P03. JA Sole Source Emergency Med Gas Vacuum Compressor Omaha_Redacted.pdf

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 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C263-23-AP-1487

1. Contracting Activity: Department of Veterans Affairs, Network 23 Contracting Office, 1303 5th St.

Suite 300, Coralville, IA 52241.

Organizational Activity: Omaha VA Medical Center-VA Nebraska-Western Iowa HCS, 4101 Woolworth Avenue, Omaha, NE 68105

2. Nature and/or Description of the Action Being Processed:

This requirement is for emergency replacement of core components of the medical vacuum/medical air system and other connected components at the Ambulatory Care Center (ACC) of the Omaha VA Medical Center in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documenation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. This action will result in the award of an emergency firm-fixed-price service contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

-This requirement is for emergency replacement of core components of the medical vacuum/medical air system and other connected components at the Ambulatory Care Center (ACC) of the Omaha VA Medical Center.

-The core components of this system were showing premature signs of failure. It was determined that the HVAC/cooling system of the room housing these parts of the system may be inadequate causing these components to overheat.

-The requirement is to have these services performed immediately to preclude impairment of delivery of care including shutting down outpatient surgery, at the ACC.

ESTIMATED TOTAL: $

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

(X) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement

Effective Date: 02/01/2022 Page 2 of 3

( ) 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):

-The requirement is to have these services performed immediately to preclude impairment of delivery of care including shutting down outpatient surgery, at the ACC.

-The vendor who performs the work must have the necessary American Society of Sanitary Engineering (ASSE) certifications:

-6005 Medical Gas Specialist -6010 Medical Gas Installer -6020 Medical Gas Inspector -6030 Medical Gas Verifier -Much of the typical market research to locate sources was NOT performed. The search for a local vendor who was able to respond quickly, was registered in SAM and VA Financial Service Center (FSC), and held the necessary Certifications was begun immediately. It is known from past solicitations and contract awards, that all VOSB and SDVOSB sources who have received awards for this category of work for this facility are located out of state.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Once the urgent nature of this requirement was realized and a viable source was located who could respond immediately, market research to locate additional sources was paused.

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

Pricing of past procurements are being used to determine fair and reasonable pricing. Past contracts were awarded for similar repair work in the NCO but at different scales.

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

Market Research Was Not Conducted:

-As described above, much of the typical market research to locate sources was NOT performed. The search for a local vendor who was able to respond quickly, was registered in SAM and VA Financial Service Center (FSC), and held the necessary Certifications was started immediately. Once a viable source was located who could respond immediately, market research to locate additional sources was paused.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

-It is was imperative that the following requirements were met:

-The vendor had to have an active SAM registration, and an active account with VA FMS.

-The vendor had to have the resources to respond immediately.

-The vendor had to have the new supplies on hand or the ability to obtain it immediately.

Effective Date: 02/01/2022 Page 3 of 3

-The vendor had to be currently holding the necessary Certifications to perform the work.

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

-Healthcare Compliance Testing, 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:

-The Ambulatory Care Center is a relatively new building (a few years old) and it was not expected that this equipment would show premature signs of failure. In this case, the design of the system to maintain cooling is be assessed for design short comings.

-If this weren’t an emergency normal market research to locate additional sources and meet the requirements of Veterans First would have occurred.

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.

Roy Hurd Date Trades M&O Supervisor Network 23 Contracting Office

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.

Jesse Sweezy Date Contracting Officer Network 23 Contracting Officer

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.

Curt LaRose Date Branch Chief Supply Team 2

Network 23 Contracting Office

ROY HURD

Digitally signed by ROY

HURD

Date: 2023.09.25 07:00:01 -05'00'

JESSE

SWEESY

Digitally signed by JESSE

SWEESY

Date: 2023.09 25 08:02:21 -06'00'

9/25/23

9/25/23

9/25/23

CURT

LAROSE

Digitally signed by CURT

LAROSE

Date: 2023.09.25 09:14:47 -05'00'