DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Exception to Fair Opportunity Memo Acquisition Plan Action ID: 36C252-24-AP-4396 Contracting Activity: Department of Veterans Affairs, VISN 12, Edward Hines Jr. VA 2237: 578-24-4-696-0851 Contracting Agency: Great Lakes Acquisition Center (GLAC), NCO-12 Equipment Team Description of Action: This is a Brand Name only action for Howard Medical HI-Care E Plus Carts, medication administration workstations (MAW), which will be awarded as a Delivery Order under a NASA SEWP contract using firm fixed price contract procedures. Description of Supplies or Services: The proposed action is to provide the following equipment to include onsite set up: Qty- Description 2- Howard Medical HI-Care E Plus Cart [REDACTED] 3- Howard Medical HI-Care E Plus Cart [REDACTED] 5- Howard Medical HI-Care E Plus Cart [REDACTED] 7- Howard Medical HI-Care E Plus Cart [REDACTED] 7- Howard Medical HI-Care E Plus Cart [REDACTED] 10- Howard Medical HI-Care E Plus Cart [REDACTED] 18- Howard Medical HI-Care E Plus Cart [REDACTED] 87- Howard Medical Warranty Upgrade 5-Year Onsite [REDACTED] (Hines) 1- Howard Medical Onsite Setup and Integration [REDACTED] (Hines) The total estimated value of the proposed action is [REDACTED] Delivery: 8 to 10 weeks after ARO. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i): FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. Rationale Supporting Use of Authority Cited Above: Based on extensive market research, as described in paragraph eight of this document, it was determined that limited competition is viable among authorized resellers for this brand name item. This is a brand name justification in support of FAR 11.105, Items Peculiar to One Manufacturer. Howard Medical Carts brand name medical equipment is the only equipment that can continue to build upon VA s existing medical cart solutions. Any other brand name medical equipment is unable to integrate with the currently fielded medical cart solutions. Additionally, no training is required since the location has the same carts on site and training has already been completed. 6. Efforts to Obtain Competition: A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. Market research was conducted, details of which are in the market research section of this document. There is limited competition anticipated for this acquisition due to brand name only, but there are a minimum of four authorized resellers on NASA SEWP. 7. Actions to Increase Competition: Describe actions taken, or that will be taken, to remove or overcome any barriers to competition before initiating any subsequent acquisitions for the supplies, or services required, including challenges to restrictive data markings, data rights, preparation of a performance-based work statement, and etc. The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed. 8. Market Research: Provide a description of the market research conducted among the contract holders and the results. If market research was not conducted, the reasons it was not conducted should be stated. When citing FAR 16.505(b)(2(i)(b) or FAR 16.505(b)(2)(i)(e), the only possible way to state in paragraph 5 of the J&A that there is only one contractor who can fulfill the agency s needs is to conduct market research, and it should be summarized here. The Government s technical experts conducted market research by reviewing other similar medical equipment and concluded only the MAW by Howard Industries successfully met all requirements. In addition, the CO reviewed the results of recent market research undertaken to meet similar or identical requirements under NASA SEWP Contract NNG15SD34B Delivery Order 36C25222F0266. The CO searched the Veteran Small Business Certification (VetCert) database to identify verified capable Service Disabled Veteran Owned Small Businesses (SDVOSBs) under NAICS 541519. The search resulted in 4,614 veteran owned businesses. The CO searched VA NAC s MedSurg Catalog for Howard medical HI-Care carts as well as medication administration workstations and NAICS 541519 but no active items were available. The CO searched GSA Advantage for Howard medical carts and medication administration workstations but no items were found. The CO searched NASA SEWP to identify SDVOSBs who could provide the brand name only requirement and found at least four who could provide Howard MAWS. Based upon the market research conducted and the resulting analysis, adequate sources of supply for small business concerns were obtained; however, although there are two or more SDVOSBs that are capable of providing this equipment, the requirement cannot be set aside due to the Nonmanufacturer Rule. 9. Other Facts: None 10. Technical and Requirements Certification: 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. [REDACTED] 11. Determination that Anticipated Cost is Fair and Reasonable: The CO will determine the anticipated cost fair and reasonable through competition and comparison with the Independent Government Cost Estimate. 12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. [REDACTED]
