P03 JA 36C260-21-AP-3375 signed CO BC.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 10 Page 1 of 3 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:___________36C260-21-AP-3775____________________

1. Contracting Activity: Department of Veterans Affairs, Veterans Healthcare Administration, Regional

Procurement Office West, Network Contracting Office 20 on behalf of, VA Puget Sound, 663-21-3- 219-0203.

2. Nature and/or Description of the Action Being Processed: A new firm fixed price contract proposal with an estimated value of $290,840.56. The requested equipment are ventilators that also work as high flow oxygen delivery devices and for non-invasive full facemask ventilation. They are used in the critical care units and emergency department. They address both hypoxemia and hyercarbia/hypercapnia. With this one piece of equipment, we can address all of the patient s ventilation and oxygenation needs.

3. Description of Supplies/Services Required to Meet :

Marquet is the only manufacturer of this product and it uses the same disposables and interface as our other equipment. We were using the Philips V60 and it has had a national recall and can t do everything that the requested equipment can do. With the respiratory pandemic (COVID 19 and the new Delta variant), it is safer to be able to grab one piece of equipment that can do it all instead of having to go in and out of the patient s room with numerous pieces of equipment.

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

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

Due to the current inventory of Phillips V60 ventilators in the Puget Sound VA Healthcare that are currently on a national recall along with the increasing surge of the Delta Variant the Gentinge Servo-air ventilator and It is the only piece of equipment on the market that can do all of the things and uses the

OFOC SOP Revision 10 Page 2 of 3 Original Date: 03/22/11 Revision 10 Date: 09/10/2020 same disposables and software that our current equipment uses. That makes it the most cost effective and allows for consistency for the clinicians and providers. The critical-care and with high mobility, the Servo-air is capable of providing NonInvasive Ventilation therapy (NIV) giving more lung-protection. This eliminates the need for a separate NIV ventilator.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Purchasing the Gentinge Servo-air ventaltor can be done from only 2 sources.

Direct to the manufacturer or one authorized small business

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

Reasonable: When comparing current pricing on the Phillips V60 to ventilators on GSA Advantage and and current comparable ventilators in the VHA inventory is considered fair and reasonable.

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

Market Research Was Not Conducted: Due to the recent high surge of COVID & Delta Variant the urgent need for ventilators along with Geninge Servo-air having the proprietary patent to Maquet Critical Care AB. They are going to be used in the critical care units and emergency department.

They address both hypoxemia and hyercarbia/hypercapnia. With this one piece of equipment, respitory therapy can address all of the patient s ventilation and oxygenation needs that eliminates the need to switching devices. At this time they do not partner themselves with an SDVOSB or VOSB at this time and will be seeking future partnerships with SD/VOSB s. They do partner with an authorized reseller that is a certified Small business.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: N/A

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Getinge and Technical

Communities DBA Testmart are sources that have expressed interest in this acquisition.

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:

Requested that Maquet may find multiple VOSB or SDVOSB to partner themselves with to spur increased 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.

Kristina M. Martinson RRT Date 9/22/2021 Acting Chief of Respiratory Therapy VHA Puget Sound Healthcare System

OFOC SOP Revision 10 Page 3 of 3 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

13. 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.

Jared Zinsmeister Date Contracting Officer

NCO 20

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.

Brian M Corey Date Branch Chief

NCO 20