P03 - JOFOC_Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

Last Updated: 02/01/22

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C252-22-AP-1934

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 12, located at 115 S 84th St, Suite 101, Milwaukee, WI 53214, in support of VISN 12 Edward Hines, Jr.

VA Hospital at 5000 S 5th Ave, Hines, IL 60141-3030. 2237: 578-22-2-969-0316.

2. Nature and/or description of the action being processed: This is a justification for a new, brand name only firm fixed price solicitation and purchase order for patient monitor software license upgrades and components.

3. Description of supplies/services required to meet the Agency’s needs: The Edward Hines, Jr. VA Hospital located in Hines, IL has the requirement for GE CARESCAPE B450 patient monitor software license upgrades and components to support inpatient units requiring remote monitoring of patient vitals. This is a brand name only procurement as the requested items must be compatible in all aspects (form, fit and function) with 85 existing systems. There is no period of performance but a one-time delivery. The estimated value of the proposed action is .

4. Statutory Authority Permitting Restricted Competition:

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

Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

Demonstration that the contractor’s unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority): The facility owns 85 CARESCAPE B450 monitors. The additional licenses and peripherals on this requirement will be used to standardize the monitoring capabilities between the telemetry boxes and patient monitors. This standardization will improve patient care and safety by increasing the number of vital signs measurements that can be transmitted from the patient monitor to the central station and alleviating issues that occur when transitioning patients between telemetry box monitoring and their hardwired patient monitor. In addition, this upgrade will allow for a wider arrange of alarm settings and increased detection of abnormal patient vitals using the existing patient monitors.

The requested software licenses and installation/configuration are only offered by GE Healthcare and its authorized distributors to the VA. As the sole manufacturer and authorized service provider for these patient monitors, only GE Healthcare and its distributors can provide the required licenses and performing the installation and configuration.

5. Description of efforts made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research shows the requested items are available from several vendors, including the manufacturer and its authorized distributors. An Intent to Sole Source notification (36C25222Q0394) was posted to sam.gov to allow for any responses to be reviewed. One response was received from an SDVOSB distributor.

6. Determination by the CO that the anticipated cost to the Government will be fair and reasonable: Competitive pricing is expected to be similar to the manufacturer’s VA FSS pricing on contract 36F79721D0154. IAW FAR 8.404(d), GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable.

7. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted: A VIP search of NAICS 511210 and keyword, “CARESCAPE” (brand name) produced zero results. A second search with the same NAICS and keyword, “General Electric” (brand name) produced one SDVOSB result. A final search for the same NAICS and keywords, “Patient Monitors” (with quotes) produced zero results.

To verify whether there are any available VOSBs or SDVOSBs to distribute brand name only GE products, the CO contacted the manufacturer to determine if the items are authorized for distribution from any small businesses. The manufacturer responded that it has an SDVOSB that is authorized to distribute to the VA.

A search for the requested licenses/components on the NAC MedSurg catalog revealed they are available from two “other than small businesses”:

Secondary searches on the NAC HTME list, SAC NX-Equipment List, NASA SEWP V, and Internet searches produced zero relevant results.

Market research shows the VA Rule of Two cannot be met; an open market, unrestricted, brand name only RFQ will be issued on sam.gov IAW FAR 13.106-1(b).

8. Any other facts supporting the use of other than full and open competition: None.

9. Listing of sources that expressed, in writing, an interest in the acquisition:

10. 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: 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.

11. 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.

SIGNATURE DATE

NAME TITLE SERVICE LINE/SECTION

FACILITY

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.

JIM R. HEDMAN

CONTRACTING OFFICER, NCO-12

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding

$700K): I certify the justification meets requirements for other than full and open competition.

PARRIS S. WEIDENBACH

BRANCH CHIEF, EQUIPMENT TEAM, NCO-12