OFOC JUSTIFICATION.docx

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For Other Than Full and Open Competition

Acquisition Plan Action ID: 36C250-25-AP-2572

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 10 located at 260 E University Avenue, Cincinnati, OH 45219-2356, in support of VISN 10, Cincinnati VA Medical Center (CVAMC), 3200 Vine Street, Cincinnati, OH 45220-2213. 2237 #: 539-25-2-986-0016

2. Nature and/or Description of the Action Being Approved: The CVAMC recently purchased equipment/services to replace its outdated Hanel Rotomat Storage System with the brand name Pegasus Rack System to improve efficiency in their workflow procedures of storing and separating disposable and reusable medical devices for surgical procedures within the Operating Room (OR) staging area. This new request for a firm fixed price award is to procure additional equipment/services for the same brand name Pegasus Rack System to allow the same VetCert certified Service-Disabled Veteran Owned Small Business (SDVOSB) vendor identified in Section 10 below to complete the project.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The additional equipment/services required include the following:

· F75-U-AL-40-ST Hygieia Aluminum Frame (18”W x 26”D x 75”H) (U Type) – 40 cm Wide Starter Includes: 1 Aluminum Frames – U & 1 Aluminum Lateral Support Set-U – Quantity of 2 Each

· F75-U-AL-40-AD – Hygieia Aluminum Frame (18"W x 26"D x 75"H) (U Type) - 40cm Wide Add-On Includes: 1 Aluminum Frames - U & 1 Aluminum Lateral Support Set-U – Quantity of 8 Each

· BR-U-H-AL - Basket Support (Horizontal) for Hygieia Aluminum U Frame Pair – Quantity of 44 Each

· PROHL - 1.6M - Aluminum Rail Label Holder - 63" - Quantity of 10 Each

· LBLHLD-HYG-CSPS – Hygieia CSPS Rail Clip w/Label Holder & Clear cover – Quantity of 80 Each

· NT-SHELF-4060SS - 16"x24" Stainless Steel Wire Shelf for No Touch System - Quantity of 32 Each

· SS-U-CNTS-32 - Stainless Steel Container Bed, 32cm Wide, Includes pull out handle – Quantity of 13 Each

· SS-U-CNT-SHELF - Stainless Steel Container Flat Bed Type U, 1" side & rear walls. Includes pull out handle - Quantity of 52 Each Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Revision: 04 Effective Date: 11/15/2024

· BBG-MN-RK2-HYG – Aluminum Ball Bearing Glide Mount for Hygieia Rack for: (2) 20cm Baskets or (3) 10cm Baskets - Quantity of 16 Each

· BBG-RK-U - Ball Bearing Glide (Pair) (Type U); Includes (4) cap nuts - Quantity of 36 Each

· LBL-HDL-U-PC - Basket/ Tray Handle- U type (Polycarbonate) - Quantity of 12 Each

· B104060-PC - 10cm Deep Basket (Clear) - Quantity of 6 Each

· B204060-PC - 20cm Deep Basket (Clear) - Quantity of 6 Each

· BSKSTP - Basket Stop (Set) - Quantity of 24 Each

· Installation - Install will be provided by Factory Trained Technicians. Installation is planned for Normal Business Hours. No prevailing, Union, or Davis Bacon Wages are quoted. – Quantity of 1 Each

· Freight – Freight charges for delivery to: Cincinnati VA Medical Center, 3200 Vine Street, Cincinnati, OH 45220-2213 - Quantity of 1 Each

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (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; or ( ) 819.7009 Sole source awards to a certified veteran-owned small business

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): IAW VAAR 819.7008 the VetCert certified service-disabled veteran-owned small business (SDVOSB) vendor selected for this requirement is being requested to deliver and install additional equipment/services needed to complete an ongoing project at the CVAMC as indicated in Section 2 above.

The shelving system provides a design customized to reorganize the sterile storage area for the OR, adding space and organization which allows staff to separate disposable and reusable medical devices (RMD), increase the sterile storage capacity by 33%, and meet the Center for Disease Control’s Guideline for Disinfection and Sterilization in Healthcare Facilities, 2008, Updated May 2019 https://www.cdc.gov/infectioncontrol/pdf/guidelines/disinfection-guidelines-H.pdf. This shelving system will support staging, assembly of case carts for surgery, and mobility for staff to occupy the space. The carts also have customed labeling and specific carts for small to large and peel packed items. Procurement of alternate products/services offered by an alternate vendor would result in duplication of costs to the Government and unacceptable delays that are not expected to be recovered through competition.

The SDVOSB contractor has been identified by the SB OEM, Pegasus Medical, as an authorized reseller of their products via email dated 03/25/2025. A query of VetCert database https://veterans.certify.sba.gov/ confirms that the authorized reseller is a VetCert certified SDVOSB.

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 FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies: IAW the exception found at FAR 502(a)(13) and in the best interest of the Government, an Intent to Sole Source notice will be published to the GPE.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will utilize the price analysis techniques in FAR 13.106- 3(a) to determine the price to be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The requestor did not conduct additional market research since the products/services were recently purchased, and additional units of the same product/services are being requested for the contractor to finish the project.

Market research queries were conducted by the Contracting Specialist using NAICS 337127, keywords “sterile instrument shelving” and the items’ descriptions. Queries of VetCert, FPDS-NG, SBA DSBS, VA NAC, GSA Advantage, AbilityOne, GSA eLibrary and other sources were conducted. The VetCert query using the NAICS code found 219 SD/VOSB business concerns, however, the database does not permit item specific searches. The products/services were not found to be offered on the FSS contract held by the OEM. A query of similar requirements in the FPDS-NG database found that the cost of this procurement is consistent with the cost of like items offered in the industry. The NAICS product code was not found in the Non Manufacturer Rule (NMR) Class Waiver database. A SDVOSB exclusive set-aside is not permitted. The VA and SBA Rules of Two cannot be met.

A sole source open market award to the SDVOSB vendor identified is recommended. A Notice of Intent to Sole Source will be posted to the GPE to satisfy the agency’s needs and obtain the best value for the Government.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

- Martin AIJS, LLC (SDVOSB) / 751 Lynnes Cove, Wadsworth, OH 44281-9284 / Luke Martin -lmartin@martinaijs.com / (330) 903-2702

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: The market will continue to be reviewed for availability of additional sources capable of meeting the agency’s need(s) for requested products/supplies.

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.