FAR 13.5 JOFOC Over SAT 36C24823AP4094_edit.pdf

Effective Date: 02/01/2022 Page 2 of 4

( ) National Security ( ) Public Interest

Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Philips Healthcare currently installed in San Juan and for this requirement

Philips Electronics North American Corporation is the only firm capable of providing the supplies and services described above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A sources sought notice 36C24823Q0820 was issued on 05/06/2023 yielding responses from three Two other SDVOSBs (AvMedical LLC and Alliant Enterprises LLC) offered a brand name and are also authorized distributors for Philips Electronics North American Corporation. A request for information on NASA SEWP received a response from one SDVOSB (Four Points Technology LLC) who is an authorized distributor for Philips Electronics North American Corporation and capable of providing the requirement. There are three sources with the capability to meet our needs.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

There are historical purchases to help the contracting officer identify the price ranges from GSA, NASA SEWP and ECAT. The historical data from these sources will assist in determining the final contract pricing to be fair and reasonable.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: A sources sought notice posted to contracting opportunities on 05/06/2023, yielded AvMedical LLC Alliant Enterprises LLC Four Point Technology LLC . A search on S

CMC did not identify national contracts available for the VA. A search on N AC identified SA Contracts are available from Glomax, Inc. (VOSB-36F79719D0102) and Philips Electronics North America Corporation (Large-36F79720D0042 . ere are two or more SDVOSBs verified and capable to provide the brand name requirement. Recommend to set-aside

Effective Date: 02/01/2022 Page 3 of 4

Any Other Facts Supporting the Use of Other than Full and Open Competition: Not applicable.

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

Alliant Enterprises LLC,(SDVOSB) AvMedical LLC

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: No action is planned as there are two or more SDVOBS available to provide the requirement.

11. 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 belie

Date

12. 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.

Date

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.

Date

5/30/2023

Effective Date: 02/01/2022 Page 4 of 4

c. 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.

Date