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: The issuance of a modification to contract VA797N-16-C- 0005 for Transcutaneous Electrical Nerve Simulation (TENS) Kits and Accessories with Pain Management Technologies, Inc. 1760 Wadsworth Rd, Akron, OH 44320, is to exercise Federal Acquisition Regulation (FAR) Clause 52.217-8, Option to Extend Services. This modification will exercise a 2-month extension period. This option period is required to avoid a gap in purchasing TENS Kits and Accessories for home use, and disruption of services to the Veterans. This contract was awarded under a competitive effort as a single award, Firm Fixed Price (FFP) contract. This modification will allow for time to complete the on-going acquisition process of a follow-on long-term national contract. Description of Supplies or Services including Estimated Values: TENS Kit Electrodes- 2" Square Electrodes -Rectangle/Low Back Hypoallergenic/Sensitive Skin TENS Units is a noninvasive, drug-free pain management technique that sends electrical signals to underlying nerves. It is battery powered electrical stimulation devices generally used as adjunctive therapy in both acute and chronic pain. TENS Unit are purchased through the Prosthetic Department at the local medical facilities and issued by Pain Management Dept. to the Veterans. TENS Units were identified by the Veterans Health Administration s (VHA) Prosthetic Clinical Management Program (PCMP 10FP) as item(s) that could yield savings through standardization. As a result of this determination, these items were assigned to the Prosthetic and Sensory Aid Services (PSAS) Workgroup for standardization. The current period of performance will expire on March 14, 2021. The requested extension will be from March 15, 2021 through May 14, 2021. The estimated value for this two (2) month extension is $. This total was calculated based on averaging the total amount that has been spent for fiscal year 18,19 and 20, dividing that total by 12 to establish the average per, month. The Contracting Officer will determine fair and reasonable pricing for the two (2) month extension period at the time of the contract modification. 2 Statutory Authority: The statutory authority permitting other than full and open competition is 41 U.S.C.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 Veterans Health Administration s (VHA) Prosthetic Clinical Management Program (PCMP) has identified TENS Unit Kit and Accessories as a uniform preferred product for continued consolidated contracting. The purpose of consolidated contracting is to obtain user uniformity and quality products at competitive prices. This standardization initiative is in accordance with VHA s PCMP Charter signed by the Under Secretary for Health on February 9, 2001. The objective is to ensure availability of TENS Unit Kit and Accessories for nationwide usage and to enhance the quality of care we provide to our Veterans, leverage spend, and maximize efficiency. It is anticipated that a Request for Proposal will be issued by late March 2021 with the technical evaluations completing at the start of May 2021. This extension of the current contract will ensure that VA Hospitals and clinics can continue to order Transcutaneous Electrical Nerve Simulation (TENS) Kits and Accessories for those Veterans that have a need for the item. 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 acquisition to Pain Management Technologies without regard to any other provisions of law, to include full and open competition. The Government s intent is to publicize the follow-on requirement as a small business set aside and will be made available at the Government Point of Entry (GPE) betasam.gov in accordance with FAR 5.201. 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. Pain Management Technologies, confirmed with the Government s that pricing would remain unchanged. 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-16-C-0005. Description of Market Research: On 9/17/2020 - RFI (Sources Sought) 36C10G20Q0089 was posted on Contracting Opportunities and closed on 9/27/2020. One response was received from Defender- HQ (SDVOSB). On 10/9/2020 RFI 36C10G20Q0089 was amended 0001 to extend the closing until 10/31/2020 and to announce a virtual Industry Day. In the amendment, the Veterans Affairs issued a combined Industry Day/Market Research posting. The posting was targeted as a two-point notice. The first portion of the notice was; To the manufactures of TENS Unit Kit and Accessories and their interest in attending an Industry Day demonstration of their products to be held 11/19/2020 and 11/20/2020. At closing 4 vendors responded, (2- Manufacturer and 2- Distributors), Defender-HQ (SDVOSB/Distributor); Elidah (SM/WOSB/Manufacturer); Pain Management Technologies (SM/Manufacturer); Panakeial, LLC (SDVOSOB/Distributor). The second part of the notice was a separate attachment title (Market Research). The document stated that it was gathering information from resellers of TENS Unit Kit and Accessories in the Commercial Market. The attachment requested the following information to be provided; Point of Contact (POC), Social-Economic Status, Business Size for North American Industry Classification System (NAICS) code 334510 Electromedical and Electrotherapeutic Apparatus Manufacturing and, Other Facts: None A listing of Sources: None. Actions to Remove Barriers to Future Competition: This action is a two (2) month option period while the Government publicizes and competes the follow-on contract via beta.sam.gov. Certifications: a. TECHNICAL/REQUIREMENTS PERSONNEL: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.
