P03 - FAR 13.5 Sole Source Justification - 558 Wavemark Maintenance - REDACTED.pdf

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Attached to
J065--WaveMark Maintenance Agreement Federal contract opportunity
Solicitation number
36C24626Q0095
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 6

About this file

This document is a Sole Source Justification for a Department of Veterans Affairs contract for maintenance and support services for WaveMark RFID equipment. The Durham VA Medical Center requires maintenance for 12 RFID Smart Cabinets and two Moment-of-Care Stations, with a sole source award to WaveMark, Inc. (UEI: LGNZKY4RM3U3), the equipment manufacturer. The contract period is from October 22, 2025 through October 21, 2026, with three one-year option periods, and has a total estimated value of $620,640.00.

The justification cites FAR 13.5 Simplified Procedures for Certain Commercial Items, with competition restricted because WaveMark is the only responsible source authorized to maintain its proprietary technology. Market research was conducted, including a special notice on SAM.gov from September 30, 2025 through October 3, 2025, which received no responses or objections. The procurement will be funded by VA2237 558-26-1-301-0006, with price reasonableness to be determined by comparing quoted prices to similar historical service costs.

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Text version

36C246-26-AP-0391

Effective Date: 11/15/24 Page 1 of 3

REVISION: 01

Acquisition ID#: 36C246-26-AP-0391

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C246-26-AP-0391

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 6, located at 100 Emancipation Dr. Hampton, VA 23667, in support of Durham VA Medical Center and Network Contracting Office 6. This action is funded by VA2237 558-26-1-301-0006.

2. Nature and/or Description of the Action Being Processed: Network Contracting Office 6 intends to award a new firm-fixed-price contract to procure maintenance and support services for WaveMark RFID equipment in accordance with 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: The Durham VAMC is currently in need of Maintenance and Support Services for the WaveMark equipment including 12 RFID Smart Cabinets and two (2) Moment-of-Care (formally Point of Use) Stations. Sole source award will be made to Wavemark, Inc. (UEI: LGNZKY4RM3U3), the manufacturer of the equipment in use at the facility. The period of performance of the contract will be from October 22, 2025 through October 21, 2026 with three (3) one-year option periods. The total estimated value of the contract is $620,640.00.

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): The equipment to be maintained is proprietary technology owned by WaveMark, Inc. under Cardinal Health. There are no sources authorized by the manufacturer to maintain the equipment other than the manufacturer, WaveMark, Inc. A special notice was posted to SAM.gov from September 30, 2025 through October

620,640.00

Effective Date: 11/15/24 Page 2 of 3

REVISION: 01

Acquisition ID#: 36C246-26-AP-0391

3, 2025. The announcement was notification of an intent to issue a sole source purchase order to the manufacturer, WaveMark. No responses or objections were received.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted and detailed in section 8 of this document.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Price reasonableness will be determined by comparing the quoted price with prices found reasonable on other actions for the same or similar services.

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 to identify available sources and to evaluate the availability of the marketplace to meet the requirement. Procurement history was reviewed, along with information from the manufacturer and issuance of a special notice on SAM.gov Contract Opportunities regarding the proposed sole source action.

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: Wavemark, Inc. (UEI:

LGNZKY4RM3U3)

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: Barriers to competition would be removed when the equipment being maintained is replaced. The Government will continue to conduct market research to gauge the commercial marketplace capabilities for future requirements.

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.

James Mohr Biomedical Engineer, Durham 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.

Daniel Spaulding Contracting Officer, NCO 6

DANIEL

SPAULDING

Digitally signed by DANIEL

SPAULDING

Date: 2025.10.07 13:52:07 -04'00'

JAMES

MOHR

Digitally signed by

JAMES MOHR

Date: 2025.10.07 14:05:10 -04'00'

JAMES Digitally signed by

JAMES MOHR

MOHR Date: 2025.10.07 Date:

14:05:10 -04'00'

DANIEL Digitally signed by DANIEL

SPAULDINGS

____________________SPAULDING Date: 2025.10.07 13:52:07 -04'00'Date:

Effective Date: 11/15/24 Page 3 of 3

REVISION: 01

Acquisition ID#: 36C246-26-AP-0391

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.

Jamie Sullivan Branch Chief, Supply/Services Team 6

Network Contracting Office 6

JAMIE

SULLIVAN

Digitally signed by

JAMIE SULLIVAN

Date: 2025.10.07 14:18:01 -04'00'

JAMIE Digitally signed by

JAMIE SULLIVAN

SULLIVANN Date: 2025.10.07 Date:

14:18:01 -04'00'

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