P03 FAR 13.5 SS Justification (FS) 1_Redacted.pdf

PM Part 813.5 SAP for Certain Commercial Items

Original Date: 08/30/17

Revision 02 Date: 08/04/2020

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.S

Acquisition Plan Action ID: 36C249-21-AP-0047

1. Contracting Activity: Department of Veterans Affairs, VJSN 09, Memphis VA Medical Center, 614-

21-1-9940-0007.

2. Nature and/or Description of the Action Being Processed: This is an emergency request to purchase additional bed monitors to expand the capabilities of the Spacelabs System currently in use at the Memphis VA Medical Center. This system will expand healthcare workers capacity to treat and monitor a larger volume of patients during the COVID 19 pandemic. .

This acquisition is in accordance with FAR 13.5 Simplified Procedures for Certain Commercial

Items and specifically FAR 13.501Special 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.

3. Description of Supplies/Services Required to Meet the Agency's Needs: This is an emergency requirement needed for patient care during the COVID 19 global pandemic. It is necessary to provide Physicians and Nurses with an ability to monitor anincreased volume of patients during this uncertain time. This requirement will beawarded IAW FAR 13.106-l(b)(l)(i) due to the circumstances of the contract action deeming only one source reasonably available

(e.g. urgency). Due to the urgent nature of this requirement a solicitation will not be issued.

This is an open market purchase awarded to large business, Spacelabs Healthcare, LLC.

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. § 1901and 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:

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

Requirements

(X) 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

Revision 02 Date: 08/04/2020

5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the

Use ofthe Authority Cited Above (applicability of authority): This equipment is required for the treatment and recovery of veterans that are infected with the COVID-19 virus. This virus is easily transmitted and has severe impacts on those with pre-existing conditions like a vast majority of the veteran population. The COVID infection rate is steadily increasing every day in Tennessee. This life saving equipment is needed immediately to ensure the facility can respond immediately to patient care needs. Any delay in procuring these items will pose a sever risk to patient health and recovery.

Due to the urgent nature of this requirement, time will not permit for the posting of a solicitation.

With the steady increase of COVID infections each day, it is imperative these units are received at the facility immediately to ensure lifesaving patient care can be delivered at the demand rate that is required.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: As a result of the continuous spread of the COVID-19 virus and the nationwide toll on resources, limited market research was conducted in order to procure these items as quick as possible and before the supplier resources become exhausted. Future requirements for similar needs will be competed to the maximum extent practicable to encourage best pricing to the government.

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

The price on this requirement is determined fair and reasonable based on comparison to the

Independent Government Cost Estimate IAW FAR 13.106-3(a){2)(vi). Additional discounts were offered off the normal retail listed price by Spacelabs Healthcare, LLC.

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

Market Research Was Not Conducted: A VIP search was conducted using NAICS code 334510 with key words bed monitor with twenty-one vendors returned. These results will not be used at this time. A search was conducted on GSA using keywords bed monitor with no applicable products returned. In the interest of urgency, these items are required immediately in response to the COVID-19 epidemic. As a result of the critical need for these supplies and the nationwide requirements for these items, any delays through further market research risks the health and welfare of the infected veterans as well as the ability to obtain these items prior to the depletion of vendor resources.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The items needed on this requirement are in support of the COVID-19 epidemic. The critical need and the nationwide strain on the vendors supply limited competition on the requirement.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Given the circumstances and urgent nature of this procurement, Spacelabs Healthcare, LLC. is the only interested vendor.

11. AStatement 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: This is an

Revision 02 Date: 08/04/2020 urgent requirement. Due to the impact on patient care, time does not allow for normal competitive procedures. In the future, acquisitions for similar requirements in times other than d. uring a national pandemic, competition will be sought to the maximum extent practicable to maximize competition.

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.

i ocrw Date

NX Equipment Supervisor

Memphis 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.

MONICAE.

THOMPSON

110287 Monica Thompson

Digitally signed by MONICA

.E.THOMPSON 110287

. Date: 2020.10.08 14:10:37

-05'00'

Date

Branch Chief, Supply West

NC09

b. One level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Digitally signed by Robert M Kellner

Robert M Kellner 184085 184085 Date: 2020.10.09 13:29:46 -05'00'

Robert Kellner

Division Chief

NC09

Date