P03 FAR 13.5 Brand Name Justification - Over SAT_Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Brand Name Justification Template >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

BRAND NAME JUSTIFICATION

Acquisition Plan Action ID:____36C260-24-AP-0278________________________________

1. Contracting Activity: Department of Veterans Affairs, RPO West, Network Contracting Office 20 on behalf of Portland VA Medical Center. 648-24-1-9961-0027

2. Nature and/or Description of the Action Being Processed:

This activity proposes to issue a Brand Name only delivery for Arjo Inc patient lift motors, via full and open competition, for the purchase of replacement parts for patient lifts currently in use at the facility, and the installation, and recertification thereof.

3. Description of Supplies/Services :

Estimated Value: $269,973.11

Part Number Description Qty Price Extended

MS405-01-01 MS2 MB 4F ECS IC REG 41

700-19465 MS2 2pt IC Spreader Bar 41

700-19485 SCALE MS2 41

Hardware Kit Hardware Kit 1 ZSMONTEC07 Installation: Travel, Inspection, Re-certification, Confirming stoppers, Leteral Bracing and attachment to structure

Performance Agreement

Performance Assurance Agreement 1

TOTAL

This acquisition comprises of the removal of old Arjo overhead patient lift motors and replacement with new, current model units. Only the motors, spreader bars, and scales are being replaced. All overhead railing, through-bolting to the interstitial space and infrastructure is remaining in place.

After installation, the over-head lifts will be certified for use as per current regulatory requirements.

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 as 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

Effective Date: 02/01/2022 Page 2 of 4

( ) Public Interest

Patient lifts are designed to lift patients from the bed to different locations in the room, and in some obtained from Arjo as it is one complete system. The items on this order are components of the main system, and only Arjo or an authorized distributor can recertify the system to meet regulatory requirements.

5. Demonstration that the C Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

The Portland VA Medical Center currently has in place an Arjo overhead railing system and a system of patient lifts to move patients from place to place when the patient lacks the ability to do so on their own, or are otherwise restricted from doing so. This lift system moves patients from their beds to various locations in the room, including the bathroom. Failure to maintain the system according

The replacement motors, spreader bars, and weighing scales are all components of the main patient lift system. All Arjo components, motors, etc are proprietary to Arjo. Utilizing off-brands, non-Arjo components etc. will void the Arjo warranty, and put the VA at extreme risk of high liability resulting from patient injuries.

The Portland VA Medical Center is in need of replacing motors, spreader bars, and weighing scales that are nearing the end of their life cycle. Only OEM Arjo replacement parts are authorized by the manufacturer in order to maintain equipment functionality, design, safety, and warranty. OEM authorized distributor installation of the replacement parts is necessary for the same reasons. The alternative of replacing the entire system of rails and required installation into the supporting infrastructure would be an extreme cost compared to replacing the needed parts.

Because both the OEM, Arjo, and its one authorized provider are capable of distributing the parts necessary, and are capable of performing the requisite installation, this requirement is limited to one source, the Brand Name Only ARJO replacement parts, but will be competed open market.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Government wide databases were searched for possible contract vehicles and sources of supply.

There are no existing contract vehicles that allow for the acquisition of both these required items and the installation, and recertification of these products. The manufacturer was asked whether they have any authorized distributors and provided one. The manufacturer determined that only one distributor, aside form itself, is capable of performing this particular requirement because of the overhead work required.

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

Although this requirement is limited to Brand Name Only, ARJO, it will be competed open market between any authorized distributors of Arjo. Further, prices were compared to similar purchases on

FPDS.

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

Market Research Was Not Conducted: Government wide databases of contracts and mandatory and encouraged sources of supply were searched. A search of the VA VIP database revealed 653

Effective Date: 02/01/2022 Page 3 of 4

SDVOSB vendors potentially capable of supplying this requirement. However, there is no reasonable expectation of receiving offers from 2 or more SDVOSB/VOSB, or from 2 or more small businesses, due to the proprietary nature of the requirement and the need for OEM equipment to maintain warranty coverage. Greay markey, or after-market items are not acceptable. Further, the OEM, Arjo, has indicated that they have only one authorized distributor. A search of SCMS, NAC, GSA, and WSNS revealed contracts V797D50430 and SPE2D1-20-D-7008. Other contracts are available, but not for use by this agency. Further, there is no contract available for installation or performance agreements.

9. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Arjo Inc, Large Business Alliant Enterprises, LLC, SDVOSB

10. 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:

The agency will continue to search for potential competition for this and other similar acquisitions in the future.

11. 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.

Gordon Hosoda Date Program Manager/Project manager/COR

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

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

Gregory G. Watson Date Contracting Officer

NCO20

Effective Date: 02/01/2022 Page 4 of 4

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.

Michael Allred Date Branch Chief, Medical Equipment

NCO20

RPOW TRACKER # FY24-NCO20-718