Justification Redacted.pdf
PDF 354 KB Posted
- Attached to
- J065--Spirometry Workstation Server Upgrade Service Federal contract opportunity
- Solicitation number
- 36C26322Q0458
About this file
This document is a justification for a sole source contract award. The contract is for spirometry and pulmonary function equipment service and software support awarded to Vyaire Medical, Inc. as the original equipment manufacturer. The proprietary software and equipment require specialized technical support that only Vyaire can provide. A notice of intent to sole source was published on SAM.gov from April 19-29, 2022, which yielded only one response from Vyaire. The anticipated $44,5588.83 contract cost was deemed fair and reasonable based on similar past contracts. Market research included checking verified veteran and service-disabled veteran-owned small businesses on the VIP database and confirming no alternative sources could meet the Veterans Health Administration's requirements within the necessary timeframe without significantly higher costs.
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| File | Type | Posted |
|---|---|---|
| 36C26322C0082_2.docx | DOCX document |
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Text version
VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5
Effective Date: 02/01/2022 Page 2 of 3
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:
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 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):
a. Only one responsible source is capable of providing the required services due to highly specialized medical equipment. The spirometry and pulmonary function equipment communicates with a server system that is proprietary. Vyaire is the only seller fo the proprietary software and owner of the proprietary keys that are needed to service the software.
b. Accordingly, Carefusion 211, Inc, 22745 Savi Ranch Parway, Yorba Linda, CA 92887, is the only firm capable of providing the supplies and services described in Section III 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:
Notice of Intent to Sole Source 36C26322Q0458 published on SAM Contract Opportunities for the period April 19-29, 2022. The only response received was from the OEM.
7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost will be compared with other contracts awarded for identicial or similar services to ensure pricing is considered fair and reasonable.
8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons
Market Research Was Not Conducted:
a. Reviewed the Vendor Information Pages (VIP) database in accordance with VAAR Class
Deviation 810.001-70 to determine if two or more service-disabled veteran-owned businesses (SDVOSBs) and veteran-owned small businesses (VOSBs), in the appropriate NAICS code, are listed as verified in the VIP database. A listing of the VIP queries are retained in the solicitation file.
b. Notice of Intent to Sole Source 36C26322Q0458 published on SAM Contract Opportunities for the period April 19-29, 2022. The only response received was from the OEM.
c. Market research was completed during the procurement project to install these devices and systems across VISN 23. In the future, if other vendors provide a solution equal or beyond to
File details come from the government source that posted it. Updated .