FAR 13.5 Sole Source Justification - 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

Effective Date: 11/15/24 Page 1 of 4

REVISION: 01

Acquisition ID#: 36C250-25-AP-2587

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C250-25-AP-2587

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Dayton VA Medical

Center, 4100 W Third St, Dayton, OH 45428.

552-25-4-121-0084

2. Nature and/or Description of the Action Being Processed: This procurement is for Patient Ceiling Lifts (Brand Name) 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 is to procure Guldmann Ceiling Lifts for the Dayton VA Medical Center where only one source may be where “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements”.

This will be a new contract and will be awarded as a Firm-Fixed-Price contract.

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

a. Replace 63 Guldmann Ceiling, Patient lift with Guldmann GH3+ 605lbs SWL Hoist w/Scale & Hanger Bar.

b. Replace 3 Guldmann Ceiling, Patient lift with Guldmann GH3+ 605lbs SWL Hoist w/ Trainer Module, Scale & Hanger Bar. Includes Positioning Lock Kit

c. Replace 3 Guldmann Ceiling, Patient lifts with Guldmann GH3+ 825lbs SWL Hoist w/Scale & Hanger Bar.

d. Replace 3 Guldmann Ceiling, Patient lift with Guldmann GH3+ Twin 1100lbs SWL Hoist and Hanger Bar.

e. 1 - 4x4 Room Covering System GH3+ 825lbs SWL Hoist w/Scale & Hanger Bar

f. 1- 5x5 Room Covering System GH3+ 825lbs SWL Hoist w/Scale & Hanger Bar

g. 1- GH3+ 605lbs SWL Hoist w/Trainer Module, Scale & Hanger Bar. Includes Positioning Lock Kit 4x4 into straight.

h. 72 - Certified Installation – Hoist Replacement

i. 1 – Certified Installation, up to 8 drops. (Includes 1 mobilization/phase) Includes uninstall of prior system below ceiling grid.

j. 1 – Certified Installation, up to 10 drops. (Includes 1 mobilization/phase) Includes uninstall of prior system below ceiling grid.

k. 1 – Certified Installation, up to 14 drops. (Includes 1 mobilization/phase) Includes uninstall of prior system below ceiling grid.

l. 1 set of Stamped Engineered Drawings

Total estimated value: $

Effective Date: 11/15/24 Page 2 of 4

Acquisition ID#: 36C250-25-AP-2587

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

( ) 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):

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.

Guldmann Ceiling lifts (Brand Name only) will meet this requirement.

The Dayton VA currently uses Guldmann Patient Ceiling Lifts in the day-to-day operations.

This equipment plays a critical role in safe patient handling. Recently, certain parts of this equipment have approached or exceeded their operational lifecycle, require replacement to maintain optimal performance and continue meeting our operational , patient safety handling objectives.

The replacement parts from Guldmann are specifically designed for seamless integration with the current equipment installed. Using parts from the same manufacturer ensures full compatibility, reduces the risk of operational issues/patient handling mishaps.

Continuing to use Guldmann’s parts ensures the terms of the existing, equipment's warranty stays intact and receives the necessary support from the manufacturer.

Replacing the entire Guldmann Ceiling, Patient Lift system adds extra cost to the VA. By replacing the patient lift motor, only allows the VA to save Government money and valuable personnel resources.

Using Guldmann Ceiling, Patient lifts are essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company.

Accordingly, Guldmann lifts are the only lifts capable of providing the supplies described in Section 3 above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition .

The majority of the procurement is replacing lift motors, which is one part of a whole system.

Manufacturers do not mix a motor with another manufacturer’s ceiling railing system and a sole source (brand name) requirement is needed to procure replacement Guldmann ceiling

Effective Date: 11/15/24 Page 3 of 4

Acquisition ID#: 36C250-25-AP-2587 lifts. Replacement Guldmann ceiling lifts fit into the existing Guldmann railing system in use at the medical center. A low percentage of the procurement is installation of new Guldmann lift systems. Physical characteristics of the Guldmann lifts will be used. This will be purchased as a “Brand Name” purchase. Only Guldmann lift motors may replace the existing Guldmann lift motors currently in-place.

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

Researched to see if the manufacturer of the lifts has any authorized SDVOSB dealers and they only have one.

Due to the manufacturer of the ceiling lift (Guldmann) only having one authorized SDVOSB reseller, the rule of two cannot be met. The Manufacturer, Guldmann is incorporated in the United States in SAM.gov and is classified as a Small Business in SAM.gov under NAICS 339113. Following the guidelines of the NMR Decision Tree, a SDVOSB is a reseller of a small business manufacturer.

However, there is only one authorized SDVOSB reseller and the rule of two cannot be met.

Following FAR 6.101 and to promote competition this procurement should be set-aside for Small Business to compete the procurement between the only two Guldmann lift sources.

a. Guldmann Inc, a Small Business under NAICS 339113

b. Premier Medical Distributors, SDVOSB, only SDVOSB certified Guldmann lift dealer.

They show current SBA registration in the Dynamic Small Business Search (DSBS).

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: There are multiple contracts awarded for the procurement of Guldmann Ceiling Lifts throughout the VA over the past year. Prices received through a proposal will be reviewed against recent purchases of the same equipment to determine if the Government is receiving pricing that is Fair and Reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Due to the manufacturer of the ceiling lift (Guldmann) only having one authorized SDVOSB reseller, the rule of two cannot be met.

The Manufacturer, Guldmann is incorporated in the United States in SAM.gov and is classified as a Small Business in SAM.gov under NAICS 339113. Following the guidelines of the NMR Decision Tree, a SDVOSB is a reseller of a small business manufacturer.

However, there is only one authorized SDVOSB reseller and the rule of two cannot be met.

Following FAR 6.101 and to promote competition this procurement should be set-aside for Small Business to compete the procurement between the only two Guldmann lift sources.

1. Guldmann Inc, a Small Business under NAICS 339113

2. Premier Medical Distributors, SDVOSB, only SDVOSB certified Guldmann lift dealer. They are current in DSBS.

Effective Date: 11/15/24 Page 4 of 4

Acquisition ID#: 36C250-25-AP-2587

This is a Commercially Available Off the Shelf (COTS) item. COTS are waived from the Buy American Act (BAA) requirements.

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

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

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: There are only two possible, certified vendors. One is a Small Business and on is a SDVOSB. Following FAR 6.101 and to promote competition this procurement is being set-aside for as a Small Business Set-Aside.

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.

Chris Ahn Date Title Facility

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

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.

Brian S. Kish Date Branch Chief, Construction Team 2

NCO 10

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.

Julie A. Stout Date Acting Division Chief, Leasing/Construction/AE

NCO 10

Supervisory Biomedical Engineer Dayton VA Medical Center

7/1/2025

CHRISTOPHER AHN

Digitally signed by

CHRISTOPHER AHN

Date: 2025.06.23 10:05:33 -04'00'

BRIAN KISH

Digitally signed by BRIAN KISH Date: 2025.06.23 12:43:02 -04'00'

JULIE STOUT

Digitally signed by JULIE

STOUT

Date: 2025.07.01 12:14:41 -04'00'