MSD CPR-AED - FAR PART 8.4 LIMITED SOURCES JUSTIFICATION.pdf

FAR Part 8 LSJ for MSD AED/CPR

United States Department of Justice, United States Marshals Service

Mission Support Division (MSD)

FAR PART 8.4

Limited Source Justification (FSS BPAs & Orders Over $250,000)

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

MIQ Request Number M-23-A43-R-000193

Contract Specialist’s Name Samantha Davis

Contracting Officer’s Representative

Karl Slazar

Nature or Description of Action

This is a new requirement.

The anticipated award instrument is a sole source Time and Material (T&M) Task Order (TO).

The period of performance is anticipated to be a one-year base with two 12-month options.

Description of Supply or Service

This requirement is for the implementation, management and maintenance of the Unites States Marshals Service (USMS) Automated External Defibrillator/Cardiopulmonary Resuscitation (AED/CPR) program.

Estimated Total Value $2,499,999.99

Vendor’s / Brand Name Cardio Partner, Inc

Indicate Authority for Limiting Sources

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.

Requirements of the

Procurement that makes it necessary to limit sources.

The Director of USMS has entered into a Memorandum of Understanding (MOU) with the Administrative Office of the U.S. Courts (AOUSC) to provide AED/CPR training and equipment to District locations for the benefit of both USMS and AOUSC personnel. The delivery of the equipment and services is codified in the USMS Standard Operating Procedure (SOP). AEDs are considered to be a “medical device” and required to meet the standards of the FDA under 21 CFR 870.5310.

To accomplish the agency’s goal, MSD requires s a Contractor with expertise that will be responsible for:

1. Program Management including:

o A national team of AED Medical Directors comprising various specialties such as:

Emergency medicine

Cardiology and Electrophysiology o In the event of an AED usage, providing a physician to oversee and review the data collected to ensure the AED worked as expected in a rescue situation, then to provide a report of findings. Additional issuance of a loaner AED while the data is being downloaded and interpreted on the deployed AED o Filing any registration paperwork with the local public safety answering point (PSAP) and EMS agencies, if required under state law o Conducting and recordkeeping of monthly AED checks o Ensuring AED legal compliance is maintained o Maintaining a current list of CPR trained individuals combined with a system of notification prior to expiration o Providing remote monitoring services and tracking for all AED equipment with remote monitoring hardware

2. Equipment including:

o A selection of AED units from multiple manufacturers including expendable/replacement parts (batteries and pads) and mounting cabinets o Remote monitoring hardware o Expendable/replacement parts (batteries and pads) for current and future USMS inventory o Training supplies such as manakins and trainers

3. Training including:

o Provide American Heart Association Heartsaver First Aid CPR/AED Training or equivalent to over 550 courthouse facilities across the United States, including U.S. territories.

Four class choices to include:

CPR and AED Virtual Training Adult (No Certificate) CPR and AED Virtual Training Adult (Certificate) Lay Rescuer CPR/AED - Blended/Online American Red Cross AED/CPR Certification Onsite

The contractor must also be able to meet the following requirements:

1. Equipment: Ability to ship to the identified USMS location within 7 days of receipt at the Contractor’s warehouse

2. Training: Ability to deliver scheduled AED/CPR training at USMS

District locations within 30 days of request

3. Ability to maintain a database of all trained personnel for the USMS and AOUSC.

4. Remote Monitoring: Maintain a monitoring system that tracks the location and status of AEDs 24/7 with the ability to track a deployed monitored unit through a mobile application available to

USMS.

5. Program Management and Medical Direction with the ability to provide:

Medical review of all deployments with a loaner AED.

Monthly AED check reminders with late alerts based on contact lists provided and updated by the EOSH.

Email reminders to EOSH of upcoming AED battery and electrode pads expirations dates.

Online tracking of CPR expiration dates and certification status of program trained responders and Online access to the program Policy and Procedures

Manual.

Currently USMS has deployed over 800 AED units at approximately 390 separate locations. Over 50% of the current inventory is at or beyond the manufacturer’s recommended lifespan (typically 8 – 10 years) and USMS has noted an increase in units that are breaking down and being removed from service. Additionally, there are AED units for which the manufacturer no longer produces batteries (Philips FR2/2+) and a recall on Philips pads that affects approximately 78% of deployed unit. USMS has also identified 160 locations that do not currently have a deployed AED, which is inconsistent with the USMS/AOUSC MOU terms. The written program for USMS AEDs has adopted the five-minute rule for AED deployment consistent with the American College of Occupational and Environmental Medicine (ACOEM). The current AED deployment footprint is non-compliant with ACOEM given the challenges described above.

