Brand Name Justification CO BC Signed Redacted.pdf

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

Effective Date: 11/15/24

REVISION: 01

Acquisition ID#: 36C24W-25-AP-0088

DEPARTMENT OF VETERANS AFFAIRS

BRAND NAME JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C24W-25-AP-0088

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 19, in support of Eastern Oklahoma VA Health Care System located at 440 S Houston Ave, Tulsa OK, 74127. VISN 19 intends to procure Follett Ice Makers and Pharmacy refrigerators.

2. Nature and/or Description of the Action Being Processed: This procurement is for Follett Pharmacy

Refrigerators, Freezers and Ice Makers, 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 Acquistion Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. This action will be awarded as a new contract, firm-fixed price, open market SDVOSB Set-Aside.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The contractor shall provide Follett Ice Makers and Pharmacy Refrigerators to the VA Medical Center located in Tulsa OK, which is part of the Eastern Oklahoma VA Healthcare System (EOVAHCS). The pharmacy refrigerators will be integrated into the Omnicell system, allowing pharmacy staff to refrigerate medications and track inventory of medication. The ice makers will provide chewable ice to patients for medical and enrichment purposes.

Line Item

Part Number Description Quantity

1 25CI425A-S Ice Maker Chewblet 25lb 13 2 50CI425A-S Ice Maker Chewblet 50lb 1 3 LCC DEV1650SG-60-75 Ice Maker With Bin 1 4 FZR25-LB-RHT00S Freezer Pharmacy -24C 25 cu ft 5 5 REF5P-0R-00-00 Refrigerator 5 cu ft 11 6 REF20-PH-R0000G Refrigerator 20 cu ft 1

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

Effective Date: 11/15/24

REVISION: 01

( ) 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 Follett pharmacy refrigerators are the only brand that are Omnicell FlexLock ready. The FlexLock allows the refrigerators to be linked into the Omnicell system. This provides tracking of inventory and additional security for medications. Follett Ice makers are standard in our healthcare system.

Continuity of brand and design makes it easier and more cost effective to keep maintenance personnel trained, and keep spare parts in stock for better up-time.

Market research was conducted, but the effort did not yield any additional brand that can meet the government’s requirements. It was determined that limited competition is available among authorized resellers for brand name Follett equipment.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Based on market research this requirement meets the rule of two. Therefore, the government plans to solicit on the open market with an Service Disabled Veteran Owned Small Business (SDVOSB) set-aside to maximize competition.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: We anticipate the cost will be considered fair and reasonable based on competition.

Historic data has shown there are many SDVOSBs who have provided quotes for similar requirements on the open market.

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 using Contract Directory, Veteran Small Business Certification, General Services Administration (GSA) advantage, Small Business Administration Dynamic Small Business Search, and Federal Procurement Data System (FPDS). Based on the market research conducted, two or more capable SDVOSBs or VOSBs were identified and appeared capable of performing the requirement. Therefore, it is anticipated that this requirement will be solicited using competitive procedures.

An SDVOSB set-aside will be used since there are two or more SDVOSBs in accordance with VAAR Class Deviation 810.001-70. No Buy American or Trade Agreement clauses or provisions are required due to brand name justification under FAR Part 6.3.

As described in Section 6 above, market research, in accordance with FAR Part 10, will be conducted by soliciting inquiries from interested parties on the open market utilizing this brand name justification and an SDVOSB set-aside.

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:

Firm 1: Aldevra, LLC – 269-350-1337

Effective Date: 11/15/24

REVISION: 01

Firm 2: Government Sales, LLC – 800-531-6635

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: There are additional sources available to overcome any competition and contracting barriers; therefore, to ensure competition in contracting, market surveys will continue to be issued through competitive solicitations on Contract Opportunities.

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.

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.

Digitally signed by JEFFREY CRYSLER Date: 2025.05.06 13:25:40 -05'00'

Jeffrey Crysler Date Activations Branch Chief Regional Procurement Office West (RPOW)

JEFFREY CRYSLER

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