Redact Atch1_FAR13.5_JA_OVER_SAT GoPhysio - 36C246_22_AP_1225.pdf

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification >SAT‐$7.5M under FAR13.5

36C246‐22‐AP‐1225

PM Part 813.5 SAP for Certain Commercial Items 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: 36C246‐22‐AP‐1225

1. Contracting Activity: Department of Veterans Affairs, VISN 6, Fayetteville VA Medical Center, Network Contracting Office (NCO) 6, 2237: 565‐22‐1‐095‐0005

2. Nature and/or Description of the Action Being Processed: This procurement is for the lease of the GoPhysio Remote Physical Therapy System and software licenses in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items. The lease of the GoPhysio Remote Physical Therapy System and software licenses will be awarded as a new firm -fixed-price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Physical Medicine & Rehabilitation Service at the Fayetteville VAMC is requesting the lease of the GoPhysio Remote Physical Therapy System and software licenses. The GoPhysio therapy system is currently being utilized by the Fayetteville VAMC Physical Medicine & Rehabilitation Service and is essential to meet the Agency’s needs because it provides real time patient guidance during the session, on board qualitative analysis of patient movements by patented algorithms to provide real time corrective feedback to patients, no connections to the patient, no sticky sensors, no wires, or other special equipment is needed, floor and standing exercises are facilitated by patented algorithms, and the body motion tracking therapy program tailored specific configuration algorithms.

Estimated period of performance 02/11/2022 – 02/10/2023 with four additional option years.

Estimate value: $1,750,000.00 Base $384,000 Option year 1 $384,000 Option year 2 $382,000 Option year 3 $300,000 Option year 4 $300,000

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

36C246‐22‐AP‐1225

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

( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): 4D Health Science, LLC (Small business) is the original equipment manufacturer (OEM), sole patent holder, and sole source provider of the GoPhysio Remote Physical Therapy System. No other vendors are authorized to distribute nor perform service maintenance on the GoPhysio Remote Physical Therapy System.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A Sources Sought Notice was not sent nor posted. Intent to Sole Source RFQ 36C24622Q0207 notice was posted on December 20, 2021 with the closing date of December 23, 2021 on Contract Opportunities. The Contracting Officer received zero (0) responses from interested and capable vendors.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will determine that the prices will be fair and reasonable based on a comparison with similar items in a related industry. Prior to award price analysis of the proposed contract price will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

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

a. A search was conducted in the Vendor Information Pages (VIP) for SDVOSBs and VOSBs registered under NAICS Code 339112 showed 384 SDVOSBs and 54 VOSBs. The Contracting Officer conducted a second search using NAICS code 339112 and utilizing keywords “body motion tracking” and the results showed 6 SDVOSBs and 2 VOSBs. However, none of these vendors were contacted. 4D Health Science, LLC (Small business) is the original equipment manufacturer (OEM) and sole source provider of the GoPhysio Remote Physical Therapy System.

b. A search conducted in the National Acquisition Center (NAC), Strategic Acquisition Center (SAC), and GSA Advantage populated zero (0) results.

c. A search was conducted in the Federal Procurement Data System – Next Generation (FPDS‐ NG) utilizing keywords “body motion tracking” and the zero (0) results populated. A second search was conducted utilizing keywords “gophysio” and two (2) results populated. Awardee 4D Health Science, LLC (Small Business).

d. Email correspondence with 4D Health Science, LLC. (OEM) querying for a list of authorized business distributors for the GoPhysio Remote Physical Therapy System. 4D Health Science, LLC is the original equipment manufacturer (OEM), sole patent holder, and sole source provider of the GoPhysio Remote Physical Therapy System.

36C246‐22‐AP‐1225

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

e. In a query of the SBA Dynamic Small Business Search, 4D Health Science, LLC was listed as a verified small business.

f. In a review of the System for Award Management (SAM) website, 4D Health Science, LLC (DUNS No. 081309308) is listed as a small business under this requirement’s NAICS Code 339112 (Surgical and Medical Instrument Manufacturing) with Size Standard of 1000 employees.

g. During the period market research was being conducted, NCO 6 CO reaches out directly to the 4D Health Science, LLC Contractual/Financial POC to further determine their responsibility and capability to provide GoPhysio supplies and services to the Fayetteville VAMC Physical Medicine & Rehabilitation Service. Below are the findings:

i. Per the information provided 4D Health Science, LLC the Contracting Officer determined that 4D Health Science, LLC is the original equipment manufacturer (OEM), sole patent holder, and sole source provider of the GoPhysio Remote Physical Therapy System.

ii. Furthermore, 4D Health Science, LLC will deliver only domestic end products in compliance with the Buy American Act FAR 52.225‐1(d).

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None pursuant to 41 U.S.C. § 1901 and is implemented by FAR 13.106‐1(b)(2) for restricting competition on this procurement.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None.

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: NCO 6 will continue to conduct market research to ascertain if there are changes in the marketplace that would enable competition for future actions.

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. Antonio C. Martinez

406734 Digitally signed by Antonio C.

Martinez 406734 Date: 2021.12.29 14:27:30 -05'00'

Antonio Martinez Date Budget Analyst Fayetteville VAMC

36C246‐22‐AP‐1225

PM Part 813.5 SAP for Certain Commercial Items Original Date: 08/30/17 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.

Cherisse A. Hall 613334

Digitally signed by Cherisse A.

Hall 613334 Date: 2022.01.04 10:34:03 -05'00'

Cherisse Hall, Contracting Officer Date Branch Chief 1, NCO 6

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.

KEESHIA R

NEWMAN

254911

Digitally signed by KEESHIA

R NEWMAN 254911

Date: 2022.02.04 16:16:58 -05'00'

Keeshia Newman Date Division Chief 1, NCO 6

c. Director of Contracting: I certify the justification meets requirements for other than full and open competition.

Irma Ferro Date Director of Contracting, NCO 6

d. 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.

Jospeh P. Maletta Date Executive Director, RPO‐East VHA Head of Contracting Activity (HCA)

Cherisse A. Hall 613334