Justification.pdf

Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 2 Revision: 05 Effective Date: 12/15/2025

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C262-26-AP-3365

1. Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service Network (VISN)

22, Network Contracting Office (NCO) 22, on behalf of Long Beach VA Healthcare System (LBVAHCS) Medical Center. Purchase Request (PR): 600-26-3-071-0128.

2. Nature and/or Description of the Action Being Approved: LBVAHCS has an urgent need for a contractor to provide on-site diagnostic medical physics support and services, and to immediately report any unsafe conditions with potential to adversely impact the facility radiation workers or patients to the Radiation Safety Officer (RSO). These services are needed to ensure the facility remains in compliance.

This requirement is for a new, one year, firm-fixed-price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Joint Commission, VHA Directive 1129, and VHA Directive 1105.04 mandate physics testing to be performed on all X- Ray producing equipment. Physics testing must also be performed after a repair, before the equipment can be used on patients. The testing of these imaging systems is a national standard of practice and are recommended by professional societies and standards organizations. Providing required shielding calculations and verification testing is required by OSHA and the NRC in 10 CFR 20 as a part of the radiation protection program to ensure adequate lead lining is installed to limit radiation dose to unrestricted areas occupied by the general public. The estimated contract value is $48,550.00, and the estimated period of performance is 04/01/2026 – 03/31/2027.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38

U.S. Code § 8127(c), as implemented by RFO 6.103-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 (DEVIATION) or VAAR 819.7009 (DEVIATION)- up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business

(SDVOSB).

5. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): RFO 6.103-5 (Authorized or Required by Statute) allows sole source awards to SDVOSB/VOSB based on 38 U.S.C.

8127(c). A-Bear Consult, LLC is a certified service-disabled veteran-owned business (SDVOSB) listed in the SBA certification database, and has been determined to be a responsible source with respect to performance. The business meets eligibility requirements in 819.7003(DEVIATION).

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by RFO 5 and, if not, which exemption under RFO 5.101(b) applies: In accordance with VAAR 819.7008 (DEVIATION) a determination was made that limiting solicitation to a single SDVOSB is in the best interest of the Government. In accordance with RFO 5.101(b)(2), the proposed action will not be publicized.

https://www.va.gov/oal/library/vaar/vaar819.asp#8197008 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009 https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-5#FAR_5_101 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-5#FAR_5_101

Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 2 Revision: 05 Effective Date: 12/15/2025

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The CO will determine price reasonableness by comparing the proposed price with prices found reasonable on previous purchases and the independent government estimate (IGE).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market Research consisted of verifying Certified Veteran firms through the SBA certification database site at https://search.certifications.sba.gov, reviewing similar contracts at other Department of Veterans Affairs medical facilities on SAM.gov, and reviewing the previous contract history for these services. These services are highly specialized, and require a qualified medical physicist to perform the services. A qualified medical physicist is a person who is certified by the American Board of Radiology, American Board of Medical Physics, the Canadian College of Physicists in Medicine, or has state licensure. If any X-Ray equipment requires repairs, that equipment will not be serviceable until it is inspected. LBVAHCS does not have the capacity to self-perform the required inspections. In order to ensure regulatory compliance, it is in the best interest of the Government to procure these services expediently. A-Bear Consult, LLC, a certified SDVOSB, is a known incumbent, and is able to mobilize immediately.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. In accordance with 41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by RFO 6.103-5 (Authorized or Required by Statute), COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 (DEVIATION) or VAAR 819.7009 (DEVIATION)- up to $5,000,000.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: A-Bear Consult, LLC

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: In the future, these services will be procured competitively.

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.

Bryan Garrison Radiation Safety Officer VA Long Beach Healthcare System

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Daniel Kneizeh Contracting Officer

NCO 22

https://www.va.gov/oal/library/vaar/vaar819.asp#8197008 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009 https://dvagov.sharepoint.com/sites/vhapromanual/SitePages/VHAPM-Part-806.3.aspx