P03 - Exception to Fair Opportunity.pdf

Attachment 1: Request for Exception to Fair Opportunity Memo

Effective Date: 12/30/2025 Page 1 of 3 Revision: 03 Acquisition ID#: 36C252-26-AP-0976

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C252-26-AP-0976

1. Contracting Activity: Department of Veterans Affairs, VISN 12, Captain James A. Lovell FHCC

Purchase Request (2237) # 556-26-1-2200-0013.

2. Description of Action: This procurement is for a new firm-fixed-price contract order to Minburn

Technology Group LLC under NASA SEWP contract NNG15SD34B to provide preventive maintenance and repairs to the fleet of Howard Medical e-carts at FHCC VA.

3. Description of Supplies or Services: The Government requires the Howard Medical Care Protection Gold package which offers extended repair warranties to the entire fleet of medical carts at FHCC.

Howard Technology Solutions is the OEM for these carts, and Minburn Technology Group is an authorized distributor for this equipment and is authorized to conduct repair, maintenance, and offer the above-mentioned warranty package.

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i):

( ) FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

( ) FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( ) FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

(X) FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source”. The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a

Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business

(VOSB).

5. Rationale Supporting Use of Authority Cited Above: The Howard Medical E-carts are biomedical equipment, which is proprietary to the OEM, Howard Technology Solutions LLC. Minburn

Effective Date: 12/30/2025 Page 2 of 3 Revision: 03 Acquisition ID#: 36C252-26-AP-0976

Technology Group LLC is an authorized distributor of this equipment and is qualified, certified, and capable of providing the above-mentioned maintenance and repair services to FHCC.

Minburn Technology Group is an actively certified and responsible SDVOSB vendor, the total value of this requirement does not exceed $5 Million ($490,337.98), and this requirement has been synopsized at GPE in the form of an Intent to Sole Source. This SDVOSB vendor currently holds a NASA SEWP V contract which covers this equipment and provides fair and reasonable pricing. This award can be made in accordance with 38 U.S. Code § 8127(c), and VAAR 819.7008.

If this is a Brand Name Justification: The discussion shall include how the particular brand-name, product, or feature is essential to the Government’s requirements and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs. Include this sentence in your discussion: N/A Services

6. Efforts to Obtain Competition:

On 4/2/2026 the Contracting Officer (CO) issued an Intent to Sole Source special posting to SAM.gov signaling the Government’s intent to issue a sole source award to Minburn Technology for this service.

Interested and capable vendors were instructed to contact the CO by 9AM on 4/7/2026 indicating their interest in the procurement and to provide a capability statement. The CO received no responses to this special posting.

Analysis of the Contracting Officer’s market research shows no vendors other than Minburn Technology capable of providing this service. All currently active contracts with the VA located on AddsUp show awards to Minburn Technology. See attached market research memo.

7. Actions to Increase Competition:

No actions to facilitate further competition are currently planned. It is an accepted practice that when contracting for biomedical equipment there will be proprietary vendors or few authorized distributors capable of performing these services. Continuous market research will be conducted to monitor any changes in the competitive market.

8. Market Research:

During the market research phase of this requirement multiple searches were conducted to identify other SDVOSB, VOSB, and small business vendors who were interested in and capable of performing this work for the Government. All searches of Government databases (SBA, SAM.gov, etc.) showed only Minburn Technology Group as an SDVOSB vendor. Additionally, a search was conducted on the AddsUp VA contracting database and all active contracts which have been awarded for the purchase or maintenance of the Howard Medical carts have been awarded to Minburn Technology Group. Additionally, no vendors responded to the public special posting from the CO asking for interested and capable vendors to respond by 4/7/2026.

9. Other Facts: N/A

Effective Date: 12/30/2025 Page 3 of 3 Revision: 03 Acquisition ID#: 36C252-26-AP-0976

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Reji John Date Health Systems Specialist Captain James A. Lovell FHCC

11. Determination that Anticipated Cost is Fair and Reasonable: This sole source award will be issued to the only authorized vendor capable of performing these services, at prices previously deemed fair and reasonable by NASA SEWP.

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

Dustin Biermann Date Contracting Officer

NCO 12 / GLAC

13. Approvals in accordance with VHAPG Part 816.505 Indefinite Delivery Contracts: Ordering.

a. One Level Above the Contracting Officer (Required over SAT but not exceeding $900K): I certify the justification meets requirements for other than full and open competition.

Matthew Zawada Date Branch Chief

NCO 12 / GLAC