P03 - JOFOC_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C261 22 AP 2538

1. Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service Network (VISN) 21, Network Contacting Office (NCO) NCO 21, 3230 Peacekeeper Way, Bldg 209, McClellan Park 95652 on behalf of VA Pacific Sierra Pacific Network 21 (VISN 21) for VA Central California, VA San Francisco, VA Northern California, VA Martinez, VA Sierra Nevada, VA Palo Alto, VA Livermore, and VA Southern Nevada.

VA 2237: 612 22 2 476 0048

2. Nature and/or Description of the Action Being Processed: The Department of Veterans Affairs proposes to enter into a firm fixed price contract on the basis of other than full and open competition with Carefusion LLC, a wholly owned subsidiary of Becton Dickinson (BD) and Company.

This procurement is for service and software support of VISN 21 infusion pumps in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303 2.

This request is to establish a follow on to Contract V797D 30183 Task Order VA261 17 J 0571. This task order currently provides Alaris Guardrails Software Management Services to VISN 21 and ends on 8/31/2022.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This contract will consist of a base plus four one year options. Services for the base contract will consist of six months followed by four one year option periods. The services for this contract will be performed from 9/01/2022 – 2/28/2027. The estimated cost of the base year is , and the estimated total contract value is .

The requested services include service, support, software updates and upgrades for infusion pumps.

The infusion pumps are considered critical to the VISN 21 overall ability to provide patient care. The Contractor is to provide services under Software Management Services – Level 3 (per bed) as follows:

Facility Estimated PC + Modules Count

Estimated Bed Count

VA Central California Fresno 534 137 VA San Francisco 755 259 VA Northern California Sacramento 578 65 VA Martinez 147 120 VA Sierra Nevada Reno 530 135 VA Palo Alto 1033 415 VA Livermore 110 120 VA Southern Nevada Las Vegas 734 90

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

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): CareFusion Solutions, LLC, a wholly owned subsidiary of Becton Dickinson and Company (BD), is the exclusive manufacturer of Alaris® products and software including Guardrails® Point of Care Software, Alaris® Pump Module, Alaris® Syringe Module, Alaris® PCA Module and Next Generation Alaris® PC Unit. CareFusion Solutions, LLC/BD has not authorized any other company to provide the software maintenance support programs (Optimization or Software Management Services) to Alaris® System users. The software is proprietary technology and not provided to 3rd parties for the purpose of providing software maintenance. This software is subject to Food and Drug Administration regulations, and only authorized companies can provide support services on the software. To compete this requirement would mean that the VA would potentially be buying a new system for which would not be cost effective because the VA would have to purchase new pumps. This would be a substantial duplication of cost estimated at

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

Intent to Sole Source: Intent to Sole Source Synopsis 36C26122Q0324 was published to SAM.GOV on 03/03/2022 and closed on 03/10/2022. One response was received from ICU Medical, Inc. ICU Medical provided their Sales Executive Summary and completed Market Research Questionnaire.

ICU Medical's response was evaluated and it has been determined that they cannot provide what is required by this procurement. The VA's requirement is for support services for existing infusion pumps, not for replacement pumps which would be a substantial duplication of cost.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will review and determine if the anticipated price is considered fair and reasonable. FAR Part 13 Open Market Award Decision Documentation Form shall detail how the Government will determine that the anticipated cost is 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: The Vendor Information Page (VIP) website was searched