P03_ SSJ Fully_Redacted.pdf

Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

36C241 25 AP 0333

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 4 Revision: 03 Effective Date: 06/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C241 25 AP 0333

1. Contracting Activity: Network Contracting Office 1, Regional Procurement Office East on behalf of the Department of Veterans Affairs, VISN 1, West Roxbury VA Medical Center ,1400 VFW Parkway West Roxbury, MA 02132 4927. Funding 523 25 1 7902 0001.

2. Nature and/or Description of the Action Being Approved: This is a new, sole source requirement.

This new requirement will be a follow on to existing contract 36C24122P0021. West Roxbury VA Medical Center is requesting to establish a firm fixed 3 year options contract with SDVOSB AvMedical, UEI: KHVGX8MWAZJ7, 4037 Rural Plains Circle Ste. 160, Franklin, TN, 37064 has to provide (250) Philips MCOT device monitoring services and (300) Philips ePatch Holter device monitoring services.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: West Roxbury VA Medical Center’s EKG Department is looking to continue their Mobile Cardiac Outpatient Telemetry which are currently being performed under contract 36C24122P0021. Mobile Cardiac Telemetry (MCT) is a continuous cardiac monitoring test that uses the mobile device to monitor cardiac activity. MCT provides near real time data, the ability to analyze the patient’s heart rhythm, and overview monitoring by certified technicians 24/7 in order to alert a patient’s care team of critical events as they are observed. MCT can record ECG data for up to 30 days of monitoring with data being transmitted to an online portal. The MCOT a small lightweight patch, water resistant so patients can shower and exercise. No battery changes or daily charging required. Bluetooth enabled data transfer from sensor. Convenience of wireless transmission, multi language capability, built in patient dairy, set up video on the monitor and 30 days of storage. The ePatch continuously records and stores heartbeats that are analyzed by certified cardiac technicians at Philips. The ePatch has no electrodes, no lead wires, and no telephone to wear as with "real time" MCOT. Once the ePatch is applied patient does not remove patch until end of monitoring period usually 24/48 hrs. An USB port will have to be installed on one of the computers in the EKG Lab for the 24/48 hrs. ePatch to upload the patient's report. Estimated Total Value

Period of Performance: One Base Year plus (2) Option Years.

Base Year: 10/21/2024 – 10/20/2025 at Option Year 1: 10/21/2025 – 10/20/2026 at Option Year 2: 10/21/2026 – 10/20/2027 at

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 819.7008 (DEVIATION) or VAAR

819.7009 (DEVIATION) up to $5,000,000. Check the specific VAAR clause used below:

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 4 Revision: 03 Effective Date: 06/15/2024

(X) 819.7008 Sole source awards to a certified service disabled veteran owned small business; or () 819.7009 Sole source awards to a certified 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): VAAR 819.7008 allows sole source awards to SDVOSB based on 38 U.S.C. 8127(c) and the SDVOSB concern has been determined to be a responsible source with respect to performance. During Market Research, all results lead to OEM LB Philips sole authorized distributor for these MCOT services being SDVOSB AvMedical. This is the sole authorized distributor for these MCOT and ePatch monitoring services.

These services are currently in use by Boston’s VA Healthcare System’s EKG Department under contract number 36C24122P0021, and it would cause a disruption in current service and costly to purchase completely new equipment and have the EKG staff re trained on new software/equipment that is not Philips for heart monitoring. It would also be cost effective to continue these services with the same company.

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 FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

On October 16, 2024, at 12:45pm, I contacted LB OEM Philips National Federal Account Manager of ECG Solutions Matt Morris via email to inquire if they have any Service Disabled Veteran Owned Business (SDVphOSB), Veteran Owned Small Business (VOSB) or Small Business (SB) that qualify as authorized distributors of their cardiology services. Mr. Morris informed me that SDVOSB AvMedical, LLC are the sole authorized distributors of their services associated with Philips ECG Solutions and can assure an uninterrupted source of supply, with sufficient quantities of products.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: This requirement was compared to current contract 36C24122P0021 for these exact services for Boston’s VA Healthcare System ending on 10/20/2024 to Large Business Philips. The pricing for this new contract will remain the same for services at per device for Telemetry Monitoring and per device for Holter Monitoring. The price of these services has not increased nor decreased in the past 36 months.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The customer failed to locate other responsible sources that may be able to offer a similar product that will meet the service requirements as this device and these services are currently in use by Boston’s VA Healthcare System’s EKG Department, and it would cause a disruption in current service and costly to purchase completely new equipment and have the EKG staff re trained on new software/equipment that is not Philips. However, the Contracting Activity queried Government wide database of contracts and other Government and commercial databases that provide information relevant to agency acquisitions such as VetCert, GSA e Library, SBA DSBS, and FPDS. The first inquiry was on VetCert using NAICS 621999 which returned 574 total results, none of which can continue these services which are already in use at West Roxbury VA Medical Center. SBA DSBS search using NAICS 621999 along with keyword “Biotelemetry” yielded 0 results. GSA e Library search under keyword “Biotelemetry” produced 0 results as well. Last search was on FPDS using keyword “Biotelemetry” under the Department of Veteran Affairs yielded 4 contract actions, all of which are for the services currently in use under

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 4 Revision: 03 Effective Date: 06/15/2024 contract 36C24122P0021 ending on 10/20/2024. AvMedical recently partnered with Philips Cardinal for the mobile cardiac telemetry products and is Philips sole authorized distributor for these services. Philips Cardinal is solely partnered with AvMedical for their mobile cardiac telemetry products.

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

819.7008 allows sole source awards to SDVOSB based on 38 U.S.C. 8127(c) and the SDVOSB concern has been determined to be a responsible source with respect to performance. Philips USA announced that it has completed the acquisition of BioTelemetry, Inc., a leading U.S. based provider of remote cardiac diagnostics and monitoring on February 9, 2021. Cardionet and BioTel Heart are subsidiaries of BioTelemetry Inc. who is now Philips. All these companies are under Philips umbrella and now Philips recently partnered with SDVOSB AvMedical as their sole distributor.

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

KHVGX8MWAZJ7, 4037 Rural Plains Circle Ste. 160, Franklin, TN, 37064 has expressed interest in this acquisition on Wed October 9, 2024, at 12:01 PM via email after Philips National Federal Account Manager Matt Morris referred them to Contracting.

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: The EKG Staff at Boston’s VA Healthcare System will continue to research new and innovative technology that may provide better outcomes and consider that equipment for future procurements. By searching for different technology in the future this may allow competition for future acquisitions of the services being acquired.

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.

Maria R. Silva Date Medical Instrument Tech Supervisor VA Boston Healthcare System

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.

Gail Grundy Date Contracting Officer

NCO 1/ RPO EAST

MARIA SILVA

Digitally signed by MARIA SILVA Date: 2024.10.17 08:11:44 -04'00'

GAIL

GRUNDY

Digitally signed by

GAIL GRUNDY

Date: 2024.10.17 08:48:29 -04'00'

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 4 of 4 Revision: 03 Effective Date: 06/15/2024

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Cory Dionne Date Branch Chief

NCO 1/ RPO EAST

CORY DIONNE Digitally signed by CORY DIONNE Date: 2024.10.17 09:15:50 -04'00'