Limiting_Sources_Justification_OVER_SAT_Steris_Redacted.pdf

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LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID:___36C261-24-AP-2919__

(1) Contracting Activity: Department of Veterans Affairs, Department of Veterans Affairs, Veterans Health Administration, Regional Procurement Office West, Network Contracting

Office 21 on behalf of Northern California VA Health Care System (NCHCS).

2237: 612-24-2-138-0119

(2) Description of Action: This acquisition is conducted under the authority of the Multiple-

Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501).

Order against: FSS Contract Number: ___36F79720D0127___

Name of Proposed Contractor: Sustainment Technologies, LLC.

Street Address: 1733 Briarcrest, Suite 101

City, State, Zip: Bryan, TX 77802

Phone: 979-764-2080

(3) Description of Supplies or Services:

The estimated value of the proposed action is $

The vendor is to provide quarterly inspections, preventative maintenance, and technical support and repair services for various models of steam and electric sterilizer systems and washers, to include the Reliance Endoscope Processing Systems at VA NCHCS. Complete customer care and 24/7 technical support to assist with a variety of requests including part orders, upgrades, and service essential for completing maintenance and repair.

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:.

https://www.acquisition.gov/far/part-8#FAR_8_405_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap5-subchapI-sec501.pdf

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FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

38 U.S.C. 8127(c) - Sole Source Contracts for Contracts Above Simplified Acquisition Threshold. - For purposes of meeting the goals under subsection (a), and in accordance with this section, a Contracting

Officer of the department may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if - (1) such concern is determined to be a responsible source with respect to performance of such contract opportunity; (2) the anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) but will not exceed

$5,000,000; and (3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.

Note: 38 U.S.C 8128. “Small business concerns owned and controlled by veterans: contracting priority”

(a) Contracting Priority. - In procuring goods and services pursuant to a contracting preference under this title or any other provision of law, the Secretary shall give priority to a small business concern owned and controlled by veterans, if such business concern also meets the requirements of that contracting preference.

The authority for this J&A is cited in 41 U.S.C. 3304(a)(5), as authorized by 38 U.S.C. 8127(c).

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR

8.404(d) to aid the contracting officer in making this best value determination:

Per the authorities cited in number 4 above, the Contracting Officer (CO) may award a sole source contract per 38 U.S.C. 8127(c) if he/she has identified a Service-Disabled Veteran-Owned Small

Business (SDVOSB) capable of providing the products and/or services at fair and reasonable prices and is in the best interest of the government.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

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See number 5 above. The CO has verified the SDVOSB status in Vendor Information Pages (VIP) and has reviewed the capabilities of the intended sole source.

This action will be publicized in accordance with FAR 5.2.

(7) Any Other Facts Supporting the Justification: None

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

The contract action will be synopsized on System for Award Management (SAM.gov) within 14 days of award. All future acquisitions for similar construction services will initially be advertised by placing a Sources Sought with a synopsis of requirement on SAM.gov. Market research can be conducted for subsequent procurements to determine if there are changes in potential vendors.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

SIGNATURE DATE

Christopher Hsieh, Supervisory Biomedical Engineer

VANCHCS

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

CONTRACTING OFFICER/DESIGNEE’S SIGNATURE DATE

Mandy Thompson, Contracting Officer NCO 21 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx

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b. One Level Above the Contracting Officer (Required over the SAT but not exceeding

$750K): I certify the justification meets requirements for other than full and open competition.

SIGNATURE DATE

Maxwell Derck, Acting Division Chief

NCO 21 Division II