P03 Sole Source Justification_FE.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

Effective Date: 11/15/24 Page 1 of 3

REVISION: 01

Acquisition ID#:

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 518-25-3-7779-0050 Hill-Rom Hospital Bed Service Contract

1. Contracting Activity: Department of Veterans Affairs, VISN 1, 518 Medical Center, Bedford MA, 200

Springs Rd, Bedford MA 01073; 518-25-3-7779-0050 Hill-Rom Hospital Bed Service Contract.

2. Nature and/or Description of the Action Being Processed: Services to be performed on the Baxter/Hill-Rom Hospital beds for Preventative Maintenaence and repair include, but are not limited to security of fasteners, locking systems, electronic components, all function on head, footboard, and siderails, nurse call functions, electrical grounding and power supply, breaking Systems, CPR assist, etc. Services are to be performed by certified Bazter/ Hillrom Technicians and all repairs are to be completed with new OEM parts.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Baxter/ HillRom beds require training is product specific and separate training is required for each product and model.

Authorized service personnel include trained HillRom/Baxter service employees. Repairs are to be completed with New HillRom/Baster parts. These parts are only available to HillRom/Baxter authorized personnel. Periord of performance shall be for one base year plus the option to exercise 4 option years. The estimated value of the proposed base year is $107,117.00 with the base plus four option years totalling $592,000.00. The action will be awarded as a new FFP contract.

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): Baxter/ HillRom is the only vendor capable of restoring beds to like new OEM standards. They are the only vendor with the most up to date software upgrades. Baxter/ HillRom beds are considered to be highly specialized pieces of equipment.

Effective Date: 11/15/24 Page 2 of 3

Acquisition ID#:

The use of HillRom/ Baxter parts in repair and use of Baxter/HillRom Certified Technicians is essential to maintain the highest standards for patient safety. Accordingly, Baxter/Hillrom Corporation is the only firm capable of providing the supplies and services described in Section III above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

5. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A sources sought notice (P02 Sources Sought Posting) was posted on 16 May 2025 with a close date of 23 May 2025. A VetBiz search was conducted (P02.1 VetBiz search) and vendors were invited to respond. One vendor responded to the Sources sought, but we determined they were not capable due to the inability to obtain OEM technicians and most current software updates. In addition, HillRom/Baxter provided documentation stating that they are the only vendor with the capeabilities of servicing Baxter/HillRom beds back to OEM standards with availability to parts and software upgrades others may not have access to.

6. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost will be considered fair and reasonable. All proposals will be evaluated and compared to other active contracts in the region. Prices will also be compared to the Independent Government Cost Estimate developed by the COR. Fair and reasonable will also be determined based on the incumbent contract to perform these services. Technical Evaluations will be prepared and completed by Subject Matter Experts.

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

Market Research Was Not Conducted: A sources sought notice (P02 Sources Sought Posting) was posted on 16 May 2025 with a close date of 23 May 2025. A VetBiz search was conducted (P02.1 VetBiz search) and vendors were invited to respond. One large business responded to the Solicitation. A DSBS (Small business) search was done using keyword HillRom. The search yielded no SDVOSBs or VOSBs that were capable of performing the services requested. A Vetbiz search was done using keyword Hill-Rom. The search resulss were one SDVOSB. There were not 2 capable SDVOSBs or VOSBs, rule of two could not be met. As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. A through examination of the acquisition history for the same or similar items was conducted.

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: Baxter/ Hill Rom and

Agiliti Health

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: Market Research was conducted and not actions at this time would be able to overcome any barriers that led to the exemption to fair opportunity. Future requirements will be considered on a case by case basis.

Effective Date: 11/15/24 Page 3 of 3

Acquisition ID#:

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.

Jonathan Liu Date Supervisory Healthcare Engineer Bedford VAMC

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.

David Valenzuela Date Contracting Officer Manchester NH VAMC https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx