P03 - FAR 13-5 Sole Source Justification - MedNet Software Licensing 36C248-25-AP-4219-Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification >SAT-$7.5M under FAR13.5

Effective Date: 11/15/24 Page 1 of 4

REVISION: 01

Acquisition ID#:

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID:

1. Contracting Activity: Department of Veterans Affairs, Regional Procurement Office (RPO) East, Network Contracting Office (NCO) 8, VA Caribbean Healthcare System (VACHS), San Juan, Puerto Rico.

Purchase Request number is: .

2. Nature and/or Description of the Action Being Processed: This is a first-time contract request. Annual licensing of the MedNet software is required to maintain full functionality of the infusion pumps. This acquisition is conducted under the authority of FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation 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.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: VACHS in San Juan has implemented 793 ICU Medical Plum 360 infusion pumps, 6 Lifecare PCA 7, and MedNet management and reporting software in 2024. Annual licensing of the MedNet software is required to maintain full functionality of the infusion pumps. The Infision pumps Eplum 360 license will insure the continuity of software license operation; making the 360 Eplum infusion pump maximize medication safety, provide clinical reports to assist in assessing operational efficiencies.

The estimated value of this procurement including the base, and all option periods is: .

The resultant contract will be for a base period estimated to begin on 07-01-2025, and four (4) one-year option periods. In order to meet the Agency need, the base period and subsequent option periods will consist of 1 line item for MedNet Software Licensing. The detailed estimate amount per period is as follows:

PERIODS AMOUNT

Base Period (upgrade) Option Period 1 Option Period 2 Option Period 3 Option Period 4 Total

The resulting solicitation/contract will include the following LINs:

Line Item

Description QTY Unit of Issue

0001 ICU Medical MedNetT - one year license (601+ pumps) (Item 16037-90)

1 YEAR

1001 ICU Medical MedNetT - one year license (601+ pumps) (Item 16037-90)

1 YEAR

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification >SAT-$7.5M under FAR13.5

Effective Date: 11/15/24 Page 2 of 4

REVISION: 01

Acquisition ID#:

2001 ICU Medical MedNetT - one year license (601+ pumps) (Item 16037-90)

1 YEAR

3001 ICU Medical MedNetT - one year license (601+ pumps) (Item 16037-90)

1 YEAR

4001 ICU Medical MedNetT - one year license (601+ pumps) (Item 16037-90)

1 YEAR

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): is the original equipment manufacturer representative. No other 3rd party service company has the required certification to perform the services being procured. Due to the proprietary nature of the equipment, is required to access and troubleshoot the software to proper specifications. Any service rendered requires a factory trained and certified technician. Exclusivity letter has been uploaded to this action briefcase.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: As confirmed by the OEM of the equipment to be maintained at VACHS, there are no other authorized dealers or distributors for ICU Medical products and services. The equipment manufacturer representative is the only vendor that can provide, upgrades, updates and patches to the software equipment. An exclusivity letter from the original equipment manufacture was uploaded to the requirement briefcase.

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

The Contracting Officer (CO) will use any or a combination of the of the following techniques for making a fair and reasonable price determination before award. The anticipated technique is a comparison of the Contractor’s quoted price with prices found reasonable on previous purchases, in accordance with (IAW) FAR 13.106-3(a)(2)(ii). Prices quoted by the Contractor for similar services provided to other agencies or private institutions may be requested, to aid in the price fair and reasonableness determination. Searches in the Federal Procurement Data System (FPDS) may also be performed, to identify awards made to ICU Medical products and services to compare with the price