Attachment 1 LSJ_47QSWA21D0006_36C24823F0430.pdf

Effective Date: 02/01/2022 Page 1 of 5

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C248-23-AP-4020

(1) Contracting Activity: Department of Veterans Affairs (VA), Network/Program Contracting Office (NCO) 08, located at C.W. Bill Young VA Medical Center (VAMC), in support of Veterans Integrated Services Network (VISN) 08 VA Health Care System at 10000 Bay Pines Blvd., Bay Pines, FL 33744.

2237# 516-23-1-5213-0030

(2) Description of Action: This acquisition is conducted under the authority of the Multiple- Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). This requirement is for Federal Supply Schedule (FSS) Order for Off-Grid Solar Electric Vehicle (EV) Charging Systems to charge the growing fleet of General Services Administration (GSA) Electric Vehicles. This action will be awarded as a new requirement.

Order against: FSS BPA Number: 47QSWA21D0006

Name of Proposed Contractor: Beam Global

Street Address: 5660 Eastgate Drive

City, State, Zip: San Diego, CA 92121

Phone: 858-790-8140

(3) Description of Supplies or Services:

The request is for ARC-CP4023, BOOST40, and EPWR manufactured and distributed solely by Beam Global. This product is a mobile, stand-alone electric vehicle charging station powered by solar panels and capable of Level 2 charging. Each unit fits in a standard-sized parking lot space, and provides nine (9) ft of vehicle clearance. Additionally, this system contains the battery storage system off the ground, and is flood-proof to 9.5 feet above the ground level. The EV ARC 2020 generates power with a 4.3kW array and is equipped with Beam Global’s patented

Effective Date: 02/01/2022 Page 2 of 5

BeamTrak™ solar tracking system. Included in the base unit price is a 12-month Operation & Maintenance Plan with wireless remote monitoring. The products use the Chargepoint cellular connection system to control access and monitor performance. ChargePoint Networked EV Chargers. Pedestal-mount system equipped with LCD screen and compatible with the ChargePoint Network, allowing for specialized pricing policies/access controls, generation of usage/energy reports, etc. Model: CT-4023-GW1 w/ CT4000 – PMGMT Dual-plug, type J1772, power management control, and power per outlet of 2.88-5.76 kW.

Boost 40. Upgrade to 43 kWh of battery storage, enough energy to provide approximately 120 e-miles of vehicle range, for a total EV ARC 2020 range of up to 265 e-miles.

Emergency Power Panel. Vital energy access for first responders, emergency medical preparedness, emergency power supply during power outages, energy access during or after extreme weather events. 6 kW 120/240V Solar Generator. Total continuous power - 25A @ 240VAC max. 1x 30A main 240V breaker. 2x 20A push to reset 120V breakers.

This order does not include options.

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

The C.W. Bill Young VAMC is approximately 10 feet above sea level and located on the Boca Ciega Bay. Located in Tampa, FL, this campus faces annual risk of flooding from rain, as well as storm surge from hurricanes. The Beam Global ARC-EC3 suspends the battery storage components approximately eight (8) feet above the ground level—avoiding damage to the system. Based on market research, the other products reviewed by the subject matter expert in the marketplace have battery components located closer to ground level, and risk flood damage. There is only one vendor who is also the manufacturer that supplies these items on an existing government contract.

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

Effective Date: 02/01/2022 Page 3 of 5

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination:

The anticipated cost to the Government will be considered fair and reasonable in accordance with FAR 8.404 (d). Supplies offered on the schedule are listed at fixed prices. GSA has already determined the prices of supplies and fixed-price services under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against an FSS schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Contracting issued a Sources Sought Notice# 36C24823Q1616 to Contracting Opportunities. Ten

(10) businesses responded: One (1) could not be verified in System for Award Management (SAM), three (3) Service-Disabled Veteran-Owned Small Business (SDVOSB), one (1) 8a Small Business, one (1) Economically Disadvantaged Woman Owned Small Business (EDWOSB), and three (3) other Small Businesses responded to the Sources Sought Notice. According to the responses, all but one response is available on existing government contract.

Contracting was unable to determine one SDVOSB’s capability. The second SDVOSB provided an informal estimate for equal products from a small business manufacturer. However, the informal estimate was 9% over the Independent Government Cost Estimate (IGCE) based on Federal Supply Schedule (FSS) pricing. The third SDVOSB stated that they could provide the Brand Name items from Beam Global. One Small Business stated they could distribute the Brand Name products from Beam Global as well. However, Beam Global’s Vice President of Sales confirmed that their sales are direct and uses zero (0) authorized distributors or resellers.

Effective Date: 02/01/2022 Page 4 of 5

An 8(a) Small Business, an EDWOSB, and Small Business provided capabilities to distribute an Equal product. Upon review of the descriptive literature received, the products do not meet all the required salient characteristics. Based on review of these responses, there is no reason to believe that there are alternatives that may be able to meet the government’s requirements at fair and reasonable prices at this time.

Another Small Business, Beam Global, manufactures and is the sole distributor of the Brand Name items listed in the requirement. Beam Global has a contract with GSA: MAS# 47QSWA21D0006 and BPA# 47QMCA22A0004. Therefore, their pricing has been predetermined to be fair and reasonable.

(7) Any Other Facts Supporting the Justification: There is only one vendor that is currently available on GSA for Electric Vehicle Supply Equipment (EVSE) Solar/ Off-grid line items. This GSA contract provides the best value to the government.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made: The Department of Veterans Affairs will continue to seek vendors capable of providing these supplies in future procurements. The market will be continually assessed to determine if other vendors can provide the required supplies. However, at the present time, based on available market research, there are no other known vendors capable of providing the required supplies other than Beam Global on an existing government contract.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

Effective Date: 02/01/2022 Page 5 of 5

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer’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 the SAT but not exceeding $750K):

I certify the justification meets requirements for other than full and open competition.