P03 JA FY25 NX EQ Stretcher 6.302-5 1122_KB_AZ AH 12112024_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL)

Strategic Acquisition Center (SAC) 10300 Spotsylvania Ave Suite 400

Fredericksburg, VA 22408

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(1) Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition.”:

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center (SAC), on behalf of Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Equipment Life Cycle Management (ELCM) Program.

(2) Nature and/or description of the action being approved:

This activity proposes to negotiate a non-competitive award of a sole source Firm- Fixed-Price (FFP) Requirements contract with TrillaMed, LLC, a Service-Disabled Veteran-Owned Small Business (SDVOSB), for the Stryker Gynnie® OB/GYN Stretcher or equal product and associated equipment. The period of performance will be for one

(1) 12-month base period with four (4) 12-month option periods.

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value):

The Obstetrician-gynecologist (OB/GYN) stretcher facilitates obstetrical and gynecological care. They provide an adjustable, secure, and comfortable platform for gynecological examinations. During obstetric emergencies, the need for a reliable stretcher becomes paramount. These stretchers ensure that the patient can be quickly and safely transported to the required department. Patients benefit from these stretchers in labor and delivery settings. Adjustable positioning helps maximize comfort, efficiency, and safety during childbirth. Patients can often avoid the discomfort, risk, and time expenditure associated with transferring from a bed to a stretcher, and then to an obstetric table.

The total estimated value (including options) of the proposed action is

(4) An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 41 U.S.C.

§ 3304(a)(5) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302- 5 entitled, “Authorized or required by statute”. The applicable statute is Public Law 109- 461: “Veterans Benefits, Health Care, and Information Technology Act of

Strategic Acquisition Center (SAC) 10300 Spotsylvania Ave Suite 400

2006” specifically, the “Veterans First Contracting Program” outlined in 38 U.S.C § 8127(c).

(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

VA Acquisition Regulation (VAAR) 819.7008 states explicitly, “A determination that only one SDVOSB can meet the requirement is not required,” and that using this authority, the following must be verified:

i. The anticipated award price of the contract (including options) will not exceed $5 million.

ii. The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) shall be posted in accordance with FAR subpart 5.301(d);

iii. TrillaMed, LLC is certified SDVOSB as verified in the Small Business Administration’s (SBA) Veteran Small Business Certification (VetCert) database and has been determined to be a responsible contractor with respect to performance based on historic VA awards where TrillaMed, LLC has received satisfactory or better performance ratings.

iv. In the estimation of the Contracting Officer, contract award can be made to TrillaMed, LLC at a fair and reasonable price that offers the best value to the Government.

v. TrillaMed, LLC has a satisfactory performance history with the VA in providing quality supplies at fair and reasonable prices and has the necessary working knowledge and is an authorized distributor of the Stryker Gynnie® OB/GYN Stretcher and its associated equipment.

(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies:

In accordance with VAAR 819.7008(b), the determination to make a sole source award to an SDVOSB is a business decision wholly within the discretion of the Contracting Officer; therefore, the requirement to ensure that offers are solicited from as many potential sources as practicable is not applicable to this procurement. In addition, VAAR 819.7008(c) further authorizes the Contracting Officer to make the award without first determining that only one SDVOSB source can meet the requirement.

Strategic Acquisition Center (SAC) 10300 Spotsylvania Ave Suite 400

A notice of the proposed action will be synopsized via the Government Point of Entry (GPE) in accordance with FAR Section 5.201, and the agency will make publicly available the justification required by FAR 6.305(a) within 14 days after contract award.

(7) A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable:

No award shall be made until the Contracting Officer determines the price to the Government to be fair and reasonable. This determination will be based on a comparison of historic contract pricing, the Independent Government Cost Estimate (IGCE), past proposal submissions (if available), and other information as made available. In accordance with FAR 15.504-1(b)(2), the Government may use various price analysis techniques to ensure a fair and reasonable price before making any award.

(8) A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted:

Based on current market research, specifically the results of the Request for Information and the authorized distributor letter from the manufacturer of the Stryker Gynnie® OB/GYN Stretcher and its associated equipment extended to TrillaMed LLC, is determined to be a responsible source. They are a certified SDVOSB, as verified in SBA’s VetCert database and determined to be a small business under North American Industry Classification System code (NAICS) 339113 (Surgical Appliance and Supplies Manufacturing) for this requirement, which is in accordance with Public Law 109-461, Section 502(c) meets the requirements of this statute to allow a sole source to a SDVOSB. A review of their Representations and Certifications was conducted in the System Award Management (SAM.gov) and TrillaMed, LLC represented that they are an SDVOSB.

In addition, the SAM Responsibility/Qualification Summary was reviewed and shows no reports for TrillaMed, LLC that would indicate defective pricing, instances of contractor fault or recipient not-qualified, terminations for cause, default, or material failure to comply, or non-responsibility of the contractor.

(9) Any other facts supporting the use of other than full and open competition:

The Procuring Contracting Officer has determined that this proposed action meets all of the requirements of 38 U.S.C. 8127(c). This action is below the $5,000,000.00 threshold. TrillaMed, LLC is a responsible SDVOSB for performance of the requirement described herein, and the proposed contract can be awarded at a fair and reasonable price.

Strategic Acquisition Center (SAC) 10300 Spotsylvania Ave Suite 400

Fredericksburg, VA 22408

On November 21, 2024, the VA submitted a request to the SBA for an individual waiver of the Nonmanufacturer Rule (NMR) for the Stryker Gynnie® OB/GYN Stretcher and its associated equipment. On November 27, 2024, SBA approved the VA’s request for an individual waiver for the subject procurement.

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition:

i. Name of Contractor: TrillaMed, LLC Street Address: 30100 Telegraph Rd, Ste 366 City, State, Zip: Bingham Farms, MI 48025 Phone: 248-203-9734

ii. Name of Contractor: Claflin Service Company Street Address: 1206 Jefferson Blvd City, State, Zip: Warwick RI 02886 Phone: 401-603-9623

(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

All future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive.

(12) Technical and Representative Certification:

I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Signature: _________________________________ Annette Holland Date Deputy Program Manager Lifecycle Management Logistics

ANNETTE

HOLLAND

Digitally signed by ANNETTE

HOLLAND

Date: 2024.12.11 14:36:20 -07'00'

Strategic Acquisition Center (SAC) 10300 Spotsylvania Ave Suite 400

(13) Contracting Officer’s Certification that the justification is accurate and complete to the best of the Contracting Officer’s knowledge and belief:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: _________________________________ Kimberly LeMieux Date Contracting Officer Strategic Acquisition Center

Approval In my role as Contracting Activity Competition Advocate, based on the foregoing justification, I hereby approve this acquisition on an “other than full and open competition” basis pursuant to the statutory authority cited in paragraph four above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition. As this action does not exceed $15M, the certification below required by FAR 6.304 serves as approval.

Signature: _________________________________ Adam M. Spacht Date Director, Compliance, and Internal Control Service Procuring Activity Advocate for Competition (SAC-Fredericksburg) Strategic Acquisition Center

KIMBERLY

LEMIEUX

Digitally signed by KIMBERLY

LEMIEUX

Date: 2024.12.12 07:38:06 -05'00'

Digitally signed by ADAM SPACHT Date: 2024.12.12 14:14:45 -05'00'