JA Redacted.pdf

Attachment 7: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 01 Effective Date: 04/01/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C248-23-AP-3655

1. Contracting Activity: Department of Veterans Affairs, VISN 08, Network Contracting

Office (NCO) 8, 8875 Hidden River Pkwy., Suite 570, Tampa, FL 33637, in support of the 2237# 673-23-

3-6049-0061.

2. Nature and/or Description of the Action Being Processed: This procurement is for a new firm-fixed price contract to provide Cryogenic Photon Absorption Spectroscopic Analysis services at the James A. Haley Veterans Hospital (JAHVH), 13000 Bruce B. Downs Blvd., Tampa, Florida. This acquisition is conducted under the authority of 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 contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the Cryogenic Photon Absorption Spectroscopic Analysis using InGaAs liquid nitrogen cooled photon absorption spectrometer for all low and medium voltage (13KV-60V) circuits and equipment.

These services shall provide routine preventative and corrective maintenance to ensure optimal working conditions and lessen the likelihood of downtime.

The InGaAs liquid nitrogen cooled photon absorption spectrometer equipment used will allow for an analysis of energized (13.2 KV-60V) circuits and equipment without removing any front or back covers, eliminating the exposure of any personnel to live energized switchgears.

The estimated value of this procurement including the base and all option periods is:

$730,617.56. The resultant contract will be for a one (1) year base period estimated to begin on 08/21/2023, and four (4) one-year option periods. As such, there will be five (5) Line-Item Numbers (LINs). The detailed estimated amount per period including a 3% annual increase is as follows:

Period Amount Base Year $137,615.16 First Option $141,743.61 Second Option $145,995.92 Third Option $150,375.80 Fourth Option $154,887.07

VHAPG Part 806.3 OFOC Page 2 of 4

Effective Date: 04/01/23

The resulting solicitation/contract will include the following LINs:

Line Item Description Quantity Unit of

Issue 0001 Base Period Full scale analysis as stated in the

SOW

1 JB

1001 First Option Full scale analysis as stated in the

SOW

1 JB

2001 Second Option Full scale analysis as stated in the

SOW

1 JB

3001 Third Option Full scale analysis as stated in the

SOW

1 JB

4001 Fourth Option Full scale analysis as stated in the

SOW

1 JB

4. Statutory Authority Permitting Other than Full and Open 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 USC §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) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

5.

Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

McCabe & Associates, LLC is the only source for the required support and preventative maintenance. Also, there are no third-party service organizations that have the expertise, experience, and equipment to perform the Photon Absorption Inspections. McCabe & Associates implement customize solutions as the original equipment manufacturer (OEM), verified in their sole-source letter provided to the Government. McCabe & Associates do not authorize third party vendors to purchase or service their equipment. McCabe & Associates provided documentation that their equipment is different than others by using Photons instead of infrared camera to look at heat. The difference is safety. By looking at Photons instead of heat, no electrical cover, panel, or barriers need to be removed. Thus, making for a safer process. McCabe & Associates is the only company identified that can perform this type of inspection.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A Sources Sought, Special Notice of Intent to Sole Source, was issued on 5/10/2023 through 5/17/2023, RFQ# 36C24823Q1052 that requested any vendor capable to furnish all labor, transportation, tools, and parts necessary to provide Cryogenic Photon Absorption Spectroscopic Testing and Maintenance at the JAHVH to respond. Only one responsible source responded, McCabe & Associates. Also, queries were conducted in the Veteran Small Business Certification (VetCert), as well as Federal Procurement Data System (FPDS). However, as confirmed by the OEM of the equipment

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Effective Date: 04/01/23 used for this specialized type of inspection to be used at JAHVH, there are no authorized dealers or distributors of the Photon equipment. The original equipment manufacturer is the only vendor that can provide preventative and corrective maintenance services to the Photon equipment.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The contracting officer will use any or a combination of the following techniques for making a fair and reasonable price determination before award. The anticipate service. Request pricing information to the contractor for similar services provided to other agencies or provide private companies. Request to the original equipment manufacturer any official price list available and compare the quote received with the list price. Search the Federal Procurement Data System (FPDS) to identify awards made to McCabe & Associates, LLC and request information to such COs in order to compare the prices offered to the JAHVH with those awarded to other agencies.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The market research demonstrated that only McCabe & Associates can satisfy the Government need. A search was conducted in Veteran Small Business Certification (VetCert) database to identify capable Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) vendors. The search was conducted using a combination of NAICS: 238990 and PSC: H161.

Results provided zero (0) SDVOSB or VOSB companies capable to fulfil this requirement.

Due to the proprietary nature of the equipment, there are no other vendors that can provide the services and equipment needed.

An exclusivity letter from McCabe & Associates, LLC which is the original equipment manufacturer, is uploaded in the action briefcase. McCabe & Associates, LLC is the sole authorized entity to maintain the Photon equipment.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The JAHVH power sources must be maintained and in always working order to guarantee continuous and uninterrupted treatment of the patients being provided care. McCabe & Associates, LLC is the only vendor that can provide Photon inspection support. No other company can provide the required inspections and support of equipment, to enable timely repairs. This procurement for the preventative Photon inspections and services provided only by McCabe & Associates, LLC will adhere to the mandated equipment and maintenance standards.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: McCabe & Associates, LLC, Unique Entity Identifier (UEI) number CNWJHMJ6VZ37.

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 is currently only one source for the required specialized equipment

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Effective Date: 04/01/23 needed to conduct the Photon inspection services. The contracting officer will continue to conduct market research and synopsize future requirements for the same services to see if any additional vendors can provide the services to the Government.

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.

Daniel Holdridge Date Maintenance Supervisor Tampa VAMC

13. 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.

Paul Jarrett Date Contracting Officer

NCO-8

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.

Steven Scharlow Date Branch Chief - Services

NCO 8 - Tampa VA