RFQ Defrib JA_.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 10 Page 1 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C257-21-AP-0322_ JOFOC Log Number: 2020-11-25T07:32:42

1. Contracting Activity:

Department of Veterans Affairs, VISN 17, 671 Nursing Services, Audie L. Murphy Memorial Hospital:

7400 Merton Minter Blvd. San Antonio Texas 78284. Purchase Request # 671-21-1-039-0005.

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

The award should be a firm-fixed priced open market contract, 100% set-aside to Service Disabled Owned Small Business ( SDVOSBs). The contract will require 45 days after receipt of order ( ARO). Two SDVOSBs are authorized distributors of a sole manufacturer Zoll Medical Corporation equipment; they would be providing the items open market. The SDVOSB vendors names are After Action Medical and Dental Supply, LLC, and Manus Medical, LLC. This is a brand name only procurement.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for Brand Name Zoll Medical , in accordance with FAR 13.5 Simplified Procedures for Certain Commercial tems and specifically FAR 13.501 Special Documentation Requirements, where Acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

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

Ten Zoll R Series ® Plus are required to cover the Nursing Service (NS). This brand name item is required to ensure continuity of care; Zoll is the brand throughout the facility,which ensures staff are proficiently trained on this life saving equipment. It also ensures patient care is not delayed due to training on new equipment that would demand time and require additional funding.

4. Statutory Authority Permitting Other than Full and Open Competition:

(X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

OFOC SOP Revision 10 Page 1 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

Zoll Medical Corporation is the original equipment manufacturer of the Zoll R Series ® Plus Defibrillators are the existing defibrillators utilized by the Nursing Services. Noteworthy features of the Zoll R Series ® Plus. Defibrillators included measuring chest compressions that are being performed in real time, filtering artifact fromEKG rhythms during CPR and defibrillation, monitoring blood pressures, measuring how well patients are being ventilated and indirectly measuring metabolism and circulation. This request is to purchase ten (10) Zoll defibrillators which will be a sole source purchase in order to maintain standardization of equipment throughout the facility. No other vendor has the capability of providing this brand name item, which is solely manufactured by Zoll. Additionally, both the clinical and Biomedical Engineering staff are currently trained to support the Zoll series defibrillators. Nursing services personnel are trained and certified with the current system and are requesting this manufacturer’s brand, consistent with their current standard. A new vendor would increase annual operational cost to conduct extensive initial training and ongoing competency of products as well as maintaining stock of duplicate inventory of service parts for different vendors. The procurement o fany other product will add an unnecessary cost to the government.

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

It is the determination that proving full and open competition for the defibrillators is in the best interest of the Government, since two SDVOSBs can meet the requirement. As stated previously, the facility is already using Zoll defibrillators with established training and maintenance procedures. If another brand is selected it would require the removal of the existing equipment, accessories and data. The removal of the existing system, paired with the of a different brand would result in significant additional cost to the Government. This will also impact Veteran care, which is a negative impact to the Government. Continuing care with Zoll Medical will meet the requirement and limit the risk of impacting patient care and increasing cost.

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

This acquisition will be set-aside 100% to SDVOSB who are authorized distributors of Zoll Medical Corporation. The Contracting Officer has a reasonable expectation that two SDVOSBs will submit offers and that the award can be made at a fair and reasonable price that offers the best value to the Government. Price reasonableness will be determined IAW 13.106-3 (a)(1) and FAR 13.106- 3(a)(2)(v).

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

Pursuant to FAR Part 10, market research was conducted for this requirement. The CO the Vendor Information Pages (VIP) database under NAICSS code 339112 to determine if two or more servicedisabled veteran-owned businesses (SDVOSBs) or veteran-owned small businesses (VOSBs), are listed as verified in the VIP database; results garnered 302 vendors. IAW, VAAR 810.002 a record of the VIP query is the eCMS briefcase. Market research determined that two SDVOSBs are authorized distributors for Zoll. This acquisition will be set-aside SDVOSB, open market.

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

OFOC SOP Revision 10 Page 1 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

The brand name Zoll Medical Corporation is the only brand described above that can meet the Nursng Service requirement, and without additional cost or prolonged Veteran care.

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

The SDVOSB vendors names are After Action Medical and Dental Supply, LLC, and Manus Medical, LLC.

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: N/A

OFOC SOP Revision 10 Page 1 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

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.

Roslyn F. Snyder Date Administrative Officer

Nursing Service

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: This part if filled out by Contracting Staff as part of the Justification

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.

Bobby Thornton Date Contracting Officer, Supply I

Network Contracting Office 17

b. One Level Above the Contracting Officer (Required over$150K but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

James C. Easley Date

Branch Chief, Supply I Network Contracting Office 17

Roslyn F. Snyder 231972 Digitally signed by Roslyn F. Snyder 231972 Date: 2020.12.01 10:04:10 -06'00'

James C. Easley 1351784 Digitally signed by James C. Easley 1351784 Date: 2020.12.02 07:13:38 -06'00'

BOBBY

THORNTON

222524

Digitally signed by

BOBBY THORNTON

222524 Date: 2020.12.02 07:38:21 -06'00'