HCA signed P03-J_A-Aerobiotix Illuvia Sense RFID Cartridge_Redacted.pdf

36C246-24-AP-1972

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Brand Name Only 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 -24-AP-1972

1. Contracting Activity: The Department of Veterans Affairs, Network Contracting Office (NCO) 6 proposes to enter into a contract on the basis of other than full and open competition for the Salisbury VA Medical Center. Purchase Request: 659-24-2-023-1368.

2. Nature and/or Description of the Action Being Processed: Network Contracting Office 6 intends to award a new firm-fixed-price contract to procure brand name Aerobiotix Illuvia Sense RFID Cartridges 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: This requirement is to provide Aerobiotix brand Illuvia Sense RFID Cartridges for continuous refill of the Illuvia Sense Surgical Air Decontamination Systems owned, installed, and operated at the Salisbury VA Medical Center (VAMC), Kernersville Health Care Center (HCC), and Charlotte Heath Care Center (HCC).

These systems are used in operating rooms, intensive care units, emergency department, and waiting rooms to reduce airborne bacteria. The medical grade HEPA filters eliminate contaminated air, remove volatile organic compounds, surgical smoke, and bioaerosols to reduce surgical site infections. This requirement is to provide 4,500 cartridges annually at a total estimated cost of for a 12 month base period, and four 12-month options. Annual estimated pricing and delivery periods are as follows: Base Period 03/16/2024 – 03/15/2025 ; Option 1 03/16/2025 – 03/15/2026 ; Option 2 03/16/2026 – 03/15/2027 ; Option 3 03/16/2027 – 03/15/2028 ; Option 4 03/16/2028 – 03/15/2029 .

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

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

Effective Date: 02/01/2022 Page 2 of 3

STEPHANIE

STEPHENS

Digitally signed by STEPHANIE

STEPHENS

-05'00'

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 Illuvia Sense RFID Cartridges are designed specifically for use with the Areobiotix Illuvia Sense air decontamination systems.

There are 16 Illuvia Sense air decontamination systems utilized across the Salisbury VAMC, Kernersville HCC, and Charlotte HCC. During market research the original equipment manufacturer (OEM) was contacted. The OEM stated that the Illuvia Air Sense systems are programmed to work only with the Aerobiotix RFID chip and, if the Aerobiotix RFID chip is not present, the units will not be operational. The Aerobiotix RFID cartridges are not available through any other manufacturers.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted and detailed in section 8 of this document. A presolicitation notice of this proposed contract action will be published to the government point of entry, SAM.GOV, in accordance with FAR subpart 5.2.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will determine that the prices will be fair and reasonable based on competition.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted to identify available sources and to evaluate the availability of the marketplace to meet the requirement. Searches of the internet, SBA VetCert, GSA, NAC, SAC, FPDS, SAM, and eCMS were conducted. In addition, the OEM, Aerobiotix, was contacted. Based on this, it was determined that the Aerobiotix Illuvia Sense RFID Cartridge is proprietary to Aerobiotix. Similar products from other manufacturers will not meet the need of the agency because they do not have the RFID chip from Aerobiotix that the air decontamination units are programmed to sense for operation. Market research has revealed two small businesses that can provide the required supplies.

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: The Government will continue to conduct thorough market research to gauge the commercial marketplace capabilities for future requirements. No actions can be taken to increase competition for this action due to the RFID cartridges being proprietary to the OEM, Aerobiotix.

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.

Stephanie Stephens Date Salisbury VAMC

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

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

JAMIE

SULLIVAN

Digitally signed by JAMIE

SULLIVAN

2024.02.20

KEESHIA Digitally signed by

KEESHIA NEWMAN

NEWMANDate: 2024.02.20

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.

Jamie Sullivan Date Branch Chief, Supply 2/Prosthetics

NCO 6

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.

Keeshia Newman Date Division Chief 1, NCO 6

c. Director of Contracting: I certify that the justification meets requirements for other than full and open competition.

Irma Ferro Date Diirector of Contracting, NCO 6

d. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve ($750K to $7.5 million (or $15.0 million for acquisitions described in FAR 13.500(c)) for other than full and open competition.

Gerald F. Jacobs Date Head of Contracting Activity, East

IRMA FERRO Digitally signed by IRMA FERRO Date: 2024.03.06 16:52:35 -05'00'

GERALD JACOBS

Digitally signed by GERALD

JACOBS

Date: 2024.03.08 13:45:31 -06'00'