Description
Justification and Approval For Other Than Full and Open Competition 1. Contracting Activity: Department of Veterans Affairs, VISN 11, RLR VA Medical Center. This is for PR 583-13-4-942-4413. 2. Nature and/or Description of the Action Being Approved: The purchase of a prosthetic limb component from a single source per medical determination of need. 3. Description of Supplies/Services Required to Meet the Agency's Needs: 1 Rheo Knee Part RKN120007 1 EA 2 Propio foot #PRPR4 2 0 1 EA 3 Propio foot cover, Right #FCPEO 1 EA 4 Propio foot cover, Left #FCPEO 1 EA Ossur Americas Inc, 27051 Towne Centre Drive, Foothill Ranch, CA 92610: 4. Statutory Authority Permitting Other than Full and Open Competition: (X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1; ( ) (2) Unusual and Compelling Urgency per FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3; ( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5; see also 38 U.S.C. 8123 ( ) (6) National Security per FAR 6.302-6; ( ) (7) Public Interest per FAR 6.302-7; 5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The Rheo knee requested has been selected for its unique features which lend to its success with a certain group of amputee patients at the RLR VAMC facility. The specific determinations of a prosthetic limb are determined on a case by case basis, but there are certain criteria that determine whether or not the process will start with the Rheo knee and the Propio foot, or another type of prosthetic. These items need to be stocked in advance to minimize wait time and to prevent the veteran from having to spend a lot of time on a temporary leg and then have to relearn the process with the final leg. The factors and variables that determine the need for this type of prosthetic over another in the initial stages are extremely numerous, but the need for this exact leg and its composition, function and fit exist at the beginning of the clinical evaluation process for the group of patients the physician determines need this type of limb. The Propio foot is designed to work with the Rheo knee and the combine other components with this knee voids the manufacturer's warranty and jeopardizes the manufacturer's certification that knee will preform as promised. 6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was done based on clinical guidelines and the required characteristics of different types of legs for different classificaitons of amputees. This was one of several selected. Ongoing observation is being undertaken to watch for new products and improvements to existing ones by the Prosthetic staff. 7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: Internet research has found several prosthetic legs that range from 5,000.00 to 50,000.00 dollars, depending on features like material use to compose the limb and specific functions of the limb to help the patient accomplish walking, running, or other activities. The price of this limb and its accessories is $27063.00 and falls well within the price range indicated by this research. Based on this market research the CO determines this price to be fair and reasonable. 8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was done based on clinical guidelines and the required characteristics of different types of legs for different classifiations of amputees. This was one of several selected. Ongoing observation is being undertaken to watch for new products and improvements to existing ones by the prosthetic staff. 9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None 10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: none 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: Based on the medical determination above, no further actions are contemplated. 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. Signatures on file