JOFOC_Redacted.pdf

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

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 4 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: 36C261 21 AP 4039

1. Contracting Activity: Department of Veterans Affairs, VISN 21, Network Contracting Office 21, 3230 Peacekeeper Way Bldg 209, McClellan, CA 95652 Requiring activity: Biomedical Engineering, VA Southern Nevada Healthcare System, 6900 North Pecos Rd, N. Las Vegas, NV 89086

PR: 593 21 3 140 0215

2. Nature and/or Description of the Action Being Processed: This procurement is for maintenance and support services on BD Pyxis pharmacy equipment at VA Southern Nevada HCS (VASNHCS). The procurement will follow FAR subpart 13.5, Simplified Procedures for Certain Commercial Items, and specifically FAR 13.501 Special Documentation Requirement, 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. The procurement will allow CareFusion technicians to perform maintenance services and software upgrades on all the BD Pyxis pharmacy equipment, a service that only the original equipment manufacturer, CareFusion Solutions LLC, can perform. The proposed procurement is for a new, firm fixed price contract with a base period of one year; the contract will not include option periods.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Biomedical Engineering department at VASNHCS is requesting a service contract for the BD Pyxis pharmacy equipment that was installed in 2020. Services will include software upgrades and updates, hardware updates, routine inspections and maintenance, medication and pharmacy supplies database updates, virus protection updates, operating system patches, interface maintenance, and 24/7 telephone technical support. The period of performance will be 08/01/21 – 07/31/22 with an estimated contract value o .

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

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

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

( ) 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 VASNHCS procured and installed BD Pyxis pharmacy equipment as part of the Medical Center Activations in 2011 and 2012.

The BD Pyxis pharmarcy equipment reached end of lifecycle (EOL) and was replaced in 2020 with the newest version of the pharmacy system, which includes the BD Pyxis ES Software Platforms. The BD Pyxis ES Software Platforms incorporates multiple virtual servers installed at VASNHS; these servers ensure consistency and conformance in the interface to VA VistA systems via VISN 21 BD Pyxis CCE Server Engine, used by all of VISN 21.

CareFusion Solutions LLC is the wholly owned subsidiary of Bection, Dickinson, and Company (BD) and the original equipment manufacturer (OEM) of the BD Pyxis pharmacy system. The system includes propriety equipment and software that only the OEM technicians have access to ensure optimal performance and, ultimately, the best patient care to the veterans. No other company has the data rights and access to provide the needed software updates and monitoring, and no other company has the pharmacy equipment specifications, tools, and training to properly maintain the equipment according to OEM standards.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Searches through mandatory sources, AbilityOne and UNICOR, and existing VA/NAC contract vehicles resulted in zero results. Searches through the Vendor Information Page (VIP) Database revealed no SDVOSB or VOSBs capable of providing the required services. Searches through the SBA Dynamic Small Business Search (DSBS) tool revealed no small businesses in any socioeconomic group capable of providing the required services.

Searches through Federal Procurement Data System – Next Generation (FPDS NG) and Contracting Opportunities revealed multiple Government agencies procuring maintenance services for Government owned BD Pyxis pharmarcy equipment and systems. All procurements identified were awarded on a single source justification.

In an effort to locate additional sources, a Sources Sought Notice was posted to Contracting Opportunities with a drafted copy of the Statement of Work attached to the posting. The Sources Sought Notice was posted on 01 June 2021 with responses due by 04 June 2021. Only one company responded to the posting: Becton, Dickinson and Company (BD) on behalf of its wholly owned subsidiary, CareFusion Solutions, LLC. No other company responded.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer (CO) anticipates the cost of services will be provided to the VA at a fair and reasonable price. The proposed pricing for the new requirement will be compared to historical pricing on task order 36C26119F0619 from VA/NAC Federal Supply Schedule (FSS) 36F79718D0454. The historical pricing was determined to be fair and reasonable with negotiated rates and discounts at the FSS level. Though the VA/NAC FSS was terminated effective 30 June 2020, CareFusion Solutions LLC has offered to honor the FSS pricing from expired contract 36F79718D0454, which will be verified by comparing new prices to the monthly price of the historical task order while taking into account an average of 3% increase per year for inflation. The