P03 RFO 12_JA OVER SAT_SAP VISN DME.pdf

Acquisition Plan Action ID:36C242-26-AP-5089

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DEPARTMENT OF VETERANS AFFAIRS

RESTRICTING COMPETITION USING SIMPLIFIED PROCEDURES

FOR COMMERCIAL ITEMS IN ACCORDANCE WITH RFO 12.102

1. Contracting Activity: Department of Veterans Affairs, VISN 02, Upstate Medical Centers

Funded by 1358 funds

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

A sole source Bridge Contract for DME Services to allow a VISN VANEC to be procured for long term contracts. Period of Performance is to be from 10/1/26 to 2/28/27. The total contract amount is estimated to by $814,985.00

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

The New York VA Health Care Network (VISN 2) desires to enter into a short term bridge contract to provide Durable Medical Equipment (DME) services for their upstate facilities to include:

environmental assessment, storage, delivery, set-up, repair, instruction-in-use, and/or pick-up of Government purchased items. The services shall also include the installation of grab bars, air conditioners, and maintenance of feeding pumps. Some of the equipment that may need to be delivered and set-up includes, but not limited to, hospital beds, feeding pumps, trapezes, patient lifts, mattresses, bathroom equipment, ambulation devices, air conditioners, etc. Storage of beneficiary items are required to be at a Contractor climate-controlled warehouse according to estimated storage requirements for each major zone within VISN 2.

4. Statutory Authority Permitting Restricted Competition:

RFO 12.102 Restricting Competition. The statutory authority for applying the Simplified Acquisition Procedures is 41 U.S.C. § 1901 and is implemented by RFO 12.102(b) for Restricting Competition using Simplified Acquisition Procedures for Commercial Products and Services. 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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5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Apnea Care is the incumbent contractor and are currently performing these essential functions.

Procuring a new short-term contract for these functions while the new VANEC is put in place is not only inefficient but counterproductive to the purpose of the VANEC.

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

North Eastern Regional district is in the process of procuring a new VANEC contract and are soliciting and awarding the contract based on competition.

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

The cost to the Government will be fair and reasonable and the basis for this determination will be based on the current contract with inflation factored in as well as other recent contract actions that have been awarded by other VISNs and agencies

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

Market Research Was Not Conducted:

ADDSUP was searched for Medical Equipment Delivery and filtered for NAICS 621610 and there are multiple contracts that were awarded to all socioeconomic sizes.

GSA was searched for DME Services and there were no relevant results.

DSBS was searched for NAICS code 621610 resulting in 8,499 results. It was also searched for NAICS code 621610 and filtered for key word “delivery” yielding 12 results and key word “installation” yielding 11 results.

DSBS was filtered for SDVOSB’s and was searched for NAICS code 621610 resulting in 629 results. It was also searched for NAICS code 621610 and filtered for key word “delivery” yielding 1 result and key word “installation” yielding 1 result. It was searched for Apnea Care and it shows they are and SDVOSB but the CO had a previous award protested on their SDVOSB status and the SBA found that they were not an SDVOSB.

SAM FPDS was searched for Delivery Medical Equipment and Medical Equipment Delivery and there were multiple results that will help establish the NAICS code and price reasonableness.

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

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

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:

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North Eastern Regional district is in the process of procuring a new VANEC contract and are soliciting and awarding the contract based on competition.

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.

Name: Christopher Costantini Date Title: PSAS Manager Facility: Buffalo VAMC

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.

Name: Corey Swinton Date Title: Contracting Officer Facility: Albany VAMC

b. One Level Above the Contracting Officer (Required over $350K but not exceeding $900K): I certify the justification meets requirements for other than full and open competition.

Name: Anthony Murray Date NCO/PCO 02 Division Chief

Facility: Albany VAMC