P03 603 Sole Source JOFOC CO redacted.pdf

Sole Source Justification >SAT-$7.5M under FAR 13.5

Effective Date: 02/01/2022 Page 1 of 2

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C249-24-AP-3601

1. Contracting Activity: Department of Veterans Affairs, VISN 09, Robley Rex VA Medical Center.

Purchase Request: 603-24-4-5093-0099

2. Nature and/or Description of the Action Being Processed: This is a follow-on acquisition of the VISN 9 Retro- Commissioning project of the iPerformance Asset Performance Management Tool and assisting them with the continuous commissioning of their systems.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: To support the VISN 09 Continuous Commissioning Initiative of the Louisville VAMC. The iPerformance Asset Performance Management Tool is a highly specialized management tool currently used by VISN 9 that allows VISN 9 facilities to better track the performance of their HVAC and utility systems (boiler and chiller plants) by automatically generating over 100 site specific daily compliance reports using near-real-time data from critical areas/systems (operating rooms, compounding pharmacies, sterilization rooms, sterile store rooms, air handlers, chiller plants, and boiler plants) at each of the seven hospitals located within VISN 9.

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:

( X ) 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): Enviros has provided this service in the past and is currently performing the service.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The iPerformance Asset Performance Management Tool is a highly specialized management tool that is proprietary software by Enviros LLC.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost to the government is considered fair and reasonable due to

Sole Source Justification >SAT-$7.5M under FAR 13.5

Effective Date: 02/01/2022 Page 2 of 2 comparison of the current pricing that exists in the current contract GSA contract that was previously deemed 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: According to the proprietary Letter from Enviros LLC they are the sole owner and provider of iPerformance Software, a proprietary, internally developed Asset Performance Management Tool. This requirement cannot be met on the open market due to its proprietary nature. Enviros is a VetCert verified SDVOSB. Enviros does have GSA contract, but the contract does not cover licensing renewal of iPerformance, therefore, this requirement will be purchased open market and using the GSA labor rates for the contract.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Proprietary Letter from Enviros LLC they are the sole owner and provider of iPerformance Software.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Enviros 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: -There is currently only one source for the required iPerformance Asset Performance Management Tool and assisting them with the continuous commissioning of their systems. The Contracting Officer will continue to conduct market research and synopsize future requirements for these same services to see if any additional vendors can provide these services to the Government.

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.

Jon Bloom Date

COR

Robley Rex VAMC

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

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

Diane Ziegler Date Contacting Officer

NCO 9

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Roxie Keese Date Branch Chief

NCO 9

JON BLOOM

Digitally signed by JON

BLOOM

Date: 2024.08.22 15:08:17 -04'00'

DIANE ZIEGLER Digitally signed by DIANE ZIEGLER Date: 2024.08.22 16:42:27 -05'00'

ROXIE KEESE

Digitally signed by ROXIE

KEESE

Date: 2024.08.29 16:48:44 -04'00'