VA797N16C0002 Invacare J_A EXTENSION (Signed).pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of Veterans Affairs (VA)

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center 10300 Spotsylvania Ave, Suite 400 Fredericksburg, VA 22408

2. Description of Action: The issuance of a modification to contract VA797N-16-C- 0002 for Electric Lift and Associated Slings with Invacare Corporation, Home Care Division, 1 Invacare Way, Elyria, OH 44035, is to exercise Federal Acquisition Regulation (FAR) Clause 52.217-8, Option to Extend Services. This modification will exercise a 2-month extension period IAW This option period is required to avoid a gap in purchasing Electric Patient Lifts and accessories for home use, and disruption of services to the Veterans. This contract was awarded under a competitive effort as a single award, Firm Fixed Price (FFP) contract. This modification will allow for time to complete the on-going acquisition process of a follow-on long-term national contract

3. Description of Supplies or Services including Estimated Values:

Electric Lift Slings Split Leg w/Head Support Sling Bath/Showering Single Piece w/cutout Sling Full Body single piece, rectangular with Head Support

The Estimated value for this two-month extension is $640,349.00 ($3,842,097.25/12 months = $320,174.78 per month; $320,174.78 x 2 months = $640,349.54)

Patient lifts and Slings are issued by Safe Patient Handling and/or Physical Therapist to the Veterans that require home health care and or assistive devices. These devices will aid the Veterans care giver by assisting them in transferring the Veteran between a bed, chair, personal hygiene areas or other similar places with mechanical input from the device and less physical output required of them. The use of these devices will not only provide a physical advantage to the care giver, it will also provide a psychological and therapeutic bolster to the Veteran by granting them increased mobility throughout their home, and if possible, interaction with the outside world.

The current period of performance will expire on March 14, 2021. The requested extension will be from March 15, 2021 through May 14, 2021. The estimated value for this two (2) month extension is $640,349.54. This total was calculated based on averaging the total amount that has been spent for fiscal year 20, dividing that total by 12 to establish the average per month or ($3,842,097.25/12 = $320,174.77 per month) then calculating the cost for two (2) months or a total of $640,349.54.

VA797N-16-C-0002

Orders will be placed directly from the VISNs to the manufactures. The Contracting Officer will determine fair and reasonable pricing for the two (2) month extension period at the time of the contract modification.

4. Statutory Authority: The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Rationale Supporting Use of Authority Cited Above: In accordance with 38 U.S.C. § 8123, “the Secretary may procure prosthetic appliances and necessary services required in the fitting, supplying, and training and use of prosthetic appliances by purchase, manufacture, contract, or in such other manner as the Secretary may determine to be proper, without regard to any other provision of law.”

The Hydraulic Patient Lifts specification were developed by a team of VA subject matter experts, including technical prosthetics, and sensory aid specialists, as well as representatives for patient safety and from veteran service organizations.

In addition, the prescribing clinician will provide the necessary clinical evidence to support medical need for specialized equipment for the Veteran who is eligible, referred, and approved by VACO in use of Hydraulic Patient Lifts if he/she has sustained a permanent or temporary mobility impairment that would preclude him or her from accessing a conventional bed or being able for movement around the Veteran’s home. The patient’s condition requires positioning of the body to alleviate pain, promote good body alignment, prevent contractures, avoid pressure ulcers and/or enhance respiratory function or requires special attachments that cannot be fixed and used on the standard bed.

Diagnosis include but are not limited to the following: severe arthritis and other injuries to lower extremities, multiple limb amputee and stroke patients, severe cardiac conditions, other severely debilitating diseases or conditions, and patients eligible for spinal cord disorders care. The hospital bed must be delivered to the veteran’s home and it should be properly and safely installed and the veteran and caregiver are provided instructions and training on how to use the equipment properly.

Invacare Inc is currently providing Veterans Affairs with Electric Lifts and Sling for in Home Use via contract VA797N-16-C-0002. The contracts period of performance will expire on January 14, 2021. This Sole Source Justification to extend the period of performance for an additional two (2) months is to allow the contracting office to solicit, evaluate and award the follow-on contract for Hydraulic and or Electronic Patient Lifts and Slings for in Home Use.

It is anticipated that a Request for Proposal will be issued within the next 30 days.

This extension of the current contract will ensure that VA Hospitals and clinics can continue to order Patient Lifts and Slings for those Veterans that have a need for the item.

6. Efforts Made to Solicit Offers from as many potential sources as practical:

Utilizing the authority in 38 § U.S.C. 8123, it is appropriate to award this acquisition to Invacare Corporation without regard to any other provisions of law, to include full and open competition.

