S02 Brand Name Justification.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Brand Name Justification >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

NAME BRAND JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C256-22-AP-2225

1. Contracting Activity: Department of Veterans Affairs

Network Contracting Office (NCO) 16 Galleria Financial Center, Ste 750 5075 Westheimer Rd, Houston, TX 77030

PR#: 629-22-2-7024-0247

2. Nature and/or Description of the Action Being Processed: This procurement is conducted under FAR 13.5, Simplified Procedures for Certain Commercial Items. This action will be awarded as a new firm fixed price contract. The Southeast Louisiana Veterans Healthcare System (SLVHCS) has a requirement for the Pyxis automated medication dispensing cabinets that requires operating system upgrades compatible to CareFusion Solutions, LLC., (CFSL) the original equipment manufacturer (OEM) name brand products.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Contractor shall provide all labor, materials, hardware, and tools necessary to complete the Windows 10 upgrade to the existing BD/CareFusion Pyxis equipment and ensure that the system functions at full capacity while in use at the facility. With the large amount of Pyxis machines throughout the hospital, it is essential to maintain current clinical operations and have no lapse in services. In order to maintain current functionality of BD/CareFusion Pyxis system and equipment, the below units will require upgrades to the latest Operating System (Windows 10 or better and Server 2016 or better) and BD/CareFusion Pyxis software.

Product ID Description Model Quantity

327 AUTOMATED MEDICATION

DISPENSING CABINET-PYXIS

ANESTHESIA 4000 17 (ea)

323 AUTOMATED MEDICATION

DISPENSING CABINET-PYXIS

MEDSTATION 4000 51 (ea)

139402-01 Dispensing Freight Fee 139402-01 54 (ea)

354825-01 SMART CUBIE DRAWER HH 24-12-4 2 (ea)

134802-01 Software License 134802-01 1 (ea)

1128-00 Dell 630 XL Rack ESXI V 5.5 HE 1 (ea)

Effective Date: 02/01/2022 Page 2 of 4

134561-01 CCE Enterprise SW Site license (single)

134561-01 1 (ea)

1115-00 Virtual SQL Server SES5-00068 1 (ea)

Due to the nature of the work involved, it is important that equipment from the OEM is used.

If any parts other than the OEM are used, the system will be inoperable and medication management and operations would fail.

The total estimated value of the acquisition:

The estimated delivery dates/periods of performance: 270 Days after award

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)(ii) where a single source is identified to provide a portion of a purchase because that portion of the purchase specifies a particular brand-name item.

Competition is restricted on this procurement for the reason: ( X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. Competition is restricted covering only portion of the acquisition, which is brand-name CFSL products.

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

CFSL is the OEM for the products communicated in section three of this document to maintain current functionality of BD/CareFusion Pyxis system and equipment. It is in the government best interest to use OEM products to ensure that factory designed specifications, tolerances, capacities and efficiencies are met as designed. Utilizing products that are not compatible for the government equipment could cause or contribute to unplanned downtime and expensive repairs to other components down the line, resulting cost that could not be expected to be recovered through unacceptable delays in fulfilling its requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Contracting Officer (CO) conducted Market Research to determine the availability of sources for the proposed requirement. The results of the Market Research illustrated that the OEM, is the only source for the government products required.

No interested vendors responded to sources sought notice 36C25622Q0874 communicating alternative products in order to upgrade the government Pyxis system and equipment.

7. 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 on the basis of a price analysis with the independent government estimate and similar awarded procurements identified by the CO in the Systems Award Management (SAM) and Federal Procurement

Effective Date: 02/01/2022 Page 3 of 4

Data System (FPDS). CO identified similar awarded contracts VA25512J1588 in the amount of $7,739,686.00 and 36C24720F0821 awarded for $2,317,651.90 that can be utilized for price analysis for government products required.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Contracting Officer posted a sources sought notice 36C25622Q0874 on contracting opportunities on May 3, 2022 to May 12, 2022 yielding two responses. One response from the OEM CFSL, a large business. The second response was from Four Points Technology (FPT) an SDVOSB that is a distributor /reseller for the CFSL. Two SDVOSBs are authorized distributors of the OEM and only one (FPT) responded to the market research inquiry. Due to one response, a set-aside could not be justified. The acquisition strategy of unrestricted will allow the other authorized SDVOSB MicroTech (MT) to respond to the solicitation.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Based on the market research conducted, the rule of two do apply to this requirement due to the NMR per sba.gov and 13 C.F.R. § 121.406 guidance.

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

Original Equipment Manufacturer OEM

Address Responded to Sources Sought

Socioeconomics

CareFusion Solutions, LLC.

(CFSL) Point of Contact:

Sarah Schexnayder

3750 Torrey View Court, San Diego, CA 92130

Yes Large Business

Authorized distributor/reseller for CareFusion/BD Pyxis Dispensing products

Contractor Address Responded to Sources Sought

Socioeconomics

Four Points Technology (FPT) 14900 Conference Center Drive, Chantilly, VA 20151

Yes SDVOSB

Microtech (MT) 8330 Boone Blvd

Tyson Corner, VA 22181

Yes SDVOSB

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 Government will continue to conduct Market Research to ascertain

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Digitally signed by TERRY SPITZMILLER Date: 2022.08.15 09:18:56 -05'00'