Inactive

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5 Acquisition Plan Action ID: 36C248-21-AP-6392 1. Contracting Activity: Department of Vete... SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5 Acquisition Plan Action ID: 36C248-21-AP-6392 1. Contracting Activity: Department of Veterans Affairs, VISN 08, Veteran Affairs Caribbean Healthcare System (VACHS), 2237 No. 672-22-1-512-0020. 2. Nature and/or Description of the Action Being Processed: To provide preventive maintenance and repair of Hill-Rom Patient Beds at the VA Caribbean Healthcare System (VACHS) at Puerto Rico, in accordance to the Original Equipment Manufacturer’s (OEM) specifications. 3. Description of Supplies/Services Required to Meet the Agency’s Needs: Hospital Equipment Sales & Service, Inc. (HESS) is the only vendor authorized by the original equipment manufacturer to provide this type of service on this equipment in this region. Original Manufacturer Parts (OEM) must be used to replace any defective components if needed at the time of the preventive maintenance in order to maintain the manufacturer specifications in accordance with FDA Class I, II, and III devices intended for human use. 4. Statutory Authority Permitting Restricted 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) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements ( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest 5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority) As previously mentioned, Hospital Equipment Sales & Service (HESS) Inc is the only vendor authorized by the original equipment manufacturer to provide this type of service on this equipment in this region. 6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Queries were conducted in the Veterans Information Pages (VIP), as well as the Small Business Administration (SBA) Dynamic Searcht Tool. But, as confirmed by the OEM of the Hill-Rom Beds that are used at VACHS, HESS is the only authorized vendor that can provide preventive maintenance and repair services to such beds, and allow them to perform as per OEM specifications. Furthermore, if these beds are repaired or maintained by any other vendor, any warranty that is currently in place will be immediately void. 7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated estimated price of this long-term procurement is $727,523.58, for one 12-month Base Period, plus four 12-month Option Periods. This includes the preventive maintenance and repair services of 318 Hill-Rom Beds. The previous contract was also awarded to HESS, as a Sole-Source Contract on 11/14/2016, in the total amount of $650,472.91. However this amount was for 298 Hill-Rom Beds. The new procurement is for 318 Hill-Rom Beds, which explains the difference in the estimate. Further price fair and reasonableness analysis will be conducted after the receipt of the vendor’s quote, and prior to contract award. 8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: After conducting VIP/SBA queries using the NAICS Code and PSC of this procurement (811219, J065), in addition to the keyword “Hill-Rom”, there were no SDVOSB, VOSB, or Small Businesses found that could fulfill these requirements. There was one contract for similar services found in GSA (Contract No. 36C24221P1341). This contract was awarded to Hill-Rom, Inc. as a Sole Source contract, on 08/25/2021, in the total amount of $75,275.10. However, this contract is for preventive maintenance and repair services of Hill-Rom Beds, but for the Bronx VA Medical Center. Additionally, a query was conducted in GSA Advantage using the keywords “Hill-Rom Maintenance”. However all the contracts found here are for the purchasing of Hill-Rom Beds, and not for maintenance. Finally, a call was made to the contractor who was awarded the previous contract for Hill-Rom Beds preventive maintenance and repair at VACHS, HESS, and they provided a letter from the OEM of these beds (Hill-Rom, Inc.), stating that they are the only authorized distributor for sales and service of Hill-Rom Beds in the region of Puerto Rico. 9. Any Other Facts Supporting the Use of Other than Full and Open Competition: N/A 10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: N/A 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: N/A 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. __________________________________ Contract Specialist 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. __________________________________ Contracting Officer 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. __________________________________ San Juan Services Branch Chief