The risk to the employees and general public is unacceptable and the correction of these deficiencies, via procurement of these services, are critical to the health and safety of the employees and general public who access the over 550 courthouse facilities across the United States, including U.S. territories. Given the health and safety implications of using an AED, procuring the described supplies and services from an experienced vendor is best practice with the greatest probability of success.

The CO surveyed the MAS Schedule 65 II A and several small businesses were identified. Many of the vendors identified were contacted and asked if they would be able to meet the whole scope of the requirement, including the adaptive delivery schedule.

The small businesses that were contacted stated they were not able to meet the whole scope of the requirement.

• Some of the small business vendors indicated their business was only capable of providing the equipment and/or training portion(s) of this requirement.

• The remaining vendors stated they were in incapable of meeting the management, reporting, and monitoring portions of this requirement.

The USMS Environmental, Occupational Safety and Health Branch (EOSH) also conducted market research on vendors that could provide a turn-key approach to the Program Management, Equipment, Monitoring and Training needs above. Factors that were considered included in the market research:

1. Full range of AEDs and peripherals from multiple manufacturers

2. The ability to provide training of multiple courses across the USMS footprint

3. A Management System that provides tracking and notifications for equipment checks, remote monitoring, and training, and

4. A history of providing all requirements to other clients

The results of market research conducted by both the CO and by EOSH SMEs identified only one vendor that could provide all the equipment and services and also meet the factors listed above.

Cardio Partners, Inc., was identified as the only vendor that had the qualifications to provide the supplies and services at the level of quality that is required because the service portion of this requirement is highly specialized. Specifically, Cardio Partners, Inc has an in-place nationwide network of training providers, remote monitoring management, and turn-key program tracking and management services to comply with the adaptive delivery schedule. Cardio Partners, Inc was the only identified entity with a history of providing all these services at the same scale and complexity as this requirement.

Results of Market Research

See above.

Future Planned Efforts to Enhance Competition

The period of performance of this requirement is shortened to three years in order to address the immediate need/risk to the health and safety of the worker and general public at the over 550 courthouse facilities across the United States, including U.S. territories.

This period of performance will also allow adequate time for USMS to get a sufficient maintenance program in place to get the existing AED/CPR equipment on a 10-year lifespan replacement cycle so that around 10% of the equipment needs maintenance instead of the current percentage of 78%.

Once the whole program is at a 10-year lifespan replacement cycle, follow on requirements are anticipated to be more predictable and suitable for competition. Any transition to another contractor before the replacement cycle is stable would result in undue risk to the health and safety of the worker and general public.

CO’s Best Value Determination

GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d).

By placing an order against a schedule contract using the procedures in 8.405, the Contracting Officer has determined that the order represents the best value consistent with 8.404(d).

Placing the order is anticipated to result in the lowest overall cost alternative (considering price, special features, administrative costs, etc.)

to meet the Government’s needs.

Although GSA has already negotiated fair and reasonable pricing, the Contracting Officer will seek additional discounts before placing the order.

Any other facts supporting the justification

N/A https://www.acquisition.gov/far/part-8#FAR_8_405_2 https://www.acquisition.gov/far/part-8#FAR_8_405

Certifications and Approvals

Contracting Officer Representative’s (COR)/Technical Representatives Certification: In accordance with FAR 8.405-6(c)(x), I hereby certify that the information provided in this Limited Sources Justification is accurate and complete to the best of my knowledge and belief.

Karl Slazar Contracting Officer’s Representative/Technical Representative

Contracting Officer’s (CO) Certification: In accordance with FAR 8.405-6(c)(ix) hereby certify that the information provided in this document is accurate and complete to the best of my knowledge and belief.

Samantha Davis Contracting Officer

Supervisor of the Contracting Officer’s Concurrence: In accordance with USMS Policy Directive 6.1, Section 7(c) I hereby concur with proceeding with this limited source justification.

Carole O’Brien Supervisor of the Contracting Officer

Competition Advocate’s Approval:

Pursuant to FAR 8.405-6(d)(2) I approve this Limited Source Justification.

Sara McFadden Competition Advocate