Overhead Ceiling Lift Brand Name Only Justification_.pdf

36C245-23-AP-2317 Overhead Ceiling Lift Replacement for VA Maryland Health Care System Request for Brand Name Only Justification >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN

ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C245-23-AP-2317

1. Contracting Activity: Department of Veterans Affairs, Network/Program Contracting Office NCO 05, in support of VISN 05 VA Maryland Health Care System at 10 North Greene Street, Baltimore, MD 21201. Purchase request number 512-23-3-043-0142.

2. Nature and/or Description of the Action Being Processed: This requirement is for the purchase of 395 overhead patient lifts and the installation of structural supports and rails in 43 patient rooms at the VA Maryland Health Care System in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. This will be awarded as a new firm-fixed price contract. The anticipated award date is 9/30/2023.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Baltimore VA Medical Center is looking to procure a brand name purchase of 375 Handicare A625 Manual Traverse overhead lifts and 20 Handicare C1000 Manual Traverse overhead lifts in an already installed system. The procurement will include the installation of structural supports and rails in 43 patient rooms across the VA Maryland Health Care System. The estimated period of performance is 9/30/2023 to 9/29/2024.

4. Statutory Authority Permitting Restricted Competition: FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This is a brand name only request because the requested products need to be compatible with the system already installed by manufacturer Handicare at the Baltimore VA Medical Center. Since the existing rails will remain in place for 395 patient rooms, Handicare lifts are the only brand/model that will be compatible with the existing infrastructure. Utilizing a different brand ceiling lift would void the lifetime warranty on the rail parts, including the maintenance and repairs and would require the replacement of all

Effective Date: 02/01/2022 Page 2 of 3 existing ceiling rails and support structure. This would be a duplication of services and significantly increase the cost of the procurement.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted through the review of FPDS, GSA, previous purchases and a source sought notice (36C24523Q0680) that was posted on sam.gov.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: In accordance with Federal Acquisition Regulation (FAR) 6.303-2(a) (7), the Contracting Officer determines by certifying this document that the anticipated cost to the Government for the entire requirement is fair and reasonable based on market research of previous contracts for this service.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: After review of previous purchases, communication with the manufacturer and the posting of RFI 36C24523Q0680 on sam.gov, authorized distributors were found capable of fulfilling the requirements. The SBA has not issued a class waiver for NAICS code 339112 (Surgical and Medical Instrument Manufacturing). Per the Nonmanufacturer Rule, an unrestricted contract solicitation is required. As a result, it is recommended that this action be competed unrestricted IAW FAR 13.5.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Alliant Healthcare, 2B

Accessibility LLC, Cybercare Enterprises, Inc, Premier Medical Distributors, VanDahl Engineering & Sales, Mercy Medical Equipment Company and P.X. Inc.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to

Competition before Making subsequent acquisitions for the supplies or services required: When future procurements for this type of product are to be executed, market research will be conducted again to determine if there are any new products that will meet all of the requirements of the Government. We will continue to research if new distributors come to the market. When we replace the structural rails in the facility all vendors will be considered.

12. 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 and belief.

_____________________________ __7/20/2023_____________ Zack Smith Date Chief, Biomedical Engineering Service VA Maryland Health Care System

Effective Date: 02/01/2022 Page 3 of 3

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Ryan Singletary Date Commodities Team 1

NCO 5

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

Allison Lewis Date Commodities Team 1 Branch Chief

NCO 5

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve ($750K to $7.5 million (or $15.0 million for acquisitions described in FAR 13.500(c)) for other than full and open competition.

Joseph P. Maletta Date VHA Head of Contracting Activity (HCA)

Ryan L. Singletary 1423899

Digitally signed by Ryan L.

Singletary 1423899 Date: 2023.09.12 16:36:28 -04'00'

Allison R. Lewis 3467453

Digitally signed by Allison R.

Lewis 3467453 Date: 2023.09.13 06:49:04 -04'00'

JOSEPH

MALETTA

Digitally signed by

JOSEPH MALETTA

Date: 2023.09.13 11:40:53 -04'00'