JOFOC Medivators___Redacted.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Sole Source Justification Format >SAT

Rev: 13 Effective Date: 02/01/22 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-23-AP-0103 – Medivators Multi Site Requirement

1. Contracting Activity: Department of Veterans Affairs

Network Contracting Office 2 20 Madison Ave Ext Albany, NY 12203

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

• This requirement is for preventative maintenance services on Medivators Endoscope

Reprocessor Units in use at the Albany Stratton VA, Finger Lakes VA Healthcare System and Western New York VA Healthcare System. This is a multi-site requirement.

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

• To ensure proper operation, it is crucial that a service plan is in place to perform preventative maintenance, upgrades and repairs on the Medivators Endoscope Reprocessor Units utilized by the Albany Stratton VA, Finger Lakes VA Healthcare System and Western New York VA Healthcare System.

• The estimated cost of this service is per year for a base period plus four one-year option periods totaling .

• Funding is in place as follows:

4. Statutory Authority Permitting Other than Full and Open Competition

(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;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

Effective Date: 02/01/22 Page 2 of 4

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

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

• A signed and dated proprietary letter was received from Tom Arcand, Government

Contracts Manager for STERIS Corporation indicating that

The letter goes on to mention that there are STERIS authorized small business distributors of the equipment, however, STERIS is the only entity qualified to service the equipment.

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

• A Special Notice of Intent to Sole Source was posted to Contract Opportunities on

November 8th, 2022 requesting responses within seven business days. Two responses were received in response to the notice, the first response received was from Sustainment Technologies indicating that they were authorized by the Original Equipment Manufacturer (OEM) to service STERIS equipment. While they may be authorized to service certain STERIS equipment, a signed letter received from STERIS indicates that they are the sole authorized provider of the services being requested for the endoscope reprocessors. A second response was received from Interscan Corporation where the company representative stated that “we are not a supplier of the automated endoscope reprocessors, nor do we get involved with their maintenance.” Their response served no purpose other than to advertise the company.

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

• The cost quoted by STERIS is commensurate with previous costs for identical services provided. The anticipated cost is in line with the Government’s Independent Cost Estimate and prices for similar contracts at other facilities.

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

Reasons Market Research Was Not Conducted:

• A search of VIP was conducted utilizing NAICS code 811219 (VIP has yet to update its database to reflect the new crosswalk NAICS 811210) along with keyword “Medivators” that returned no results. A second VIP search was conducted utilizing NAICS 811219

Effective Date: 02/01/22 Page 3 of 4 along with the phrase “advantage plus.” This also returned no results. “Advantage plus” was used as this is the model name of the re-processors to be serviced.

• A search was conducted on GSE eLibrary for the term “Medivators.” This did yield results, however all results pointed to supply contracts established which do not offer servicing of equipment. A second search of GSA eLibrary was conducted using the term “STERIS.” This also resulted in established supply contracts. Published price lists do not contain any line items related to servicing equipment.

• A Google search was conducted for the phrase “STERIS endoscope reprocessor service.”

The resulting web pages through the first two pages of results were links to the STERIS website or to product service manuals and other information related to endoscope reprocessors. This is further confirmation that this requirement is indeed a true sole source requirement and is only available through the OEM, STERIS Corporation.

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

• The previous single-site requirements for this service were all awarded to Medivators, Inc. due to the proprietary nature of the services, now owned by STERIS Corporation.

The resulting market research performed here, including the Special Notice of Intent to Sole Source, has failed to identify potential contractors other than the OEM, STERIS Corporation.

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

• STERIS Corporation - OEM

• Interscan Corporation – Responded to the Notice of Intent to Sole Source stating that

“we are not a supplier of the automated endoscope reprocessors, nor do we get involved with their maintenance..”

• Sustainment Technologies - Responded to the Notice of Intent to Sole Source indicating that they were authorized by the Original Equipment Manufacturer (OEM) to service STERIS equipment. While they may be authorized to service certain STERIS equipment, a signed letter received from STERIS indicates that they are the sole authorized provider for the services being requested for endoscope reprocessors.

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:

• As a proprietary service with only one source capable of performing the requirement, a path for competition will arise only in the event that the service is deemed non-proprietary with contractors other than the OEM able to perform.

Effective Date: 02/01/22 Page 4 of 4

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.

Name – Joseph Patience Date Title – Administrative Officer Facility – VA Finger lakes

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.

Name – Michelle Harsch Date Title – Contracting Officer Facility – Network Contracting Office 2

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 co

Name – Cheryl Brimmer Date Title – Branch Chief, Services Team 1

Facility – Network Contracting Office 2 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx