Attachment JA FAR 13.5 Sole Source Justification SAM_FINAL.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: 02/01/2022 Page 2 of 4

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 Original Equipment Manufacturer (OEM) of the BD-Pyxis Supply Station. Additionally, Carefusion Solutions, LLC maintain the proprietary rights of BD-Pyxis Supply Station equipment, software, and peripherals. The OEM for the BD-Pyxis Supply Station indicates that Carefusion Solutions, LLC is the exclusive manufacturer of all BD-Pyxis products. Market research information received from the OEM of the BD-Pyxis Supply Station states that, “Only Carefusion Solutions, LLC and their Field Service Technicians have the capabilities and authorization necessary to perform installation and maintenance services for BD-Pyxis products”. Performance of those services by any other party other than Carefusion Solution, LLC, voids warranty for their products. This procurement for service and maintenance of the BD-Pyxis Supply Station meets the single source justification for commercial products and commercial service purchases exceeding the simplified acquisition threshold IAW FAR 13.106-1(b)(2) Soliciting Competition. Accordingly, Carefusion Solutions, LLC is the only firm capable of providing the services described above and in Section 3 (of this document) without the Veteran’s Health Administration (VHA) experiencing substantial duplication of cost that could not be expected to be recovered through competition. There are currently 247 BD-Pyxis Supply Stations located within the VASNHCS that will require service and maintenance for equipment, software, and peripherals.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Based on market research conducted by the Contract Specialist and an analysis of historical contract data from the Federal Procurement Data System (FPDS), plus contract information provided from the customer it was determined that there are no competing firms that can provide service and maintenance for the BD-Pyxis Supply Station equipment, software, and peripherals. Communications between the Contract Specialist and Carefusion Solutions, LLC resulted in acquiring additional documentation from the OEM indicating that Carefusion Solutions, LLC is the exclusive manufacturer of the BD-Pyxis Supply Station and its products, this document was uploaded to the eCMS briefcase and meta tagged P02. The service exclusivity document from Carefusion Solutions, LLC also mentions that field service technician affiliates are the only authorized technicians to perform service and maintenance of all BD-Pyxis Supply Station located throughout VASNHCS.

The procurement will be publicized via combined synopsis and solicitation procedures IAW FAR 5.203(a)(2).