FY25 Sterilelink JOFOC.pdf

Subpart 13.5 - Sole Source Award Justification

Pursuant to the Federal Acquisition Regulations (FAR) subpart 13.501(a)(l) and the Bureau of Prisons Acquisition Policy (BPAP) 13.302-70, The Federal Bureau of Prisons (BOP) has determined the procurement of maintenance services for the Federal Correctional Institute, Butner, North Carolina, is exempt from the requirements in part 6 (i.e. , Full and Open Competition). This exemption of competition is justified in accordance with Federal Acquisition Regulation (FAR) Subpart 13 .5. Prepare sole source justifications using FAR 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C. 1901 or the Authority of 41 U.S .C. 1903. Only one responsible source is capable of providing services to the institution, and that such an award would prevent serious injury, financial , or other liabilities to the Government. This limitation on competition is justified as supported by the following information:

FAR 6.303-2(b)(l): Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for other than full and open competition."

The U.S. Department of Justice Federal Bureau of Prisons Federal Correctional Complex Butner (FCC Butner) Old NC Hwy 75 Butner, NC 27509

FAR 6.303-2(b )(2): Nature and/or description of the action being approved.

FCC Butner intends to award a sole source purchase order to Sterilelink for the maintenance and support of the Sterilizers. This award is to continue maintenance starting October 1, 2024 through September 30, 2025. Sterilelink is the only responsible source and no other supplier will satisfy the agency requirements for the maintenance.

FAR 6.303-2(b )(3): Description of the supplies or services required to meet the agency's needs (including the estimated value).

FCC Butner utilizes several sterilizers to help support our medical mission. These sterilizers are used to sterilize all of the operating room equipment. If routine maintenance is not conducted and the equipment breaks, then it would cause all operating room functions to cease. This would cause a substantial delay in care and disrupt our mission. The maintenance agreement covers four inspections, replacement parts, and all callbacks for equipment failure on 10 different sterilizing equipment at FCC Butner. Estimated value of services required is $50,900.00.

FAR 6.303-2(b )( 4): An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 10 U.S.C. 3204(a)(l) or 41 U.S.C. 253 (c)(l), as amended, the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency. The exception which permits use of the cited statutory authority are stated at FAR 6.302-l(a)(2), "When the supplies or services required by the agency are available .from only one responsible source ... and no other type of supplies or services will satisfy agency requirements" . FAR 6.302-1 ( a)(2)(ii) further states, "Supplies may be deemed to be available only from the original source in the case of a follow-on contract for the continued development or production of a major system or highly specialized equipment, including major components thereof, when it is likely that award to any other source would result in (BJ Unacceptable delays in fulfilling the agency 's requirements."

FAR 6.303-2(b)(5): A demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited.

Sterilelink is the current provider of sterilizer maintenance and support at FCC Butner. The sterilizers were originally purchased through Sterilelink. Changing vendors will disrupt current service and support in progress. In addition, financial impact to the government would be significantly higher maintenance is not preformed regularly.

FAR 6.303-2(b)(6): A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

A Justification was posted on SAM.gov giving other vendors an opportunity to provide a capability statement.

FAR 6.303-2(b )(7): A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

Price is considered fair and reasonable based on previous year pricing of services.

Far 6.303(b)(8): A description of the market research conducted and the results or a statement of the reason market research was not conducted.

No market survey was conducted.

FAR 6.303-3(b )(9): Any other facts supporting justification.

Sterilelink is the original vendor that the sterilizers were procured from and warranty was issued through.

FAR 6.303-3(b )(10): A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No interest was expressed.

FAR 6.303-3(b)(ll): 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.

This sole source will be posted to SAM.gov every year offering a chance for other vendors to submit their capabilities.

FAR 6.303-3(b)(12): Contracting officer's certification that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.

I hereby certify that this request for Justification and Approval of Other than Full and Open Competition is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify that this request is not the result of lack of advance planning.

Contract Specialist FCC Butner Date

I hereby certify that the supporting data, provided by the technical and requirements personnel, which form the basis for this justification is complete and accurate to the best of my knowledge and belief.

r, Christy Bunn Complex ealth Services Administrator FMC Butner

Date l '