36H79719C0013-004.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36H79719R0003

1. Contracting Activity: Department of Veterans Affairs, OPAL / National Acquisition Center (NAC), Building 37, 1st Avenue, One Block North of Cermak, located in Hines, IL 60141.

2. Nature and/or Description of the Action Being Processed: The sole source request is for a firm fixed price contract with G. A. Braun established at the Grand Junction, CO Laundry facility to install a new 400/500 LB Washer and Wash System Controls to coincide and be compatible with G. A. Bruan washer currently installed.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Grand Junction, CO Department of Veterans Affairs Medical Center Laundry Facility is in need of (1) one new G. A. Braun one (1) 400/500 LB.

Washer-extractor and one (1) new G. A. Braun Wash System Controls.

The period of performance will be a total of 150 days, 120 days for the delivery of the equipment and 30 days for installation.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-1. The specific paragraph must be cited. Most likely, only the -1 or -2 authorities will be cited.

Please be aware that failure to adequately plan for future requirements does not constitute appropriate use of the unusual and compelling urgency statutory authority.

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

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

a. Only One Responsible Source (FAR 6.302-1) – The Grand Junction, CO Department of Veterans Affairs Medical Center Laundry Facility originally required one (1) 200 LB Gas Tumbler, one (1) 400/500 LB. Washer-extractor and one (1) Wash System Controls. This would have been a one winner take all procurement had they all been ordered at the same time. At the time of the original procurement, the medical facility was unable to secure the funding for the entire requirement. Therefore, only the most required equipment was ordered initially, which was the G.A. Braun 200 LB Gas Tumbler. Shortly afterwards, the medical center was able to secure the funding for the remaining equipment. These three pieces of equipment must come from the same manufacturer because they must interact and communicate with each other in order to function properly. They function together as one central control. Currently, the new 200 LB Gas Tumbler is functioning with the old 400/500 LB Washer-extractor and wash system controls from G.A. Braun. The old equipment must be replaced because they are old and require updating to function at full capacity. Since the new 200 LB Gas Tumbler is manufactured and was provided by G.A. Braun, the 400/500 LB Washer-extractor and the Wash System controls must also be provided by G.A. Braun in order for the three pieces of equipment to work together. Equipment from another manufacturer will not communicate with the current G.A. Braun washer.

Due to G. A. Braun’s proprietary WASHNET* software, G. A. Braun is the only firm that can provide the https://www.acquisition.gov/?q=/browse/far/6 required equipment functionality in order for the system to interface with the WASHNET CHEM Vendor Software. All Technical Performance Specifications can be met by G. A. Braun. They have submitted a proposal for the new equipment requirement and have been found technically acceptable and reasonably priced.

b. Unusual and Compelling Urgency (FAR 6.302-2, 6.303-2(a)(9)(ii)) – N/A

c. Industrial Mobilization; or Engineering, Developmental, or Research Capability (FAR 6.302-3) – N/A

d. Authorized or Required by Statute (FAR 6.302-5) – N/A

e. National Security (FAR 6.302-6) – N/A

f. Public Interest (FAR 6.302-7) – N/A

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market Research was conducted for the original requirement of the 200 LB washer, under solicitation 36H79718R0007. The research was accomplished by querying the VetBiz (VIP), SAM, Small Business Administration (SBA) websites, and past procurement data.

Market research from VIP indicated that there were 75-SDVOSB/VOSB vendors with the NAICS code 333318, “Other Commercial and Service Industry Machinery Manufacturing”. The Dynamic Small Business Search indicates that there were 43-8a certified, 69-HUB zone certified, 435-Veteran owned, 27-SDBs, 246-service-disabled and 455-woman or women owned businesses with NAICS code 333318. SAM indicates 2280-small business records with NAICS code 333318.

In order to identify potential SDVOSB/VOSBs who could provide and install the equipment requested, a Sources Sought Notice was posted to Federal Business Opportunity (FBO). No responses were received.

Since no responses were received from any SDVOSB/VOSBs, the original procurement was categorized as a 100% Small Business Set-Aside and awarded in accordance with FAR Part 12, 15, and 19 procedures.

For the original proposal, only two proposals were received. One was from G.A. Braun. The other was from Goodwin Facilities Services. Goodwin Facilities Services was found Technically Unacceptable. The proposal from G.A. Braun was found Technically Acceptable. Therefore, the award for the 200 LB Washer was issued to G.A. Braun. The market research conducted on the original procurement of the 200 LB Washer is how it was determined that a sole source is required to the winner of the original proposal, since all three equipment items must come from the same source.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: We have sufficient acquisition history on the procurement of the equipment required. G. A. Braun has submitted reasonable pricing on these items in the past. Therefore, fair and reasonable pricing is anticipated for this procurement as well. Please see acquisition history below:

ACQUISITION HISTORY:

-36H79718C0007 - Washer/Extractor was awarded to G. A. Braun, Inc. on April 11, 2018 for Grand Junction, CO.

-36H79718C0005 - A Washer System Control was awarded to G. A. Braun, Inc. on January 12, 2018 for Lake City, FL VAMC.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: For this procurement, no market research was conducted. Market research was conducted on the first requirement. That market research was the determining factor for this sole source requirement. Since the same contractor must be used for all three pieces of equipment, no additional market research was required.

https://www.acquisition.gov/?q=/browse/far/6 https://www.acquisition.gov/?q=/browse/far/6 https://www.acquisition.gov/?q=/browse/far/6 https://www.acquisition.gov/?q=/browse/far/6

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

Because these three pieces of equipment must operate as a single system and communicate with each other, they required the same manufacturer. Therefore, this original procurement should have been a winner-take-all procurement. Since the customer did not have the funds to purchase all of the equipment items at the same time, the procurement had to be split, purchasing the most required piece of equipment first. Market Research showed several small businesses that could provide the requested equipment for this procurement.

Therefore, proper procedures were applied to determine the award for the first procurement to G.A. Braun.

Since they won the first award, we were required to do a sole source award for the remaining equipment items.

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

G. A. Braun, INC.

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: N/A

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.

Christopher L. Cook Contracting Officer _____________________________ 07/31/2019 Name Date Title