Justification for Other Than Full and Open Competition Patient Lifts

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DEPARTMENT OF VETERANS AFFAIRS



Justification and Approval (J&A)

For

Other Than Full and Open Competition (>$150K)





Acquisition Plan Action ID: VA248-17-AP-12081



Contracting Activity: Department of Veterans Affairs, NCO 08, VA Medical Center West Palm Beach, Purchase Request Number 548-17-4-440-0122



Nature and/or Description of the Action Being Approved: Network Contracting Organization 8 (NCO-8) anticipates the sole source award of a firm fixed price contract for the purchase and installation of patient lifts at the VA Medical Center West Palm Beach, Florida



Description of Supplies/Services Required to Meet the Agency s Needs: Contractor shall provide and install patient lifts at the VA Medical Center West Palm Beach. The independent government estimate for this acquisition is $161,945.97 the required period of performance is 90 days.



Statutory Authority Permitting Other than Full and Open Competition:



( ) (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

(X) (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;



Demonstration that the Proposed Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above:



(a)  A contracting officer may award a contract to a verified SDVOSB concern using procedures other than competitive procedures provided

The anticipated award price of the contract to a verified SDVOSB concern (including options) will not exceed $5 million;

The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.301(d);

The SDVOSB concern has been determined to be a responsible source with respect to performance; and

In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers the best value to the Government.



(b)  The contracting officer s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer.  To ensure that opportunities are available to the broadest number of verified SDVOSBs, this authority is to be used judiciously and only when in the best interest of the Government.

(c) A determination that only one SDVOSB can meet the requirement is not required.  However, in accordance with FAR 6.302-5(c)(2)(ii), contracts award using this authority shall be supported by a written justification and approval described in FAR 6.303 and 6.304 as applicable

(d) When conducting a SDVOSB sole source acquisition, the contracting officer shall ensure the business meets eligibility requirements 819.7003.

(e) A procurement requirement estimated to exceed the legislative threshold of $5 million shall not be split or subdivided to permit the use of this SDVOSB sole source authority.



Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: While there are other contractors in Vetbiz.gov, a determination that only one SDVOSB concern available to meet the requirement is not required per the authority cited in VAAR Part 819.7007(b), the contracting officer s determination whether to make a sole-source award is a business decision wholly within the discretion of the contracting officer. A determination that only one SDVOSB concern is available to meet the requirement is not required.



Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The contracting officer s anticipates an agreement between the Government and Fedco, LLC will result in a fair and reasonable price compared to FSS pricing.



Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The VIP database was queried in accordance with VAAR 810.001, Market research policy. Fedco, LLC is listed in the CVE database as a Service Disabled Veteran Owned Small Business.



Any Other Facts Supporting the Use of Other than Full and Open Competition: Under the authority granted by Public Law 109-461, the VA is authorized to set-aside contracts and/or award sole source awards to SDVOSB and VOSB firms.



Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Not Applicable. IAW VAAR 819.7007(b) the contracting officer s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. A determination that only one SDVOSB concern is available to meet the requirement is not required.



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: There are no barriers to competition we are using the authority granted by VAAR 819-7007 sole source awards to service disabled veteran owned small business concerns as the tool to repair and fix facilities and to contribute to VA Small Business Goals.



Contracting Officer Certification: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.









__09/20/2017_____________________ Date