LSJ 650 Providence Bed BPA - NonCompetitive_Redacted.pdf

VHAPG Part 808.405-6 Limiting Sources Page 1 of 3 Revision: 01 Effective Date: 09/01/2024 Acquisition ID#: 36C241-25-AP-3625

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C241-25-AP-3625

(1) Contracting Activity: Department of Veterans Affairs, Network Contracting Office 01, in support of VISN 01 Providence VA Health Care System at 830 Chalkstone Ave, Providence, RI 02908. 2237 # 650- 25-4-7077-0058

(2) Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). The action being reviewed and approved will be awarded a new requirement as a FFP FSS BPA order.

Order against: FSS Contract Number: 36F79721D0021 VANEC BPA Number 36C24525A0024

Name of Proposed Contractor: Stryker Corporation

Street Address: 3800 E Centre Ave

City, State, Zip: Portage MI 49002

Phone: Amanda Blackburn, Amanda.Blackburn@stryker.com

(3) Description of Supplies or Services:

The estimated value of the proposed action is $379,603.95

VISN 01 needs Stryker Procuity and MV3 beds to augment existing beds, accessories, and surfaces/mattresses at the following VISN 01 locations:

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

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Acquisition ID#: 36C241-25-AP-3625

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit, and function) with existing systems that are currently installed/performing. Currently, there are 72 critical care beds, which were purchased in 2021 and have several years of remaining useful life. Adding 14 more of the exact same bed model is preferred to outright replacement of the entire inventory of 72 critical care beds. Working with multiple types of beds would create unnecessary confusion for the clinical staff, and standardization will allow the facility to float bed inventory to various units as needed safely. Additionally, a complete replacement of the critical care beds at the VA Providence Medical Center would cost the Government approximately $2,159,000.

These beds are a part of a larger integration that is facility-wide, allowing clinical staff to be notified of several clinical events, such as bed exit alarms. This Secure Connect system is only compatible with Stryker-manufactured beds, and replacement of the entire system for a small number of beds is not in the best interest of the government.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination:

GSA has already determined the prices of supplies and services under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing. Since these beds are offered on a VA FSS schedule, the NAC determined price reasonableness, and the publicized prices are Firm-Fixed. Nevertheless, per IAW FAR 8.405-4, the Contracting Officer requested a price reduction.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Market research was conducted according to the requirements at hand. During market research, a VANEC Blanket Purchase Agreement (BPA) was found. The VANEC Bed BPA is a multiple-award BPA awarded to Federal Supply Schedule (FSS) contract holders in accordance with (IAW) FAR 8.4. It is in the best interest of the VA to use this BPA. Veterans First (Rule of Two) was considered and applied in this BPA action.

(7) Any Other Facts Supporting the Justification:

The VA Providence Medical Center has approximately $2,159,000 invested in existing Critical Care bed technology. No plans have been made to abandon this investment. Additionally, these beds interface with our nurse call system. There would be an additional cost to the government to establish another interface with any other vendor.

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Acquisition ID#: 36C241-25-AP-3625

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

In the future, when all critical care beds at the VA Providence Medical Center are due to be replaced, clinical staff will conduct extensive market research and work with contracting to issue a competitive procurement if warranted.

(9) Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge. I understand that the processing of these limited sources' justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requester’s supervisor, fund control point official, chief of service, or someone with responsibility and accountability.)

10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.