Justification and Approval_Redacted.pdf

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

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REVISION: 0

Acquisition ID#: 36C257-24-AP-4909

Acquisition Plan Action ID: 36C257-24-AP-4909

JOFOC #: FY25-NCO 17-228

1. Contracting Activity: Department of Veterans Affairs, VISN 17, Central Texas Veterans Healthcare System, .

2. Nature and/or Description of the Action Being Processed: This procurement is for maintenance and repair services for Xenex Ultraviolet disinfection robots currently at Central Texas Veteran Healthcare System (CTVHCS).

The current contract with Xenex Disinfection Services Inc.

(36C25720A0004/36C25720N0164) is in its last option year with an expiration date of 1/31/2025. This will be a Firm Fixed Price contract to maintain and repair the equipment that is already in place at the facilities. Estimated total contract value is .

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The contractor shall provide all resources necessary to accomplish the Maintenance and Repair Services for sixteen (16) Xenex Pulsed Xenon Broad Spectrum Ultraviolet Room Disinfection Robots for CTVHCS. In the event services cannot be completed on campus, the contractor will provide a loaner Xenex Broad Spectrum Ultraviolet Room Disinfection Robot at no cost to CTVHCS until the Xenex Broad Spectrum Ultraviolet Room Disinfection Robot can be returned, set up and working properly at its designated area. The equipment and services provided by the contractor will aid in the prevention of Hospital acquired or associated infections.

This requirement will be a base plus four (4) option years contract with a period of performance of 2/1/2025 – 1/31/2030.

The contractor will perform preventive maintenance and repair, to include:

a. Replacement lamps

b. Replacement parts for maintenance and repairs covered in the Terms & Conditions and Warranty

c. Repair or replacement of the Robot by Xenex if it does not properly operate due to a manufacturing defect.

d. Remote diagnostic and telemetry collection

e. An account Executive will be assigned to CTVHCS to develop and implement a

Confidential Standard Operating Plan customized for CTVHCS initial robot, user, and facility configuration.

f. On-going consultation

g. Software upgrades

h. 24/7 customer support line

i. Predictive Maintenance (PM) monitoring and proactive notification

j. Access to the Xenex Disinfection Management System Portal

k. Monthly performance and compliance reports

l. Online operator training materials

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

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

Page 2 of 4 Effective Date: 02/01/2022

REVISION: 0

Acquisition ID#: 36C257-24-AP-4909 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

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

Xenex Disinfection Services Inc. is the original equipment manufacturer (OEM) of the (16) Xenex Pulsed Xenon Broad Spectrum Ultraviolet Room Disinfection Robots to be serviced at CTVHCS.

As stated in the sole source letter from the company, “Service and repairs to the Xenex Pulsed Xenon Broad Spectrum UV Robot may only be performed by Xenex Disinfection Services Inc. or your Xenex Certified Technician. Because of the unique, proprietary, and comprehensive nature of Xenex’s service and warranty plan, it is not possible for this function to be completed by another source other than one trained and certified by Xenex to perform the maintenance and repairs.”

Xenex has stated “Xenex is the only vendor that can provide services/maintenance”. Xenex Certified Technician are contracted through Xenex and are not authorized to provide their own proposals.

The contractor must have direct access to original parts, instructions, service guidelines and software. Only Xenex provided lamps and other parts for the robots are permitted to be installed on the robots, in order for the equipment to be fully functional and maintain its warranty.

Accordingly, Xenex is the only firm capable of providing the supplies and services described in Section 3 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:

Sources Sought (SS) Notice: A SS was posted to Contract Opportunities on 9/9/2024 with a closing date of 9/17/2024, to find If any other sources were capable of performing the services requested. One response received from

, SDVOSB, on 9/9/2024 stating they were interested in the requirement, however, when the vendor was asked to confirm that they have” trained Xenex Certified Technician who are authorized to perform the services requested”, no further communication was received. The Contract Specialist (CS) also reached out to Xenex directly to confirm that no other vendor is certified to work on their UV robots, and they confirmed this via an email dated 10/22/2024. This email is uploaded to the Acquisition Plan briefcase.

One other response received was from , a vendor with different equipment. The vendor was suggesting the VA purchase and utilize their equipment instead of what was already in place at the facility. The facility is not interested in purchasing and/or utilizing new