Steam Sterilizers Brand Name Justification Redacted.pdf

Request for Brand Name Justification >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

BRAND NAME JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C246-23-AP-2637

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 6, located at 201 Hay Street Fayetteville, NC 28301, in support of Durham VA Health Care System at 508 Fulton St, Durham NC 27705.

2. Nature and/or Description of the Action Being Processed: This procurement is for a (new firm-fixed-price contract) in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Direct replacement of Getinge Steam Sterilizers.

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): The Getinge Steam Sterilizers are a major part of the sterile processing system. There would be a substantial duplication of costs to the government that is not expected to be recovered through competition. Use of another system would require a complete overhaul of the Fayetteville VAMC’s current platform and would result in additional excessive costs that are not anticipated to be recouped.

The purchase of this brand name will satisfy the standardization of the SPS Department. This allows for one maintenance contract across all devices as opposed to having multiple service contracts.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The contracting officer contacted the original equipment manufacturer, Effective Date: 02/01/2022 Page 2 of 3

Getinge (large business),, and they identified one authorized distributor, TrillaMed (SDVOSB). This will be solicited full and open.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer anticipates that this order will be determined fair and reasonable based on competition. Prior to award price analysis of the proposed contract price will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable. Additional discounts will be sought before placing an order.

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

Market Research Was Not Conducted:

During the timeframe of July 1 through August 31, 2022, the Durham VA Sterile Processing Service (SPS) hosted on-site, hands-on vendor viewing of the equipment, and work areas located in receiving/prep stations, decontamination, and sterilization processing sections located at the 508 Fulton Street campus, 2nd floor, Room D2010.

Vendors were instructed that replacement equipment would have to occupy the identical space that will be vacated with the removal of old devices. The Getinge Washer Disinfectors is the only equipment that connects to the existing utilities and fits in the existing space. The facility cannot alter the current SPS space footprint. Altering the SPS space would incur a duplication of equipment costs, installation costs, and personnel training costs. The VA Rule of Two cannot be met. There is one SDVOSB distributor. There is not a NMR Class Waiver for NAICS Code 339113.

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:

• Trillamed, LLC, 30100 Telegraph Rd, Bingham Farms, MI 48025; POC: Tejas Smart; 248-410-2767;

tsmart@trillamed.com.

• Getinge USA Sales, LLC; 1 Geoffrey Way, Wayne New Jersey 07470; POC: Sam Thomas; 757-630- 5770; sam.thomas@getinge.com

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 Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future requirements of this type to be competed.

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.

Signature on file Date mailto:tsmart@trillamed.com mailto:sam.thomas@getinge.com

Effective Date: 02/01/2022 Page 3 of 3

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

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

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.

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx