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Page 1 of 4 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION Contracting Activity: Department of Veterans Affairs (VA) Office of Procurement, Acquisition and Logistics (OPAL) Strate... Page 1 of 4 JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION 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 Description of Action Being Approved: The proposed sole source action is to exercise FAR Clause 52.217-8 Option to Extend Services (Nov 1999) under the existing contract VA797-N-14-C-0015, Hospital Beds for In Home Use and Assemblies. This action will exercise a two (2) month extension period IAW FAR clause 52.217-8, Option to Extend Services (Nov 1999). This option period is required to avoid a gap in purchasing these hospital beds and their assemblies for home use, and disruption in servicing our Veterans. This contract was competed and awarded as a single award, Firm-Fixed-Price (FFP) contract. This modification will allow the Government to time solicit, compete, and award a long-term follow-on national contract for hospital beds for home use and assemblies. Description of Supplies including Estimated Values: The Department of Veterans Affairs has a continuous need for these hospital beds and their assemblies for home use. The hospital beds and assemblies consist of the following: Hospital beds having side rails that can be raised or lowered; and a mattress base that have thee jointed sections so that the head, foot, or middle may be raised by a crank or motor, allowing a patient to lie in various positions, as a therapeutic aid for comfort. The foam pressure reduction mattress has multiple layers of foam for maximum pressure reduction that is designed to be placed directly on the existing bed frame. The bed side rails are safety devices used to reduce risk of patients accidentally slipping or rolling off bed. These can be full or half-length and are positioned along the sides of a bed. They are connected to the headboard and the footboard and can be raised and lowered as needed. Trapeze Bar is an item designed for use in the raising and lowering of the body without assistance; may consist of bed mounting screw, chain, and handgrip. Line Item Description Model No. 7a1 Electric Bed w/Full Rails/Half Rails/Split Rails (no mattress) (E0266) GBED-56 7a2 Electric Bed w/Full Rails/Half Rails/Split Rails (no mattress) (E0266) GBED57 7a3 Electric Bed w/Full Rails/Half Rails/Split Rails (no mattress) (E0266 GBED-58 7b Bed only- (no rails or mattress (E0297) G5510 7c Mattress Only (E0272) SPS1080 7d Full Rail (E0310) G29 7e Half Rail (E0305) G30 7f Split Rails Combination of 2 half rails (E0305) G30 7g Trapeze (E0910) G7740CS Award Information for the current Hospital Beds for Home Use and Assemblies: Requirements Contract # VA797N-14-C-0015 Invacare Corporation DBA: Home Care Division 1 Invacare Way Elyria, OH 44035-4190 Phone: 440-329-6860 The two (2) month extension period will have a period of performance of November 23, 2019 through January 22, 2020. The total estimated price of this extension including the accessories and associated services is approximately $2.4M. Orders will be placed directly from the VISNs to the manufacturer. The Contracting Officer will determine Fair and Reasonable pricing for the two (2) month extension period at time of contract modification. Statutory Authority Permitting Other Than Full and Open Competition: The statutory authority permitting other than full and open competition is 41 USC.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. 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 hospital beds specification was 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 for use of hospital bed at home if he/she has sustained a permanent or temporary mobility impairment that would preclude him or her from using a conventional bed for the purposes of pressure relief, respiratory enhancement, and/ or positioning. 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. 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 modification to Invacare Corporation DBA: Home Care Division without regard to any other provisions of law, to include full and open competition. 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 new lower unit prices which were provided on January 9, 2019. In doing so, 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-14-C-0015. Description of the Market Research: The Government conducted extensive market research in preparation of the follow-on contract. The Government publicized the follow-on requirement competitively and was made available at the Government Point of Entry (GPE) https://beta.sam.gov/ in accordance with FAR 5.201. Other Facts: None. A listing of Sources: None. Actions to Remove Barriers to Future Competition: This action is a two (2) month extension period while the Government publicizes and competes the evaluation for a follow-on contract. Certifications: TECHNICAL/REQUIREMENTS PERSONNEL: I certify that the supporting data under my cognizance, which are included and form the basis of this justification, are accurate and complete to the best of my knowledge and belief. Date: 11/21/2019 /S/ Signature: Kimberly-Cowan-Tucker Project Manager 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 fair and reasonable prices paid based on the rationale outlined in section 7 of this justification. Date: 11/19/2019 Signature: Lawrence B. Toperoff /S/ Contracting Officer 13. Approval Based on the foregoing justification, I hereby approve the acquisition of hospital beds for in- home patient use on other than full and open competition basis pursuant to the authority cited in paragraph 4 above. My approval is subject to availability of funds and provided that the commodities herein described have otherwise been authorized for acquisition. Date: 11/20/2019 /S/ Signature: Donald J. Jones Competition Advocate Strategic Acquisition Center

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