P03 - JA - Over SAT - Brand Name Only - GE Healthcare Monintors - BCsigned_Redacted.pdf

OFOC SOP Revision 09 Page 1 of 5 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C261-20-AP-0792

1. Contracting Activity: Department of Veterans Affairs, VISN 21, VA Sierra Pacific network (NCO 21), VA Palo Alto (VAPAHCS) for the new Radilogy expansion building is requesting approval of a justification for Other Than Full and Open Competition for the requirement specified in 2237 Number 640-20-1-533-0011. The estimated dollar amount is $280,874.02.

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

This NEW Action is for the VA Palo Alto Health Care System (VAPAHCS) has a need for six (6) GE Healthcare Carescape B850 monitors and two (2) GE Healthcare Carescape B450 monitors, which will allow the Radiology department to continue to provide support to the overall mission of the patient health care system. The type of contract to be awarded will be FIRM-FIXED-PRICE.

VAPAHCS) has a need for six (6) GE Healthcare Carescape B850 monitors and two (2) GE Healthcare Carescape B450 monitors, On-site installation, networking and training. These monitors are for the use of the Patient Care holding area of the Radiology expansion building.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

VAPAHCS has a need for six (6) GE Healthcare Carescape B850 monitors and two (2) GE Healthcare Carescape B450 monitors, on-site installation, networking and training. These monitors are for the use of the Patient Care holding area of the Radiology expansion building. The estimated dollar amount is $280,874.02.

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;

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

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

Only One Responsible Source (FAR 6.320-1) - This is a Sole Source procurement to procure new healthcare monitor equipment for the new Radiology expansion building. Only GE Healthcare manufactures, installs and supports the existing Carescape Monitor B850 and B450, as they are highly specialized equipment. If some other healthcare monitoring system was procured in lieu of these models, it would incur a substantial duplication of cost to the government by requiring the employees who use this equipment to undergo lengthy training, and after that, a time-consuming learning curve, in order to become proficient on the new equipment.

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

Market research was conducted with the NAC site and found one (1) vendor that had multiple items for the GE Healthcare Carescape Monitor B850. Contacted vendor to verify if they had the B850 and B450 on contract. Vendor stated that they do carry this product-line, stated that their socio-economic status was Small Business.

Conducted a Sources Sought through the Vendor Information Portal (VIP) by emailing the 39 SDVOSBs on 01/24 – 01/30. Five (5) VOSBs that populated using NAICS 334510 and 6525. The following were the results: One (1) SDVOSB company responded they could provide this BRAND NAME request and provided a quote. One SDVOSB company stated they could provide an EQUAL TO product(s) only.

Searched GSA for Carescape Monitor B850 (mfr: 2068592-001) and Carescape Monitor B450 (mfr: 2068491-001) with zero (0) results.

Posted a Sources Sought on GSA - using 65IIA/A-50A for Small Business set-aside. Received one

(1) response.

Contacted the manufacture of which generated the original quote to develop the IGCE. The GE Healthcare Product Sales Specialist provided me with four (4) authorized resellers. Two (2) SDVOSBs, and two (2) Small Business. Contacted both SDVOSBs to see if they were on schedule, and one vendor stated that they were NOT on schedule. Both SDVOSBs stated they would be interested in submitting a proposal through Open-Market.

Per VAAR 819.501-70 (a) (2), the Rule of Two is applied on this decision based that only one (1) SDVOSB has a current Schedule with these requested items.

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

The Contracting Officer has determined that the anticipated price will be determined to be fair and reasonable. A FAR Part 13 Open Market Award Decision Documentation Form will detail how the Government has determined that the anticipated cost will be fair and reasonable. The basis of price reasonableness will be determined based on comparison with similar items in a related industry.

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

Market Research Was Not Conducted:

Market research was conducted with the NAC site and found one (1) vendor that had multiple items for the GE Healthcare Carescape Monitor B850. Contacted vendor to verify if they had the B850 and B450 on contract. Vendor stated that they do carry this product-line, stated that their socio-economic status was Small Business.

Conducted a Sources Sought through the Vendor Information Portal (VIP) by emailing the 39 SDVOSBs on 01/24 – 01/30. Five (5) VOSBs that populated using NAICS 334510 and 6525. The following were the results: One (1) SDVOSB company responded they could provide this BRAND NAME request and provided a quote. One SDVOSB company stated they could provide an EQUAL TO product(s) only.

Searched GSA for Carescape Monitor B850 (mfr: 2068592-001) and Carescape Monitor B450 (mfr:

2068491-001) with zero (0) results.

Posted a Sources Sought on GSA - using 65IIA/A-50A for Small Business set-aside. Received one (1) response.

Contacted the manufacture of which generated the original quote to develop the IGCE. The GE Healthcare Product Sales Specialist provided me with four (4) authorized resellers. Two (2) SDVOSBs, and two (2) Small Business. Contacted both SDVOSBs to see if they were on schedule, and one vendor stated that they were NOT on schedule. Both SDVOSBs stated they would be interested in submitting a proposal through Open-Market.

Per VAAR 819.501-70 (a) (2), the Rule of Two is applied on this decision based that only one (1) SDVOSB has a current Schedule with these requested items.

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

All facts that support the Use of Other than Full and Open Competition have been described in the questions above.