Attachment 1 FAR 13.5 Sole Source Justification - Over SAT(ds).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 1 of 2

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C246-23-AP-6298

1. Contracting Activity: Department of Veterans Affairs, NCO 6, Salisbury VA Medical Center

2237 # 659-24-1-6047-0006

2. Nature and/or Description of the Action Being Processed: The existing Andover system was designed, installed and programmed by TAC Americas, who was acquired by Schneider Electric.

Engineering Service has provided justification to support this statement concerning the VAMC's Andover System and Schneider Electric abilities to maintain and service this equipment. Schneider Electric confirmed that the system is proprietary and serviced by Schneider Electric Buildings Americas, Inc.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Schneider Electric Service Technicians are the only authorized technicians to provide services on the Andover Control Digital System which regulates our HVAC system at the VA Medical Center, Salisbury and as the manufacture technicians they have exclusive rights to conduct maintenance on this system.

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:

( ) 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):

Under the Authority of Title 41.U.S.C. 254 (1) and FAR 6.302-1 (b) 1 (i) other than full and competition is justified when there is a reasonable basis to conclude that the agency's minimum needs can only be satisfied by unique supplies or services available from only one source or only one supplier with unique capabilities. The Schneider Electric Service Technicians are the only authorized technicians to provide services on the Andover Control Digital System which regulates our HVAC system at the VA Medical Center, Salisbury and as the manufacture technicians they have exclusive rights to conduct maintenance on this system.

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 2

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

Vendor is the only available source for this preventive/maintenance service.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Based on historical data from the past and existing contract for maintenance of the Andover Control Digital System, the cost is deemed fair and reasonable.

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 based on historical data from the past and existing contract for the maintenance of the Andover Control Digital System.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no other facts to support other than full and open competition.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: There are no other facts to support other than full and open competition.

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:

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.

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.

Daniel Spaulding Date Contracting Officer

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.

Stephanie Thompson Date Contracting Officer

NCO 6

9/21/2023