Reverse Osmosis Justification sign2.pdf

VHAPM Part 819.7007/7008 Page 1 of 4 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: 36C242-21-AP-1466

1. Contracting Activity: Department of Veterans Affairs, VISN 02, James J. Peters VA Medical

Center 130 West Kingsbridge Road Bronx, NY 10468. Organizational Activity: VA New York Harbor Healthcare System Manhattan and Brooklyn Campuses 423 East 23rd Street, New York, NY 10010 and 800 Poly Place Brooklyn, NY 11209 through 2237#630-21-3-3086-0133 seeks to purchase B. Braun Aqua boss Double stage Reverse Osmosis system on a non-competitive acquisition.

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

The justification and approval is to award as a sole source, firm-fixed price (FFP), open-market contract to Marathon Medical Corporation (122658151), an SDVOSB vendor, for brand name, B. Braun Aqua boss double stage reverse-osmosis water filtration system to be installed at Manhattan and Brooklyn VAMC campuses. The required reverse osmosis treatment system is a system that consists of pre-treatment filters, appropriate at making municipal or public water safe for dialysis machine usage. It also offers fully automated heat disinfection which would allow the disinfection to run daily. Daily heat disinfection of the distribution loop and membrane allow for the lowest risk for bacterial growth. The following specifications for this system are:

Impulse backwashing: prevent de-scaling, no less chemical cleaning of membranes.

Deep space design: Medical grade stainless steel construction, no material leaching.

Complete end to end heat disinfection: Heat disinfection of membranes improve system integrity.

Modularity: onsite upgrade and expansion without replacement over time Double stage system: ultrapure water quality with 100% redundancy for lower water consumption.

Stainless Steel RO device: Reduction of biological growth AquaVision: Reduced effort to reach compliance, easy and fast troubleshooting with reduced downtime risks and saving costs.

No room temperature or hot water storage tank in the RO system.

Fully automated heat disinfection.

Capable of performing heat disinfection of the reverse osmosis system, distribution loop, and attached hemodialysis units.

Bi-directional flow through membrane during backwashing procedure.

VHAPM Part 819.7007/7008 Page 2 of 4

Revision 03 Eff Date: 04/03/2020

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

New York Harbor Healthcare system Manhattan and Brooklyn VAMC’s require this system for complete water filtration through reverse osmosis to assist in the treatment of dialysis patients. The B. Braun double-stage reverse osmosis water filtration system interfaces with department plumbing system, is ISO 11663 certified/compliant and capable of delivering at least 5 gal per minute of RO water, continuously while supplying a total of thirty-six (36) water outlet connections. This is an important requirement because standing water is much more susceptible to bacterial growth compared to flowing water. By eliminating storage tanks, the system will have lower incidence of bacterial growth, leading to better water quality. The reverse osmosis system must contain a dual stage system, so that in the event of a membrane failure, the system can run entirely on one stage. This is what NYHHS intend to purchase:

Item#K-A-PRE-TX-5B-Pre-RO water treatment system Item#LA200421-Hot rinse smart Item#MTWP29FH20-LI-29 KVA Transformer 208-400+Neutral Item#LA1107142-EcoRO DIA II-1400 HT Item#LA2000060-Comb.filter unit 20” Duo, lockable, 1” The total estimated Value:

Period of Performance: ARO 8 Weeks

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):

B. Braun is the only supplier of the Aqua boss double-stage reverse osmosis system that will meet all the requirements. The manufacturer has the only equipment compatible with the existing plumbing as well as the 400 square foot space available. The B. Braun system offers a dual fully automated heat disinfection which eliminates the need for deionized water (D.I.). They have one sole distributor/reseller (Marathon Medical Corporation), an SDVOSB vendor, that sell to VA for them.

Based on criteria, of paragraph 3, 5, and 6 the facility’s requirements will be fulfilled by using B. Braun equipment supplied by distributor/reseller.

VHAPM Part 819.7007/7008 Page 3 of 4

Revision 03 Eff Date: 04/03/2020

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:

Review of all Government search engines were conducted, as well as consulted with vendor on SAC IDIQ (Mar Cor) and Original Equipment manufacturer (B. Braun) to find as many potential sources as possible. This included searching Veterans Information Pages (VIP), Small business dynamics (DSBS), Non-expendable (NX) equipment, ECAT, VANAC, Strategic Acquisition center (SAC) mandatory contracts, GSA E-library and Contract opportunities. An intent to sole source notice was posted on contract opportunities on 5/4/2021. CO received one (1) response from Marathon Medical Corporation. The results of the searches in GSA E-library, NAC, ECAT and SAC mandatory contracts yielded zero (0) potential vendors. Small business dynamics (DSBS) yielded twenty-five (25) potential vendors. A search in VIP using NAICS 333318 and keyword “Reverse osmosis filtration showed a potential of seven (7) potential vendors. A search in NX equipment yielded a similar reverse osmosis system called MAR COR purification, but it will not meet the needs of the agency because the system does not offer three (3) key features needed for the requirement (fully automated heat disinfection, tankless design and bi-directional flow through membrane during the backwashing procedure).

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

The Contracting Officer determined the price fair and reasonable based on comparison of the Independent Government Cost Estimate.

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

IAW FAR Part 10, market research is detailed in Section 6 above. CO also received letter from OEM, that they have only one distributor/reseller that deal with VA for them and that is Marathon Medical Corporation.

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

None

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

Marathon Medical Corporation

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:

In order to remove or overcome barriers to competition in future acquisitions for this requirement, the agency would have to continue to review the marketplace to determine if new products/technology is available for reverse osmosis filtration systems.

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Revision 03 Eff Date: 04/03/2020

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.

Date

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.

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.

Date

Digitally signed by