Inactive

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT Acquisition Plan Number 36C242-20-AP-2212 VHAPM Part 808.405-6 Limiting Sources Page 1 of 4 Or... VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT Acquisition Plan Number 36C242-20-AP-2212 VHAPM Part 808.405-6 Limiting Sources Page 1 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020 LIMITED SOURCES JUSTIFICATION ORDER >SAT FAR PART 8.405-6 Acquisition Plan Action ID: 36C242-20-AP-2212 (1) Contracting Activity: Department of Veterans Affairs, VISN 02 James J. Peters VA Medical Center 130 W. Kingsbridge Road Bronx, NY 10468 (2) Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). The Bronx VA Medical Center has an Emergency COVID19 (FAR 18) request for twenty-three (23) Draeger V500 Air Compressors units and Ventilator upgrades to help combat the current COVID19 Pandemic and expected rise in patient cases come fall of 2020. In order to maintain uniformity of machines and continuity of patient care a onetime purchase with Draeger Inc. is being requested. Order against: FSS Contract Number: 36F79718D0369 Name of Proposed Contractor: Draeger, Inc. Street Address: 3135 Quarry Road City, State, Zip: Telford, PA 18969-1042 Phone: 1-860-336-6905 (3) Description of Supplies or Services: The estimated value of the proposed action is $1,540,317.64 The expected period of performance is as follows: Delivery will begin prior to August 1st, 2021. Complete delivery, installation and integration will be prior to August 1st, 2021. Currently we are experiencing a global Pandemic of the COVID-19 (Corona Virus). This crisis has caused unexpected increase in patient population were hospitals are experiencing shortages on medical supplies and equipment. On March 13th, 2020 the COVID-19 became a National Interest Action and activated the use of FAR 18 Emergency Acquisitions. This allows medical centers to expedite purchases and rental of critical medical equipment to treat patients. This request is for other than full and open competition to purchase twenty-three (23) V500 ventilators from Draeger Inc. These ventilators are essential emergency medical devices that help combat the COVID-19 Pandemic for current and future patients. The Bronx VA Medical Center needs to replace their inventory of forty-five, PB980s as five have mysteriously malfunctioned while ventilating a patient without warning. The company which they were purchased from, Covidien, is doing an investigation as to why they malfunctioned. With the COVID crisis still at hand and an expected surge by fall, the Bronx needs to replace their broken inventory as soon as possible. The only company that could provide us with complete ventilators including compressors by July is Draeger. The vent upgrades were requested to match up with the features of our current inventory and extras (such as aeroneb nebulizers, high flow nasal cannula, noninvasive ventilation and capnography) to better take care of our COVID positive and negative patients and potentially reduce exposure to our staff. In order to maintain uniformity and continuity it is essential to keep all ventilators in the same inventory the same make, model and brand. This will also ensure that health care employees who are not employed at the Bronx VA Medical Center, are all working with the same machine to keep teaching time down to a minimum. (4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor s unique qualifications to provide the required supply or service. FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays: FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures. FAR 8.405-6(b): Items peculiar to one manufacturer: A patent, copyright or proprietary data limits competition. The proprietary data is: These are direct replacements parts/components for existing equipment. The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. The V500 Ventilators requested in this procurement action are an addition to the existing inventory of ventilators already located in the Bronx VA Medical Center. In the interest in continuity of care and standardization across the facility, which limits the number of contractors who would come to the facility to service the machines, procuring the same brand and model of machines already in use throughout the facility constitutes the best value and sound business decision. (5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: These ventilators are available from the recommended vendor on their GSA FSS contract schedule. The prices that are offered are consistent with the VA FSS pricing. Since these prices are reflecting their FSS schedule, it has already been determined that the prices are fair and reasonable to the government. Furthermore, the CO will request additional discounts from the vendor. (6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted. Given the urgency of this procurement and the fact that Draeger ventilators are available on the NCRT list, minimal market research was conducted. There are 500 Draeger ventilators that were already purchased using the NCRT tool. However, only 47 of those ventilators went to the Bronx VAMC. The facility is looking to have a total of 70. They are requesting 23 more to complete their fleet. Therefore, it is imperative to have the same brand of ventilators in their entire fleet. Draeger Inc, is offering these 23 ventilators off their FSS schedule and can have them delivered by July 2020. Email and phone communication were the only formed used at this time. (7) Any Other Facts Supporting the Justification: The use of GSA provides the best value to procure these critical ventilators that are needed to combat the COVID-19 crisis and provide the best possible care to our Veterans. (8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made: In order to remove or overcome barriers to compete in future acquisitions for this requirement, the agency would have to replace the entire fleet of ventilators and establish a new maintenance agreement for services and parts for the equipment. The time and cost to replace all equipment and the down time associated with training all staff would not be cost effective. Therefore, no other source can provide the components required to meet the Government s needs. (9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor s supervisor, fund control point official, chief of service or someone with responsibility and accountability.) SIGNATURE Antonio Cunha Chief Supply Chain Officer Bronx VA Medical Center (10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: a. Contracting Officer s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. SIGNATURE Kendall Jones, Contracting Officer Syracuse VA Medical Center, NCO2 b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition. SIGNATURE Christopher Ward NCO2, Supply Branch Chief HIGHER LEVEL APPROVAL (Required for orders over $700,000): c. VHA RPO HCA Review and Approval (over $700,000 to $68 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for restricting consideration of the Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. SIGNATURE Joseph P. Maletta Executive Director, RPO East Head of Contracting Activity