FAR 13.5 Brand Name JA Steam Sterilizer Final.pdf

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Attached to
Steris Steam Sterilizer Federal contract opportunity
Solicitation number
36C24722Q0636
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 7

About this file

This document is a sole source justification for the procurement of two Steris steam sterilizers by the Department of Veterans Affairs. The VA medical center requires replacements for aging sterilizers used to sterilize surgical instruments and equipment. The justification cites FAR Part 13.5 authority to restrict competition due to facility design compatibility issues requiring the same brand. Market research found two authorized Steris resellers but no set-aside was possible. The anticipated $315,250 contract will be competed through an unrestricted RFQ posted to SAM. The related opportunity posting provides further details on the combined synopsis/solicitation for the sterilizers under solicitation number 36C24722Q0636.

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RFQ 36C24722Q0636 Steris Steam Sterilizer.pdf PDF

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SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Last Updated: 02/01/22

DEPARTMENT OF VETERANS AFFAIRS

Acquisition Plan Action ID: 36C24722AP3003

1. Contracting Activity: Department of Veterans Affairs, VISN 07, WJB Dorn VA Medical Center, 6439 Garners Ferry Rd, Columbia, SC 29209, PR 544-22-4-126-0175

2. Nature and/or Description of the Action Being Processed: This brand-name procurement is for two (2) Steris Corporations Steam Sterilizers. Method of procurement will be a new firm fixed priced purchase order 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 Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

3. : The WJB Dorn VA Medical Center Sterile Processing Service requires two (2) Steris Corporations, Evolution 26 x 37.5 x 66, Prevac, Stainless, Double Door, Lr Hinge, Rec-2-Wall, 480V, Steam Sterilizers. These will be replacements for the sterilizers currently installed at the facility which have reached the end of their life cycle. The equipment being requested will be used to sterilize instruments, instrument trays and equipment for clinical and surgical procedures. The total cost to include the equipment and installation is estimated at $315,250.84. The expected delivery/install date will be within 60 days after receipt of order (ARO).

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, including Brand Name.

( ) 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. Acquisition

Requires the Use of the Authority Cited Above (applicability of authority): The current Steris sterilizers were installed 10 years ago as part of a design build, therefore the facility is outfitted for the Steris equipment to fit seamlessly into the existing space. The equipment manufactured by Steris Corporation is the only product that mirrors the fit and function of the currently installed equipment.

Changing to a different manufacturers equipment would result in the added cost of modifying the plumbing, drainage, electrical, and structure of the existing building in order to accommodate equipment of a different design.

Last Updated: 02/01/22

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Steris Corporations Capital Accounts Manager, Kimberly Brown was contacted regarding any potential authorized resellers/installers of the Steris equipment. She confirmed that they have two authorized resellers, 1st American Medical Distributors, and Derrah Morrison Enterprises, LLC. Both are verified SDVOSBs. However, the required items were not found on the NMR Class waiver list therefor no set-aside is possible. This requirement will be solicited by posting an unrestricted brand-name RFQ to SAM.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: It is anticipated that there will be competition for this requirement. Price Fair and Reasonable will be determined by comparison of competitive quotes IAW FAR Part 13.106-3(a)(1)

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by discussing the requirement with interested parties, gathering information from the end user, and examining the acquisition history of the same item.

9. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: See paragraph 6

10. 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:

This will be a competitive acquisition limited to name-brand items only. Full and Open competition is not possible due to the current configuration of the facility. The only option to increase competition would be to expend additional funding to modify the existing structure.

11. 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.

Last Updated: 02/01/22

Ravenel Bright Asst. Chief, Sterile Processing Services

WJB Dorn VA Medical Center

12. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Jason S. Compton Contracting Officer, NCO7

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.

Millicent Ball Branch Chief, NCO7

2022-04-27T09:40:42-0400
Millicent Ball 115412

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