DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Other Than Full and Open Competition 1. Contracting Organization: Department of Veterans Affairs, VISN 20, VA Puget Sound Health Care System (VAPSHCS). 2. Description of Action: Documentation of Limited Sources found under FSS BPA 3. Description of Supplies or Services: The requested equipment, including hardware , accessories and accompanying software, creates a complete acute care adult volume ventilator with expanded capacity, necessary to meet the requirements of intensive care needs to support the veteran population in a tertiary care facility. Cost of this procurement will be $294,881.49 4. Statutory Authority: ( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements; ( ) (2) Unusual and Compelling Urgency; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability, or Expert Services; ( ) (4) International Agreement ( X ) (5) Authorized or Required by Statute; ( ) (6) National Security; or ( ) (7) Public Interest 5. Validity of Use of Statutory Authority: P.L. 109-461 amends 38 U.S.C. allowing the VA the unique ability to sole source directly to SDVOSB. Video Telecommunication Inc., a Service Disabled Veteran Owned Small Business, that has the ability provide the required supplies and services to VA Puget Sound Healthcare System. 6. Actions to Promote Competition: This requirement was previously available on the Federal Supply Schedule under a limited sources basis. However, the only contractor that could provide the unique system was determined non-responsive. No further actions are taken at this time to seek sources outside of statutory requirements. 7. Determination of Fair and Reasonable Price: It is the Contracting Specialists determination that this acquisition represents the best value in accordance with FAR 13.106-3: Comparison of the proposed price with prices found reasonable on previous purchases. These exact items were determined fair and reasonable in accordance with FAR 8.404(d). Furthermore, the vendor provided an additional discount of $4,650.84 to meet the Government's budget. 8. Market Survey (FAR 7.102): The requested equipment is identical to and expands upon the current equipment already in use at this facility. It will replace older generation ventilation devices with same make and is consistent with the current support tools and Standard Operating Procedures in use in this department. Other manufacturers were considered but the desire to maintain continuity in parts, training, and policies was felt to be overriding. Staff members were sent to the University of Washington Medical Center to access the possible benefit and applicability of expanded monitoring modes that this equipment offered that is not available from other manufacturers. It was concluded that this equipment met our needs and required fewer changes to policy and training than other manufacturers. It was further determined that this equipment represented the best fit for our organization and best value to the government. This equipment is proprietary to this manufacturer and no other provider could be found that effectively interfaced with the systems. 9. Other Considerations: This brand of equipment will allow VA Puget Sound Healthcare System to be compatible with existing equipment at the University of Washington Pulmonary department as well as Harbor View Medical Center, facilitating the training of Pulmonary Fellows and students across the University system. 10. Listing of Sources that expressed, in writing, an interest in the acquisition: No sources have expressed in writing an interest in this acquisition. 11. Statement of Actions to Overcome Barriers to Competition: No actions intended as the action is based on statutory authority for sole source. 12. Requirements Certification: I certify that the requirement outlined in this justification is a bonafide 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. //SIGNED// 21 SEP 09 _______________________________________ ________________ Thomas R. Martin, MD Date Director, Primary & Specialty Medical Care VA Puget Sound HCS, Seattle Division 13. Approvals in accordance with FAR 6.304 a. Contracting Officer's Certification: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. //Signed// 21 Sep 2009 _________________________________________ _______________________ Name: Deborah F. Nash Date Title: Contracting Officer Facility: VA Puget Sound Health Care System a. Competition Advocate: (Required over $550K) I certify the justification meets requirements for other than full and open competition. N/A ___________________________ ___________________ Name Date Title Facility b. Legal Review: (When required) I certify that the foregoing justification meets all of the statutory requirements for other than full and open competition. N/A _____________________________________ ___________________ Name Date Title Facility c. Acquisition Manager's Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval for other than full and open competition. //Signed// 28 Sep 2009 ___________________________________________ _______________________ Name: Scott A. Sands Date Title: Acquisition Branch Manager, N. Branch Facility: VA Puget Sound Healthcare System
