J_A.pdf

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID:36C263-21-AP-0322

1. Contracting Activity:

Department of Veterans Affairs Network Contracting Office 23 2501 W. 22nd Street Sioux Falls, SD, 75105 Procurement Title: Steris Sterilizer Maintenance Service – IC Procurement Requirement Number: 636-21-3-4045-0025

2. Nature and/or Description of the Action Being Processed:

This requirement will be for an initial Firm-Fixed Price services contract with four option years with Steris, Corporation, the Original Equipment Manufacturer (OEM) of the Steris sterilization equipment at the Iowa City VA facility located in Iowa City, IA. The services to acquired will include scheduled preventative maintenance as well as emergent maintainenace for emergency repair of the sterilization equipment.

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

The services will consist of scheduled preventative maintenance as well as emergent maintenance of all Steris sterilization equipment. The service includes 24/7 phone support as well as software support of the equipment. The period of performance will be one calendar year with four one-year options starting on 04/01/2021. If all four option years are exercised the contract will expire on 03/31/2026. The estimated total dollar value for the base year will be and the total if all four option years are exercised the total dollar value will be .

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

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

( ) 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):

The OEM has asserted their proprietary rights to the Steris brand sterilization equipment that is used at the VA Iowa City Health Care System facility and has provided a letter stating that their equipment is proprietary and that they do not authorize any third-party service dealers. Accordingly, Steris Corporation is the only firm capable of providing the services described in Section III above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

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

Steris Corporation as the OEM is the only vendor authorized to maintain their equipment. A notice of intent to sole-source was posted on Government Opportunities and as of the expiration of the notice no responsible vendors had replied with any proof that they were authorized and capable of maintaining the equipment.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable:

The Contracting Officer will compare pricing with industry standards and GSA pricing lists to ensure that the price 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:

Market research was conducted by posting an intent to sole-source as well as email and phone conversations with the OEM’s sales representative for the region.

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

None.

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

1 – Steris Corporation – the OEM;

2 – A & B Technical – non-responsive; could not provide a letter from the OEM authorizing them to provide third-party maintenance on Steris equipment;

3 – Sustainment Technologies – provided an authorization letter from Steris dated March 22, 2019, but could not provide a current letter. According to Frances Gagliano, the Senior Service Sales Specialist at Steris, the letter is no longer valid and Sustainment Technologies is no longer authorized to provide the required maintenance.