The Government’s intent is to publicize the follow-on requirement as a small business set aside and will be made available at the Government Point of Entry (GPE) betasam.gov in accordance with FAR 5.201.

7. Determination of Fair and Reasonable Cost: Price reasonableness will be conducted in accordance with 41 U.S.C. 3501 and FAR 15.403-1(c)(3)(ii)(B), “Commercial Items”, which states that in order to make this determination, the contracting officer may request the offeror to submit prices paid for the same or similar commercial items under comparable terms and conditions by both Government and commercial customers. Invacare complied with the Government’s request for the pricing to remain unchanged. The Government Contracting Officer determine the proposed prices fair and reasonable in accordance with FAR 15.404-1(b)(2)(ii)(B) Price Analysis Techniques for contract VA797N-16-C-0002.

8. Description of Market Research: Veterans Affairs issued a combined Industry Day/Market Research posting on January 23, 2020 under Notice ID 36C10G20Q0024. The posting was targeted as a two-point notice. The first portion of the notice was;

To the manufactures of Hydraulic and Electrical Patient Lifts and Slings and their interest in attending an Industry Day demonstration of their products to be held in April or May 2020. From the posting there were five

(5) manufactures that responded to the Industry Day Request. Two of the respondents identified as a large business and two of the respondents identified as a small business. One business chose not to provide the information.

The second part of the notice was a separate attachment title (Market

Research). The document stated that it was gathering information resellers of Hydraulic and Electronic Patient Lifts and Slings in the Commercial Market. The attachment requested the following information to be provided;

Point of Contact (POC), Social-Economic Status, Business Size for North American Industry Classification System (NAICS) code 423450 Medical, Dental and Hospital Equipment and Supplies Merchant Wholesales and, their product offerings.

The response from industry was one large business and four small businesses provided the requested information. This initial market research does clearly indicate that when the technical requirements are completed and ready for the solicitation phase, that the solicitation should be posted as a small business set aside.

9. Other Facts: This contracting office and Veterans Health Administration (VHA) started the process to compete a new Hydraulic and Electronic Patient Lifts and Sling for in Home Use contract back in December 2019. As the Minimum Technical Requirements (MTRs) for the products had been completed in 2012, the program office had requested that the contracting office put together an Industry Day to assist the Subject Matter Experts (SME) in determining if the MTRs were still relevant or if there was new and innovative technology that would require a revamping of the MTRs.

On January 21, 2020 an Industry Day Notice was issued advising Manufactures of an Industry Day event to take Place for the Hydraulic and Electronic Patient Lifts and Slings for in Home Use, tentatively scheduled for April 13, 2020 or May 11, 2020.

The notice closed February 6, 2020. The notice advised interested parties that the Industry Day was only for the Manufactures of Hydraulic and Electronic Patient Lifts and Slings. The notice also asked resellers of Patient Lifts and Slings to provide their contact information to the Contract Specialist (CS), to include the products that they offered and their business size to help to facilitate the market research process.

While in the process of confirming the location for the Industry Day, Novel Coronavirus (COVID19) became a global pandemic, thereby curtailing this office’s ability to go forth to complete the Industry Day. As of November 2020, most Government facilities are still not fully open to allow for in person group meetings, therefore the program office has teamed with Veterans Affairs Small Business Administrative office, to conduct a virtual industry day for these products which will take place December 14 -17, 2020.

Upon completion of the Industry Day, the SME’s will review the current MTR’s to ascertain if the current technical requirements are sufficient or if the information that has been gathered during the virtual industry day should be incorporated into the specifications.

10. A listing of Sources: None.

11. Actions to Remove Barriers to Future Competition: This action is a two (2) month option period while the Government publicizes and competes the follow-on contract via beta.sam.gov.

12. Certifications:

a. TECHNICAL/REQUIREMENTS PERSONNEL:

I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Signature: ______________________ Rodney Hickson Deputy Program Manager

b. Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief. Furthermore, I determine that the anticipated price to the Government for this action will result in a fair and reasonable price based on the rationale outlined in section 7 of this justification.

Signature:_______________________

Zachary Wilcox Contracting Officer

Rodney B Hickson 588545

Digitally signed by Rodney B Hickson 588545 Date: 2021.02.24 06:23:46 -05'00'

Zachary W.

Wilcox 519033

Digitally signed by Zachary W. Wilcox 519033 Date: 2021.02.24 07:31:14 -05'00'