signed SSJ ARJO 1.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 11 Page 1 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C241-21-AP-2509 Patient Lift Preventative Maintenance and Emergency Services at Manchester VAMC and CBOCs (Tilton VA Clinic, Somersworth VA Clinic, Portsmouth VA Clinic, Conway VA Clinic)

1. Contracting Activity:

Department of Veterans Affairs, VISN1, Manchester Medical Center, Manchester NH. 2237 info - Funding: 608-21-4-4808-0288, Acq Plan 36C241-21-AP-2509, Estimated total contract value is $360,850.00 for a base plus 4 year contract.

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

This procurement is for Patient Lift- Service Contract in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501. This is a new service contract request to include a base year plus four option years and the type of contract will be a firm-fixed price. Services to include the following: Annual Inspection, preventative maintenance, Emergency repair services- labor, and emergency repair services- materials.

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

The Manchester VAMC has a requirement to provide preventative maintenance and inspection services as well to provide emergency repair services for our patient ceiling lifts. This work is to be conducted by a factory authorized vendor. The scope of work is to provide these services for the specific patient lift equipment at the Manchester VAMC. Services to include the following: Annual Inspection, preventative maintenance, Emergency repair services- labor, and emergency repair services- materials.

4. Statutory Authority Permitting Other than Full and Open 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 ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1.

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2.

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3.

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5.

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6.

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7.

OFOC SOP Revision 11 Page 2 of 4

Revision 11 Date: 02/11/2021

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

The Medical Center currently has 78 ARJO patient lifts in use, in various clinical areas throughout the facilities onsite and offsite locations at the CBOCs (Conway, Tilton, Portsmouth, & Somersworth).

These lifts require routine annual inspections and preventative maintenance twice a year in accordance with the manufacturer's standards as well as periodic emergency service to ensure compliance with Medical Center policies and the Joint Commission.

The Medical Center patient lifts are Arjo-brand lifts. Arjo would be considered the original manufacture of the patient lifts. Having the service contract with Arjo is critical as they have the expertise on their own equipment and can quickly assess issues. This is critical to avoid potential patient or employee injuries and to maintain standardization throughout the hospital. Arjo would be able to apply their expertise on the VAMC- Manchester patient lifts. This direct expertise would benefit the Medical Center by eliminating third-party knowledge of another vendor that would not be Arjo and who may have to consult the proper expertise of the qualified manufacture in regard to inspections, repair services, and/or preventative maintenance. This will also cause delays if a third party would have to reach out for expertise or a technician to perform the work. Lastly, having Arjo complete the work will ensure competency of the personnel performing the work. A third-party vendor may have to rely on the manufacture to complete the task which would result in a higher cost in the contract or the vendor not being able to compete the task under the contract or to specification.

Parts and materials will be needed to make repairs and replacement of parts/components. Arjo would have these parts, materials, items readily available to utilize in a repair or replacement service/task. A third-party vendor may cause delay to research and obtain the correct parts, materials, or items. Also, the cost of these items may be increased from obtaining from the original manufacture. As part of the contract request, Facility Service would need a quick and reasonable response time to handle emergency troubleshoot and repairs. Arjo has provided this service and repairs to meet a quick and reasonable response to handle the urgent request of out of service patient lifts.

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

Although market research was done through Vet Biz, SBA, Sam.gov, Arjo is the only vendor who can provide this service. Added to the contract file is Arjo Inc.’s sole source letter explaining that there are no authorized service technicians outside of their company. Arjo is the original manufacture of the patient lifts and these lifts are proprietary in design. All the patient lifts at the Manchester VA Medical Center and CBOC’s are Arjo manufactured. Arjo would be a direct vendor to provide inspections, repair services, and preventative maintenance.

OFOC SOP Revision 11 Page 3 of 4

Revision 11 Date: 02/11/2021

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

Cost of parts, materials, items, and labor will be determined through a quote and fair and reasonable pricing to the Government will be ensured. The estimated total contract value amount is $360,850.00 for a base plus 4 year contract.

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

VetBiz, SBA, SAM.gov; due to proprietary parts and materials, as well as the fact that Arjo is the original manufacture of Manchester VAMC’s patient lifts which are proprietary in design. Only Arjo can provide this service.

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

Proprietary parts and materials, no authorized service technicians outside their company can provide this service. Arjo is the original manufacture of the patient lifts and these lifts are proprietary in design. A sole source letter has been added to the contract file.

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:

As vendor is the manufacturer and solely services their product, the Government cannot overcome barriers to competition.

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.

James Blevins Date:

Maintenance Control Manager VAMC- Manchester

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.

09/03/2021Blevins, James

Digitally signed by Blevins, James Date: 2021.09.03 11:16:44 -04'00'

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Revision 11 Date: 02/11/2021

Craig Harris Date Contracting Officer, Services Team South Manchester VAMC, NCO 1

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.

Victor E. Martin Date Services Team South Supervisory Contracting Officer

Manchester VAMC, NCO 1

Craig R Harris 171082 Digitally signed by Craig R Harris 171082 Date: 2021.09.08 10:20:17 -04'00'

Victor E. Martin 951727 Digitally signed by Victor E. Martin 951727 Date: 2021.09.08 10:27:45 -04'00'