FAR 13.5 Sole Source Justification (36C242-23-AP-0316).R1_Redacted.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

36C242-23-AP-0316

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C242-23-AP-0316

BRAND NAME ONLY

1. Contracting Activity: Department of Veterans Affairs, VISN 2

Network Contracting Office 2 (NCO 2), FDR Campus, 2094 Albany Post Rd., Route 9A, Montrose, NY 10548 for: Nutrition and Hospitality Service Center, James J Peters VA Medical Center, 130 W Kingsbridge RD, Bronx, NY 10468

Purchase request (2237) number: 526-23-1-3087-0003

Nature and/or Description of the Action Being Processed:

This procurement is for one Girton Cart Washer Model 0- with installation 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.

This action will be awarded as a new firm-fixed-price contract.

Description of Supplies/Services Required to Meet the Agency’s Needs:

JJPVA N&HSC is currently seeking to replace its current Girton Custom Model 80-O Cart Washer. The desired replacement model for current cart washer is a direct replacement: Girton Custom Model

No. 80-O Washer. This is an exact replacement to fit within the existing space and utilize existing utilities. The utilities serving the 80-O washer are located in close proximity to the washer. The location of the utilities is a limiting factor as it relates to the overall width of the washer and the location of the wall separating the washroom. This cart washer is custom and peculiar to one manufacturer.

Estimated value: .

Delivery date: 180 days ARA.

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:

36C242-23-AP-0316

Effective Date: 02/01/2022 Page 2 of 4

(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

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

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

This is an exact replacement to fit within the existing space and utilize existing utilities. There is a wall between two rooms, creating a barrier between the load side of the washer (washroom soiled side) and the unload side (washroom clean side). Minimum wash compartment dimensions are 46” wide, 88” high x 100” long, as measured from the inside of the wash compartment, door to door.

Overall dimensions of the washer may not exceed 108” long x 89” wide x 118” high. This limit is needed to allow the washer to fit in the existing openings, with the unload side door centered on the rough opening between both rooms. The overall width of the unit may not exceed 89” because of the location of the current utilities (hot water, steam, cold water, and electrical service). The overall length of the unit cannot exceed 108” because of the location of the entry to the room where soiled items would enter and be loaded. Washer’s whose length exceeds 108” would interfere with this critical need.

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

Market research was conducted, details of which are in the market research section of this document. A Sole Source Letter was received from Girton Manufacturing Co., Inc., and Special Notice - Intent to Sole Source 36C24223Q0219 was issued January 3, 2023 through January 11,2023.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

This is a sole source request. The Government will use various analyses and conduct price comparison based on historical data in accordance with FAR 1 to ensure market fairness; and acquisition at reasonable, cost-effective value.

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Effective Date: 02/01/2022 Page 3 of 4

Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted:

This requirement is for the Girton Cart Washer Model 80- . The 80-O is a heavy duty, large capacity hydrospray washer designed for thorough, efficient cleaning of tubs, trees, carts and other miscellaneous items used in the Food Industry.

Received a letter dated December 30, 2022 signed by Wm. Bruce Michael, Sales Director, Girton

Manufacturing Co., Inc. confirming that the Girton Model 80- Cart Washer is a sole source product, sold exclusively by TriMark Gill Marketing.

There are no other agents or dealers authorized to represent this product in the state of New York.

Published to Contract Opportunities Special Notice ID: 36C24223Q0219, 7320 - Intent to Sole Source

Girton Model 80- Cart Washer to Gill from January 3, 2023 through January 11, 2023.

No responses were received.

Conducted a search of the VIP database using NAICS Code 33310 (Commercial and Service Industry

Machinery Manufacturing) and keywords Girton and Cart Washer. No SD/VOSB contractors were found.

Conducted a search of the SBA DSBS database using NAICS Code 33310 (Commercial and Service

Industry Machinery Manufacturing) and keywords Girton and Cart Washer. No small business contractors were found.

Conducted a search on GSA Advantage using keywords Cart Washer plus Girton, and Cart Washer plus Gill. No items were found.

Verified via VIP database that Gill Group SAM UEI: RDN5HNBNV2D4 is not a verified SD/VOSB.

Verified via SBA DSBS database that Gill Group SAM UEI: RDN5HNBNV2D4 is not registered as a small business.

Verified via SAM.gov that Gill Group SAM UEI: RDN5HNBNV2D4 is currently registered with an expiration date of March 24, 2023, and they have no exclusions.

Verified via FedDataCheck that Gill Group, Inc is rated green with no issues found that would prevent them from receiving an award.

This requirement does not meet the VA Rule of Two.

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

There is no other like item or product available for purchase that would serve the same purpose, function, or fit into the existing area.