P03_36C261-24-AP-3816_Kitchen Equipment Maintenance_Redacted.doc.pdf

Attachment 1: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC

Revision: 03 Effective Date: 04/15/24

Acquisition ID#: 36C261-24-AP-3816_

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:_ 36C261-24-AP-3816

1. Contracting Activity: Department of Veterans Affairs, VISN 21, VA Palo Alto Medical

Center

PR Number: 640-25-2-5051-0002

2. Nature and/or Description of the Action Being Processed: This requirement is for the procurement of Commercial Kitchen and Dietetics Equipment Maintenance Services for VA

Palo Alto Health Care System (VAPAHCS). Riptide Softwash, Inc. is the sole service provider for these services. This procurement will be awarded as a new, firm-fixed-priced contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This requirement is for the procurement of Commercial Kitchen and Dietetics Equipment

Maintenance for approximately 255 pieces of kitchen equipment located at Palo Alto, Menlo

Park, and the Livermore Divisions within VAPAHCS.

Total Estimated Value: $451,690.00

Period of Performance: 2/11/2025 – 2/10/2026

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR

6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR

6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the

Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

The proposed contract for Commercial Kitchen and Dietetics Equipment Maintenance

Services will be awarded under the authority of FAR 6.302-1, as only one responsible source can meet the services of this requirement. The contractor has been determined to be a

Revision: 03 Effective Date: 04/15/24 responsible source, capable of performing the contract opportunity, and the anticipated award price will exceed the simplified acquisition threshold but not $5,000,000. The contract award is expected to provide the best value to the Government at a fair and reasonable price, and this requirement has been synopsized in accordance with FAR Part 5. This justification is based on limited rights in data, patent rights, copyrights, or secret processes that make the supplies and services available only through Riptide Softwash, Inc. These unique circumstances preclude the possibility of full and open competition, making this acquisition necessary under the cited authority.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A Notice of Intent to Sole Source was posted to SAM.gov on November 15, 2024, and closed on November 19, 2024. The notice explicitly outlined the

VAPAHCS’ need for Commercial Kitchen and Dietetics Equipment Maintenance Services.

The notice described the equipment requiring service and indicated that Riptide Softwash, Inc. is the sole authorized service provider. Despite the public posting, no vendors responded, expressing interest or capability to perform the required services. This lack of responses reinforces the assertion that Riptide Softwash, Inc. is the only viable service provider for this requirement.

Given that no other potential vendors expressed interest no further actions were taken to facilitate competition. The evidence supports the conclusion that Riptide Softwash, Inc. is the only source capable of meeting the VA's needs without risking unacceptable delays or additional costs associated with the training and certification of other vendors. Therefore, this acquisition is justified under FAR 6.302-1 (Only One Responsible Source).

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: It has been determined that the anticipated cost for this acquisition will be considered fair and reasonable based on a detailed comparison with the independent government cost estimate (IGCE). The quoted price provided by Riptide Softwash, Inc.

aligns with the IGCE and falls within the expected cost range for similar services.

The quoted price has been confirmed as the final price, with no anticipated price adjustments from the initial quote to the contract award. This assurance has been verified through communications with the vendor, and the CO has documented the finality of the pricing. The contract is for a firm-fixed-price award, so certified cost or pricing data will not be required under the current acquisition threshold. However, additional price analysis was conducted through the independent government cost estimate and market research.

8. Description of the Market Research Conducted and the Results, or a Statement of the

Reasons Market Research Was Not Conducted: Market research was conducted per FAR

Part 10, VA Acquisition Regulation (VAAR) 810.001-70, and PPM 2016-05 (Revised

August 2019), with particular attention to the requirements of the Veterans First Contracting

Program and the implementation of the Rule of Two under 38 U.S.C. § 8127. The

Contracting Officer (CO) reviewed the Veteran Small Business Certification (VetCert) database to determine if two or more service-disabled veteran-owned small businesses

(SDVOSBs) or veteran-owned small businesses (VOSBs) could meet the requirement for

Commercial Kitchen and Dietetics Equipment Maintenance Services at the VAPAHCS.

Revision: 03 Effective Date: 04/15/24

Upon searching the VetCert database, it was determined that Riptide Softwash, Inc., is not a

SDVOSB or VOSB. Despite this, no other vendors in the marketplace, including those listed in VetCert, possess the necessary certifications or manufacturer authorization to service this equipment. Therefore, the Rule of Two is not satisfied, as Riptide Softwash, Inc. is the only vendor capable of providing the required services.

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: None.

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: Currently, no specific actions are planned to foster competition for future acquisitions of the Commercial Kitchen and Dietetics Equipment Maintenance Services for

VAPAHCS because Riptide Softwash, Inc. is the sole service provider. The barriers to competition primarily stem from the requirement to use authorized service providers to maintain the warranties and ensure compliance with the manufacturers' standards.

Since Riptide Softwash, Inc. is the only provider authorized to service this equipment, fostering competition would require another vendor to gain manufacturer authorization. The equipment manufacturers control this process and are not within the Government's direct influence.

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.

Digitally signed by JAMES CROWE

Date: 2024.11.20 10:40:19 -08'00'

James Crowe Date

Engineering Chief

VAPAHCS

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

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

Jill Williams Date

Contracting Officer

NCO 21

Digitally signed by JILL

JILL WILLIAMS WILLIAMS

Date: 2024.11.21 08:08:21 -08'00'

JAMES CROWE

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