P03_JandA.pdf

OFOC SOP Revision 11 Page 1 of 3 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:_ 36C249-21-AP-2992

1. Contracting Activity: Department of Veterans Affairs, VISN 09, Louisville VA Medical Center, and

Networking Contracting Office (NCO) 9. The applicable procurement request numbers are 603-21-3- 984-0675 and 603-21-3-984-0705.

2. Nature and/or Description of the Action Being Processed: This requirement will be awarded as a new firm fixed-price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Contractor shall provide to 65 overhead replacement ceiling lift motors for our current Liko overhead lifts that are end of life.

This requested work relates to work already accomplished throughout the Medical Center and is in direct compliance with Medical Center Policy 603-17-003I-017, Safe Patient Handling, the goal of VHA DIRECTIVE 1611 dated March 23, 2018 entitled Safe Patient Handling and Mobility Program which “protects caregivers and patients from injuries due to patient handling and movement”. It aligns w/ the General Duty clause of the William-Steiger Occupational Safety and Health Act of 1970 (84 Stat. 1590 et seq., 29 USC 651 651 et seq.), which requires employers to keep the workplace free of recognized hazards (§1903.1).

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

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

Authorized or Required by Statute (FAR 6.302-5) – In accordance with FAR 38 U.S.C. 8127(c),”…a contracting officer of the Department may award a contract to a small business concern owned and controlled by veterans or a small business concern owned and controlled by veterans with service-connected disabilities using procedures other than competitive procedures if—

A. such concern is determined to be a responsible source with respect to performance of such contract opportunity;

https://www.acquisition.gov/content/part-6-competition-requirements

OFOC SOP Revision 11 Page 2 of 3

Revision 11 Date: 02/11/2021

B. The anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 134 of title 41) but will not exceed $5,000,000; and

C. In the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.”

As a result of this statute, this requirement is being sole sourced to the Janz Corporation.

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

Sources Sought Synopsis: 36C24921Q0567 was posted on August 27, 2021, and responses were due September 1, 2021. Said notice stated the following:

• On behalf of the Tennessee Valley Healthcare System (TVHS), Network Contracting Office (NCO) 9 is issuing this sources sought notice (SSN) as a means of conducting market research to identify parties having an interest in and the resources to support this requirement for 65 LIKO Ceiling Mounted Patient Lifts, Traverse Rail System (550 lbs Capacity, 65 LIKO motors, and the installation of said requirements. A firm-fixed-priced contract is anticipated. The result of this market research will contribute to determining the method of procurement.

The following line items will encompass the resulting request for quotes: Item Number Quantity Description 0001 2 LIKO Wall Mounted Patient Lift, Traverse Rail System (550 lbs Capacity) includes: Likorall 250 S IRC Lift Motor (550 lbs Max capacity), IN-Rail Charging, 3.6m X 2.2m Straight Rails and Supports. Rooms A-133, A-136 0002 2 LIKO Wall Mounted Patient Lift, Traverse Rail System (550 lbs Capacity) includes: Likorall 250 S IRC Lift Motor (550 lbs Max capacity), IN-Rail Charging, 3.4m X 2.2m Straight Rails and Supports. Rooms A- 134, A-135 0003 2 LIKO Wall Mounted Patient Lift, Traverse Rail System (550 lbs Capacity) includes: Likorall 250 S IRC Lift Motor (550 lbs Max capacity), IN-Rail Charging, 3.2m X 3.0m Straight Rails and Supports. Rooms A-153A, A-153D 0004 1 LIKO Installation Services includes: Labor & Material to install patient lift(s) listed within one mobilization to jobsite, final weight testing and certification. 0005 1 Engineering Services - Level 2: includes design of the attachment to the building structure and signed and sealed calculations. 0006 65 LIKO Ceiling Mounted Patient Lift, Traverse Rail System (550 lbs Capacity) includes: Likorall 250 S IRC Lift Motor (550 lbs Max capacity), IN-Rail Charging, 550lb Motor Replacement & Convert to IRC 0007 65 LIKO Installation Services includes: Labor & Material to install patient Motors.

listed above within mobilization to jobsite, final weight testing and certification.

The following contractors responded to the notice:

a. Electra-Med Corporation - SDVOSB

b. The Janz Corporation - SDVOSB

c. VanDahl Engineering & Sales - Small

d. GeoMed, LLC - SDVOSB

Offers were requested from the three SDVOSBs. Janz and Electra-Med provided offers. GeoMed did not provide an offer. Janz’ offer was $348,315.62. Electra-Med’s offer was $351,652.10. This was a difference of $3,336.48. Considering that both company’s had similar past performance and both were authorized distributors, it was determined a sole source was appropriate and pricing would be reasonable under 38 USC 8127(c).

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Revision 11 Date: 02/11/2021

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The undersigned contracting officer anticipates price will be considered fair and reasonable based on the informal request for offers stated above.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: See above for market research that was conducted.

Additionally, VIP reflected that 0 contractors under NAICS 339113 could perform the requirement.

The TAA applies to this acquisition being that the required patient lyfts are manufactured in Sweden. Sweden is a WTO GPA country. Being that this requirement is valued greater than $182,000.00, the President of the United States has waived the BAA for requirements like this one.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

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

a. Electra-Med Corporation - SDVOSB

b. The Janz Corporation - SDVOSB

c. VanDahl Engineering & Sales - Small

d. GeoMed, LLC - SDVOSB

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:

No actions to be taken. The method of procurement was done for expedience at the end of the fiscal year in accordance with mandatory laws and regulations.

12. 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.

Stephen A. Clabough Date Contracting Officer Network Contracting Office 9

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.

John Mccomas Date Branch Chief – Supply East

Network Contracting Office 9 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx