P03 JOFOC Name Brand Final 626-24-1-313-0012.pdf

TVHS Howard Medical Carts - Justification and Approval for Exception to Fair Opportunity Memo

Effective Date: 03/15/2023 Revision: 02

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID:_36C249-24-AP-0794

Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service Networks (VISN) 09, Network Contracting Office 9 located at 1639 Medical Center Parkway Murfreesboro, TN 37129 in the interest of Tennessee Valley Healthcare System (TVHS) Veterans Administration (VA) Medical Center, 1310 24th Avenue South, Nashville, TN 37212. PR# 626-24-1-313-0012.

Description of Action: This is a brand name only requirement for Howard Medical carts, a large business manufactured item. TVHS VAMC Nashville has a need to purchase additional medical carts in support of patient care. Howard Medical carts are currently in use in the facility and ha proven to meet the needs of the service. The facility is seeking 192 new medical carts, an increase of 60%, to support various services to maintain standardization of medical equipment within the facility to avoid confusion when providing patient care. Estimated value of contract is $2,408,510.00.

Description of Supplies or Services: The items being procured are brand name Howard Hi-Care E medical carts. Howard Medical carts are the standard existing equipment used at Nashville and Alvin C York (TVHS) VA medical centers and will be added to existing equipment through the medical facility. The Howard medical carts will allow the department to maintain proper care and avoid mishaps/errors when entering patient information and medical care data into the database. There are no interchangeable or generic parts from other systems that can be used with the existing system.

Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section

41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i):

( ) FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( ) FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

Effective Date: 03/15/2023 Revision: 02

( ) FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source�. The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business

(VOSB).

Rationale Supporting Use of Authority Cited Above: Based on market research, as described in paragraph eight of this document, it was determined that limited competition is viable among authorized resellers for this brand name item. This is a brand name justification in support of FAR 11.105, Items Peculiar to One Manufacturer. Howard Medical has worked closely with VA staff to design a true computerized mobile medication cart that not only meets the requirements of the Bar Code Medication Administration (BMCA) software, but also makes the end users more efficient and thus increases patient care satisfaction. Awarding a different brand medical cart may affect/delay patient care and risk mistakes by staff members if the brand carts are different.

Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. Multiple different types of medical carts are manufactured and used at VA Medical facilities across the USA. Steris Corporations provides a wide variety of medical carts, as do several other large businesses. The items being requested are Howard Hi-Care E medical carts. This equipment is the standard existing equipment used at both of TVHS VA medical centers and will be added to existing equipment throughout the medical facility. There are other brands of carts to use for this purpose of medication administration, however, we currently have a fleet of Howard Medical carts in use at our facilities. Their life cycle is approximately 5-7 years. TVHS solely use the Howards carts and has a contract with Howard Medical for service and maintenance of these carts. The service contract is part of the BCMA coordinator�s daily responsibilities to troubleshoot and triage the carts and repair if within his or her ability. The BCMA coordinator would have to learn two carts and work with two vendors on servicing issues. Users would have to be trained on two different carts. Standardizing the fleet of carts helps end-users also be prepared to deal with any cart issues and allows the carts to be substitutable for all areas of the hospital.

It was determined that limited competition is viable among authorized resellers for the required Howard Medical Carts. In accordance with FAR 16.505(a)(4)(iii)(A)(1), this justification will be provided with the solicitation to all appropriate National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V GWAC (Government-Wide Acquisition Contract) holders. Furthermore, in accordance with FAR 5.301, 16.505(b)(2)(ii)(D), and 16.505(a)(4)(iii), the award notice for this action will be synopsized on the Contracting Opportunities website and this justification will be made publicly available within 14 days of award.

Actions to Increase Competition: 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.

Effective Date: 03/15/2023 Revision: 02

Market Research: Based on all these market research efforts, the Government�s technical experts have determined that only the Howard brand name medical carts can best meet the VA�s needs at TVHS Medical facilities. The Contract Officer (CO) conducted market research by using the NASA SEWP V GWAC market research tools to determine what vendors can meet the requirement. Based on this market research, the C found multiple service-disabled Veteran-owned small businesses (SDVOSB) capable of meeting the full requirement. Additionally, a search of FPDS resulted in numerous vendors with previously awarded VA contracts for Howard Medical Carts.

Other Facts: None.

Technical and Requirements 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.

Determination that Anticipated Cost is Fair and Reasonable: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on competition. Additionally, NASA SEWP V has already determined the prices on contract to be fair and reasonable. Finally, the successful quote will be compared with the Independent Government Cost Estimate.

Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Scott Dickey Date Contracting Officer Network Contracting Office 9 (NCO 9)

13. Approvals in accordance with VHAPG Part 816.505 Indefinite Delivery Contracts: Ordering.

a. 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 (NCO 9)

b. Division Chief (Recommended): I certify the justification meets the requirements for other than full and open competition.

Robert M. Kellner Date Division Chief

Effective Date: 03/15/2023 Revision: 02

Network Contracting Office 9 (NCO 9)

c. Director of Contracting Concurrence: I concur/non-concur that the justification meets requirements for other than full and open competition.

Tara L. Petersen Date Director of Contracting Network Contracting Office 9 (NCO 9)

HIGHER LEVEL APPROVAL (Required for orders over $750,000):

d. VHA Advocate for Competition/Head of Contracting Activity (HCA) REVIEW AND APPROVAL (over $750,000 to $15 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Date

Daryl A. Berg Head of Contracting Activity (HCA) Regional Procurement Office Central (VHA)