P03-Maletta Signed-Brand Name Req. FAR13.5-Bedside Stations-SpaceLabs.pdf

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C247-21-AP-3064

1. Contracting Activity:

Department of Veterans Affairs, Veterans Integrated Service Network (VISN) 7, Ralph H. Johnson VA Medical Center (VAMC), 109 Bee Street, Charleston, SC 29401-5703.

The Purchase Request # 534-21-3-783-0250

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

The facility is requesting award of a new firm fixed-price contract to purchase Space Labs Bedside Central Stations to be used in the Emergency Department at the Ralph H. Johnson VA Medical Center.

The anticipated award date is June 18, 2021 and delivery of all items shall be completed by July 30, 2021.

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

This one-time procurement is for Space Labs Bedside Central Stations to be used in the Emergency Department at the facility. The current patient monitoring system in place throughout the facility is purchased through Space Labs Healthcare, and only Space Labs equipment will be compatible with the existing. The VAMC must have a complete system without loss of functionality in monitoring or endangering patient safety; therefore, maintaining equipment compatibility is essential. Space Labs Healthcare is the OEM for the proposed patient monitoring system.

The estimated value of this procurement is $838,194.89.

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

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Revision 03 Date: 02/11/2021

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Bedside Central Stations is required for the Bedside stations to be added to the Emergency Dept. and those stations being dispersed throughout the rest of the facility. Space Labs Bedside Stations have been in use throughout the facility since 2012. Charleston VAMC personnel are proficient at using the Space Labs Healthcare stations. The staff have used these stations for nearly a decade and are intimately familiar with their operation. The staff’s ability to recognize the alerts of patient distress and condition changes allow for the best care and treatment for the veterans. Moreover, the network and software used to produce reports from these stations are already in use and a complete overhaul would be a substantial duplication of cost and could potentially interfere with the existing systems. Therefore, it is essential to the Government's requirement to include the brand name description, Space Labs Bedside Central Stations in this requirement, thereby precluding consideration of a product manufactured by another company.

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

The Contract Specialist communicated directly with the OEM to identify any authorized distributors of the Space Labs Bedside stations required for this requirement. Market research was conducted through queries of VIP, GSA, SBA Dynamic Small Business Search (DSBS) and a Google Internet search. Through all searches, no vendors other than Space Labs Healthcare was located. Space Labs Healthcare has provided a sole source document explaining only Space Labs is compatible with the existing system and the only authorized SDVOSB’s, are Janz Corporation and AV Medical.

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

There are 2 authorized SDVOSB distributors for which this requirement will be set-aside for to maximize competition and obtain pricing that can be considered as fair and reasonable. Further, costs will also be compared to similar awards found in FPDS for similar requirements.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Thorough market research was conducted through queries of VIP, GSA, FPDS and communication with the Original Equipment Manufacturer. The only vendor other than the OEM discovered through market research efforts were the authorized distributors. The OEM provided verification that AV Medical and Janz Corporation, both of which are VIP verified SDVOSB’s, are the only authorized distributors of Space Labs Healthcare brand equipment.

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

N/A

Acquisition Plan Action ID: 36C247-21-AP-3064

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Revision 03 Date: 02/11/2021

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

Janz Corporation 6950F Americana Parkway Reynoldsburg, Ohio, 43068-4127 VIP Verified SDVOSB

AVMEDICAL, LLC

4037 Rural Plains Cir., Ste. 160 Franklin, Tennessee

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:

Continuous market research will be conducted to determine if an or equal product can be used in conjunction with existing equipment to allow for maximum competition. Also, regular communication with the manufacturer can reveal any additional authorized vendors, should they add any in the future.

12. 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.

Christian Kandl Outpatient Services Section Chief HAS Service Ralph H. Johnson VAMC

Acquisition Plan Action ID: 36C247-21-AP-3064

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Revision 03 Date: 02/11/2021

13. 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.

LaToyer Furbush Contracting Officer

VISN 07-Charleston Site Team

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.

Maurice D. Ross Division Chief Services and Commodities Network Contracting Office – 7 (NCO 7)

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve ($750K to $7.5 million (or $15.0 million for acquisitions described in FAR 13.500(c)) for other than full and open competition.

Joseph P. Maletta Executive Director, RPO-East VHA Head of Contracting Activity (HCA)

Acquisition Plan Action ID: 36C247-21-AP-3064 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx