P03 Brand Name Justifiaction RRT Code Carts_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN

ACCORDANCE WITH FAR 13.5

BRAND NAME JUSTIFICATION

Acquisition Plan Action ID: 36C244-23-AP-4001

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 4, Commodities 1, 1601 Kirkwood Hwy, Wilmington, DE 19805 in support of Corporal Michael C. Crescenz VA Medical Center. Purchase Request Number: 642-23-3-315-0280.

2. Nature and/or Description of the Action Being Processed: The Corporal Michael J. Crescenz VA Medical Center (CMCVAMC) has a BRAND NAME ONLY requirement to procure a quantity of fifty-six

(56) Metro Lifeline rapid response team (RRT) code carts used for emergency response within the medical center and community living center. The facility is currently using the specifically configured Metro Lifeline Emergency Cart series 53 (LEC53); however, these carts have a specific design and configuration that is now obsolete. Per the manufacturer, the LEC53 has reached the end of its life-cycle replacement. Replacement parts for the carts the VAMC currently uses are no longer being manufactured and the carts can no longer be repaired.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The contractor shall provide BRAND NAME ONLY Metro Lifeline fifty-six (56) rapid response team (RRT) code carts and accessories as detailed below and in the Statement of Need. The total estimated value of this acquisition is .

Qty Item Description

56 Lifeline Cart 42"(1067mm) w/ 24"(610mm) Open Inside - Blue - 5th Wheel Steering Assist Generic Customer List Less 50 SIP

56 LEC27P 42"High LEC Cart - 27" Storage Space-Passive Lock

56 LEC103 3" LEC Drawer - Code Blue Drawer Pull

56 LEC103 3" LEC Drawer - Code Blue Drawer Pull

56 LEC103 3" LEC Drawer - Code Blue Drawer Pull

56 LEC106 6" LEC Drawer - Code Blue Drawer Pull

56 LEC109 9" LEC Drawer- Code Blue Drawer Pull

56 LEC307 Metro LEC307 Backboard with Blue Front and Rear Assembly Kit for Lifeline and Flexline Carts

56 FL305-4US Metro FL305-4US Hospital-Grade Universal 4-Outlet Power Strip for Flexline and Lifeline Carts, Type B Plug

56 FL315 Metro FL315 2-Hook IV Pole with Cart Mount for Flexline and Lifeline Carts

56 FL116 Drawer Divider kit for 6” or 9” drawers

168 FL151 3” Drawer Divider Tray

56 LEC9800 Metro LEC9800 Sharps Container Bracket for Lifeline, Flexline, and Starsys Carts

56 LEC304 Metro LEC304 Adjustable Defibrillator Tray for Lifeline and Flexline Carts

All carts must be delivered completely assembled minus capital equipment items and supplies.

Additionally, the contractor is responsible for removing from active service all the CMCVAMC’s LEC53 carts once aspirators, defibrillators, and expendable supplies are removed from the carts.

Any item that has a barcode label shall be properly processed for turn in before removal, but the contractor shall be prepared to remove carts within two weeks of placing new carts into service.

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): CMCVAMC’s RRT code carts includes must have advanced polymer construction with infused Microban antimicrobial protection throughout the polymer to improve infection control and keep the cart cleaner between major cleanings. The carts must have 5th wheel steering assist for superior maneuverability throughout the medical center and navigate tight spaces. The carts must be configured to the exact match or very similar configuration of the current Metro Lifeline LEC53 cart, manufactured by InterMetro Industries Incorporated. The configuration of the Metro Lifeline code carts detailed in the Statement of Need is very similar to the LEC53 carts currently uses. The familiar configuration and look of the Metro Lifeline brand carts will allow the VAMC’s end-users to transition quickly to the new carts with less of a learning curve, than other brands available on the open market. Metro Lifeline code carts manufactured by InterMetro Industries Corp. is the only brand found that can meet the Government’s requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: On 31 May 2023 , the Contracting Officer posted a Sources Sought Notice to SAM.gov for a brand name or equal requirement to identify if there may be other brand’s makes/models commercially available that would meet the Government’s needs and what vendors may be able to supply code carts that meet the specifications of the Statement of Need. The Government received 3 responses from vendors that could supply the Metro Lifeline Carts listed in the brand name or equal requirement but did not receive any responses indicating that there are “or equal” items that meet the specifications of the Statement of Need. One of the vendors that responded noted that the 5th wheel steering assist required by the Government is exclusively available from InterMetro Industries Corp. code carts. Based on the market research conducted, Contracting Officer anticipates posting the solicitation to SAM.gov to seek competition from as many vendors as possible that can supply the brand name of code carts required.

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

Reasonable: The Contracting Officer anticipates that the cost to the Government will be fair and reasonable based on competition between multiple vendors that are able to supply the brand name of code carts required.

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

Market Research Was Not Conducted: The customer completed an Internet search for potential vendors that could meet the Government’s requirement and contacted the vendors telephonically.

The results of market research are that there are multiple vendors that sell Metro Lifeline RRT code carts. Also, see Paragraph 6 above.

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:

InterMetro Industries Corp. (OEM; Large Business) CLAFLIN SERVICE COMPANY dba CME Corp. (Small Business) EXCEL GLOVES & SAFETY SUPPLIES INC aka Excel Supply Company, Inc. (WOSB) Apex Integrated LLC (SDVOSB) Veterans Healthcare Supply Solutions (SDVOSB)

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: None.

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.

____Larissa Carney____ ________06/28/2023_______________ Name: Larissa Carney Date Title: Supervisory Administrative Specialist Facility: Corporal Michael J. Crescenz VA Medical Center

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.

Contracting Officer, NCO 4 Commodities 1

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.

Branch Chief, NCO 4 Commodities 1

ANDREA

BUCKLEY

Digitally signed by

ANDREA BUCKLEY

Date: 2023.07.10 16:56:00 -04'00'

BRANDI

SHELLHAMMER

Digitally signed by BRANDI

SHELLHAMMER

Date: 2023.07.11 06:57:26 -04'00'