SPECIAL NOTICE
65 -- Intent to Sole Source Notice Philips Trilogy Ventilators
- Notice Date
- 8/2/2023 8:13:29 AM
- Notice Type
- Special Notice
- Contracting Office
- 241-NETWORK CONTRACT OFFICE 01 (36C241) TOGUS ME 04330 USA
- ZIP Code
- 04330
- Solicitation Number
- 36C24123Q0965
- Response Due
- 8/4/2023 7:00:00 AM
- Archive Date
- 09/18/2023
- Point of Contact
- Divianna Mathurin, Contract Specialist, Phone: 914-325-3258
- E-Mail Address
-
divianna.mathurin@va.gov
(divianna.mathurin@va.gov)
- Awardee
- null
- Description
- NOTICE OF THE INTENT TO SOLE SOURCE TO First Nation Group, LLC, 4566 HIGHWAY 20 EAST, SUITE 208, NICEVILLE, FL 32578 UNITED STATES. Response Due Date: August 07, 2023, by 10:00AM (EST) NOTICE OF THE INTENT TO SOLE SOURCE SYNOPSIS Network Contract Office 1, Procurement Office East on behalf of The Department of Veterans Affairs, 830 Chalkstone Avenue, Providence RI 02908-4734 intends to award a firm-fixed contract with no options to First Nation Group, LLC to provide delivery for the (6) Trilogy Evo Ventilators (Model No. DS2110X11B). The proposed procurement is for products for which the Government intends to solicit and negotiate with only one source under the authority of FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. 41 U.S.C. 3304(a)(1). The North American Industry Classification System code (NAICS) for this requirement is 339113. All responsible sources that feel they should be considered qualified to provide the above-mentioned products may submit a response to this notice (by the response due date shown above) to Divianna.Mathurin@va.gov . The information provided shall include detailed (and relevant) documentation to allow the government to perform adequate market research and make a proper determination. A determination by the government not to compete this proposed requirement based upon responses to this notice is solely within the discretion of the Government. Information received will be considered solely for the purpose of determining whether to conduct a competitive procurement. THIS IS NOT A REQUEST FOR COMPETITIVE PROPOSALS. THERE IS NO SOLICITATION AVAILABLE AT THIS TIME. REQUESTS FOR A SOLICITATION WILL NOT RECEIVE A RESPONSE. Statement of Work PORTABLE VENTILATOR Providence VA Healthcare System Providence VA Medical Center is looking to acquire delivery of (6) PORTABLE VENTILATORS, (Model No. DS2110X11B) for delivery to COMMUNITY SURGICAL, 83 VERMONT AVE SUITE 5 WARWICK RI 02888. The Contractor shall provide delivery for this equipment. This is a brand-name requirement only. Equipment to be procured: QTY UNIT MODEL NO. DESCRIPTION 6 EA DS2110X11B PORTABLE VENTILATOR Ventilators are life sustaining equipment. They are needed to have on hand for emergency issuance to outpatients enrolled in the VA home oxygen program. Records Management Language for Statement of Work (SOW): The following standard items relate to records generated in executing the contract and should be included in a typical procurement contract: Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract. The Government Agency owns the rights to all data/records produced as part of this contract. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.]. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information. DEPARTMENT OF VETERANS AFFAIRS Justification for Single Source Awards IAW FAR 13.106-1 For Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K) Acquisition Plan Action ID: 36C241-23-AP-4571 Contracting Activity: Network Contracting Office 1, Regional Procurement Office East on behalf of the Department of Veterans Affairs, VISN 1, Providence VA Medical Center830 Chalkstone Avenue, Providence RI 02908-4734. Funding 650-23-3-108-0897. Brief Description of Supplies/ Services required and the intended use/Estimated Amount: This is a new, brand name requirement. The Contracting Activity is looking to procure (6) Philips Trilogy Evo Portable Ventilators who are manufactured by OEM LB Philips Respironics and solely distributed by SDVOSB First Nation Group, LLC (UEI: Z3BPH2N9K1L9), 4566 HIGHWAY 20 EAST, SUITE 208, NICEVILLE, FL 32578 delivers proven performance in noninvasive and invasive ventilation and is designed to stay with the patients across changing care environments. It features an eight-inch touchscreen with patient-friendly displays to support the easy set-up and setting modification. It offers new on-screen help and alarm guidance and user-friendly universal names for most ventilation mode. The ventilator comes with 15-hour battery life which provides a new level of freedom. Estimated Amount $59,971.20. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: The Phillips Respironics Trilogy Evo Portable Ventilator is the only one that will meet the medical need as determined by the prescribing clinicians. The Providence clinical staff are familiar with this device, and they have prescribed it to patients currently who require additional devices be added to inventory to meet the patients medical need. Other manufacturers were considered and some inventory in place belongs to other manufacturer devices, those devices were more medically appropriate to the Veterans medical needs in their cases. Ventilators are life sustaining equipment for a specific population of outpatient Veteran needs. These devices were selected by the clinical staff to maintain in stock to meet the specific medical needs of the population we serve. Description of market research conducted and results or statement why it was not conducted: The Contracting Activity conducted its first search on VetCert using NAICS 339113 which generated 845 broad results. SBA DSBS search using NAICS 339113, along with keyword Philips produced. GSA search under manufacture Philips Respironics yielded 2 authorized distributors for this equipment however one of which (First Nation Group, LLC) falls under a SDVOSB business socioeconomic group, the other (Agiliti Health Inc) has a large socioeconomic group. VetBiz search using NAICS 339113, along with keyword Philips returned 9 organizations, all of which are authorized to provide Philips Healthcare products however this particular ventilator being requested is from Philips Respiratronics line and only one of the 9 organizations (First Nation Group, LLC) is authorized to provide this. NAC search using catalog number DS2110X11B which yielded 1 record under sole authorized distributor First Nation Group, LLC under FSS Contract 36F79719D0027 for the exact Philips Trilogy Ventilator. Last search was on FPDS using keyword Trilogy under Contracting Office 1 which yielded 15 contract actions, 14 of which are all purchases for the same equipment to VISN 1 from SDVOSB First Nation Group, LLC. OEM LB Philips Respironics states SDVOSB First Nation Group, LLC is the only provider for these ventilators.
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