0008 - JA - Kemper.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

Effective Date: 11/15/24 Page 1 of 3

REVISION: 01

Acquisition ID#: 36C250-26-AP-0092

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN

ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C250-26-AP-0092

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Louis Stokes Cleveland Medical Center, Network

Contracting Office (NCO) 10.

2237: 541-26-1-575-0008.

2. Nature and/or Description of the Action Being Processed: This is a request for a new firm-fixed price contract with Carefusion Solutions, LLC. (3750 Torrey View Ct, San Diego, CA, 92130; 410-537-6213). The contract will be for a Pyxis Rental and Support Agreement, which is a standard agreement through Carefusion Solutions, LLC. for all service, maintenance, repairs, for all Becton, Dickinson, and Company (BD) Pyxis Brand automated medication dispensing systems.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Service Agreement for BD Pyxis rental and support serving the Louis Stokes Cleveland VA Medical Center. A contract is required to ensure equipment and software is maintained to meet patient care needs, as well as ensure pharmacy staff receive application support, and the equipment receives OEM required maintenance to meet accreditation requirements.

Pyxis Rental and Support Agreement – $417,252.00 (One Year Contract)

The total aggregate cost of the contract is $417,252.00. Period of performance will be 10/01/2025 – 09/30/2026.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements ( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the

Authority Cited Above (applicability of authority): Carefusion Solutions, LLC. is the only firm in existence capable of providing the hardware and service support implementation described in Section III above without the Veterans Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition. There would be unacceptable delays in fulfilling this requirement though a different source.

This is the only vendor found through market research that offers this solution. Carefusion Solutions, LLC. has proprietary software and hardware currently in use with which this implementation must interface. Carefusion Solutions, LLC. has provided an endorsed proprietary letter on company letter head demonstrating there are no

Effective Date: 11/15/24 Page 2 of 3

Acquisition ID#: 36C250-26-AP-0092 other qualified businesses capable of working on their equipment. It is imperative to keep the system functioning at its best to provide services to our veteran patients, and at this time it can only be achieved through Carefusion Solutions, LLC.’s full implementation solution.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted, details of which are in the market research report in the eCMS briefcase. This effort did not yield any additional sources that could meet the Government’s requirements. There is no competition anticipated for this acquisition. The action will be synopsized on SAM.gov In Accordance With (IAW) FAR 5.101(a)(1). Additionally, IAW 5.207(c)(16)(ii), a statement will be added that all responsible sources may submit a capability statement, proposal, or quotation which shall be considered by the agency.

Based on the requirement’s value exceeding the simplified acquisition threshold and the need for a sole source acquisition, this procurement is conducted under the authority of FAR 13.501(a) and FAR 6.302-1. Carefusion Solutions, LLC is the only responsible source that can meet our specific needs due to their proprietary technology and exclusive rights to the equipment required. The Justification will be posted after the award.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost to the Government will be determined to be fair and reasonable through comparison with the previous contracts with Carefusion Solutions, LLC. for identical services. An RFQ will be sent to Carefusion Solutions, LLC. for their completion, and the Contracting Officer will compare the breakdown of expenditures in the RFQ response to the previous contract, 36C25025P0015, to ensure fair and reasonable pricing. In addition, the Contracting Officer will utilize any other price analysis techniques identified in FAR 13.106-3(a)(2), as necessary, to determine a fair and reasonable price.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research

Was Not Conducted: The Contracting Officer (CO) searched the internet for applicable contracts or an open market competitor that could provide the services required and was unable to locate one. A query of Small Business Administration (SBA) Small Business Search (SBS) was conducted using NAICS code 811210 with SD/VOSB certifications, as well as Business name Carefusion Solutions, and the keyword “Pyxis.” Zero results were found that matched these search terms. The VA/SBA Rule of Two cannot be met. A discussion with Carefusion Solutions, LLC.

representatives found there are no available GSA, FSS, or National contracts that can be used with this procurement.

A quote was obtained by the COR and provided in the Acquisition Package. An endorsed sole source statement on Carefusion Solutions LLC. (BD) company letterhead was provided. Carefusion Solutions LLC. is the only responsible source capable of performing the requirement.

In accordance with FAR 25, the BAA was not considered applicable to this procurement because it pertains to services being performed domestically within the United States and the vendor is not a prohibited source.

As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition, and soliciting inquiries from interested parties.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The contract is unrelated to information technology and the stipulations and oversight mechanisms mandated by FITARA are not applicable.

Product Service Code (PSC) identified for this requirement is J065.

Effective Date: 11/15/24 Page 3 of 3

Acquisition ID#: 36C250-26-AP-0092

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Carefusion Solutions LLC.

3750 TORREY VIEW CT

SAN DIEGO, CA 92130-2622

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: The VA will research the market prior to any purchases for these services to determine if there are any other sources with the capabilities to meet the Government’s requirements.

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.

Laura Willett Date Management and Program Analyst (Biomedical) Louis Stokes Cleveland VAMC

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Chad Kemper Date Contracting Officer Network Contracting Office (NCO) 10

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Kelly Poole Date Branch Chief, Services Team 2 Network Contracting Office (NCO) 10 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx