P03 - PM_Part819.7007-7008_Atch1_FAR6_JA_OVER_SAT - 659-21-3-098-0264 (001).pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

VHAPM Part 819.7007/7008 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C246-21-AP-4018

1. Contracting Activity: Department of Veterans Affairs, VISN 06, W. G. Hefner Salisbury Medical Center, Network Contracting Office 6, Purchase Request No. 659-21-3-098-0264.

2. Nature and/or Description of the Action Being Approved: This procurement is for the

Nihon Kohden Polysmith (PS)12 Sleep Sense System and associated software and installation. This requirement will be awarded as a new requirement firm-fixed-price open market.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This acquisition consists of purchasing the Nihon Kohden PS12 Sleep Sense System and associated software and installation to replace the outdated equipment in use that is beyond economical repair. Per the Nihon Kohden (OEM), the lead time for shipping and installing the equipment is approximately 120 days. The Government intends to purchase this requirement from After Action Medical and Dental Supply, LLC. The OEM (Nihon Kohden) has a non-compete agreement with their ONLY SDVOSB authorized distributor, After Action Medical and Dental Supply, LLC. The total estimated value of the requirement is $299,776.65.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC

§3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified veteran-owned small business

5. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the

Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

The Medicine Service, Sleep Lab is currently using an outdated version of Somno Star, which is no longer in production and beyond economical repair per Bio-Med. Unfortunately, Somno Star no longer has customer support for this version, and the system is rapidly crashing. At present, the Sleep Lab has two inoperable beds and four reading computers down. Somno Star is no longer making sleep equipment, and Nihon Kohden PS 12 is currently the only equipment that integrates with the new Somnoware System that will be launched at the end of July in the sleep lab. The purchase of this equipment will allow the utilization of all ten beds in the sleep lab fully. In addition, it will streamline the process and afford the providers to read remotely, and increase productivity. The proprietary data is addressed in a letter of verification from Nihon Kohden (OEM). The OEM states that they have one SDVOSB authorized distributor, After Action Medical and Dental Supply, LLC.

The OEM and the SDVOSB distributor have a no-compete policy; the OEM will not submit a quote for this requirement.

Original Date: 08/30/2017

38 U.S.C. 8127(c) allows sole source awards to SDVOSB/VOSB. After Action Medical and Dental Supply, LLC (Duns # 962673161) is a VIP verified SDVOSB, has been determined to be a responsible source. Additionally, After Action Medical and Dental Supply, LLC meets eligibility requirements in VAAR 819.7003.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies: Sources sought was posted to www.beta.sam.gov on 06/29/2021 RFI#36C24621Q0908 closing on 07/07/2021 with only one response, After Action Medical and Dental Supply, LLC.

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

Reasonable: The CO will determine that the prices will be fair and reasonable based on a comparison to the Independent Government Estimate, derived from Budgetary Pricing from Nihon Kohden (the OEM). Before the award, a price analysis will be performed and documented to sufficiently determine that the cost to the Government o the proposed acquisition will be fair and reasonable. In addition, a discount will be requested for all contract lines.

8. Description of the Market Research Conducted and the Results, or a Statement of the

Reasons Market Research Was Not Conducted: VIP Query revealed no SDVOSB or VOSB capable of meeting this requirement; however, the OEM states that they have one SDVOSB authorized distributor, After Action Medical and Dental Supply, LLC. The OEM and the SDVOSB distributor have a no-compete policy; the OEM will not submit a quote for this requirement.

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

38 USC 8127(c) authority states that the Contracting Officer’s determination to make a sole source award is a business decision wholly within the Contracting Officer's discretion.

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

• After Action Medical and Dental Supply, LLC

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: Currently, the W. G. Hefner Salisbury VA Medical Center’s decision to implement the Nihon Kohden sleep system made any future acquisition-related to this system restricted. The system is proprietary, with no compatible equipment available from outside vendors. The Nihon Kohden PS 12 continues to be proprietary, with only one authorized distributor as of this writing. CO will continue to monitor the market to determine if the OEM will allow for other authorized distributors.

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.

https://www.va.gov/oal/library/vaar/vaar819.asp https://www.acquisition.gov/content/part-5-publicizing-contract-actions https://www.acquisition.gov/content/part-5-publicizing-contract-actions http://www.beta.sam.gov/

Original Date: 08/30/2017

KEESHIA R Digitally signed by

NEWMAN

254911

KEESHIA R

NEWMAN 254911

Date: 2021.07.21 13:15:04 -04'00'

Steven I. Johnson Administrative Officer, SBYVAMC W. G. Hefner Salisbury VA Medical Center

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: This part if filled out by Contracting Staff as part of the Justification

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.

Keeshia Newman Division I Chief, NCO 6

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.

Nancy L. Digitally signed by Nancy L. Bailey 407136 Date: 2021.07.21 13:51:30 -04'00'

Nancy Bailey Director of Contracting, NCO 6

STEVEN I

JOHNSON

652664

Digitally signed by STEVEN

I JOHNSON 652664

Date: 2021.07.21 11:37:12 -04'00'

Bailey 407136 https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

Nancy L.