P03 FAR 13.5 Sole Source Justification ASP_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: 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 West, Netowrk

Contracting Office 20 on behalf of Roseburg VA Healthcare System. Funding for this procurement action is provided through 2237 number .

2. Nature and/or Description of the Action Being Processed: This procurement is for a new firm fixed-price Full Service maintenance and repair contract of Advanced Sterilization Products currently in use at the Roseburg and Eugene VA Medical Centers 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 sill require a justification using the format of FAR 6.303-2.

The proposed firm fixed price contract will provide on-site service with a Base plus four option years.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Roseburg VA Medical Center and Eugene Health Care Center require an on-site, preventative maintenance and repair contract to ensure that all Advanced Sterilization Products are maintained, calibrated, and when necessary, repaired, per manufacturer specifications and are kept in proper operating condition and ready for use. This contract includes:

o Full preventative maintenance including kits for wear parts, o Emergency call-out service and repairs, o Priority response for emergency break-down or issue with 2 hour target response time.

The total estimated value of the proposed action:

Base year: 04/01/2025-03/31/2026 Option Year One: 04/01/2026-03/31/2027 Option Year Two: 04/01/2027-03/31/2028 Option Year Three: 04/01/2028-03/31/2029 Option Year Four: 04/01/2029-03/31/2030

Grand 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:

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

Acquisition ID#:

(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 advanced sterilization equipment service requires specific biomedical training. The OEM, Advanced Sterilization Equipment Services, Inc., retains the right to provide preventative maintenance and repairs, training services, replacement parts, and technical support by certified technicians to ensure the equipment is maintained to OEM specifications. The OEM, Advanced Sterilization Products, has provided a letter indicating that they do not have any authorized service providers, do not partner with any SDVOSB/VOSB nor small business, and unauthorized service attempts will void warranties. These products can only be serviced by Original Equipment Manufacturer (OEM) authorized Technicians utilizing OEM replacement parts distributed by OEM authorized distributors IAW VAAR Clause 852.212-71.

These units are used to sterilize tools and equipment used for direct patient care, and as such have critical requirements for support: the availability of 24- hour telephone technical support, on-site support, priority response time, and planned maintenance performed per the Original Equipment Manufacturer (OEM) specifications.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Government wide databases were searched for possible contract vehicles and sources of supply. FPDS was searched to for acquisition history and reveals that historically this service has been awarded sole source to Advancd Sterilization Products Service, Inc. There are no existing contract vehicles for this service. A statement of proprietary ownership has been provided and is in the contract file. Advanced Sterilization Products is the only authorized company to provide maintenance and support of the of these products.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: : IAW FAR 13.106-3(a)(2)(ii) the pricing provided by Advanced Steriliztion Products, based on comparison to pricing provided in past purchases for the same services. Pricing for the current proposed base plus four option year contract is for the base year, and for each of the four option years. Prior contract, , was priced at for the base and option year one, for option year two, and for option year three, which is an approximate , respectively. The current proposed price is less than the final option year of the prior contract, and the subsequent increase an apporoximate and then remains unchanged for all four option years which adds value for the Government as is includes all four priced options at the same price.

Effective Date: 11/15/24 Page 3 of 4

Acquisition ID#:

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 satisfy the requirements of the FAR 10.002(b) collaboratively with NCO 20 Contracting and the Roseburg VAHCS. Searches conducted of the commercial marketplace conclude that this requirement can only be met by the original equipment manufacturer for the required parts and services. A search of the VIP database identified 315 certified contractors for NAICS code 811210. However, due to the proprietary nature of the requirement and the OEM letter indicating there are no authorized service providers other than the OEM, there is no reasonable expectation that additional SD/VOSB will be able to meet the requirement.

The Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed. Reviewing the market for similar maintenance indicates that retaining rights to this type of system is common within the industry.

9. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Advanced Sterilization Products Services, Inc.

10. 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: None at this time. The OEM retains sole rights to maintain their equipment.

11. 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.

Name: Kristine Mills Date Title: Biomedical Equipment Specialist Facility: Portland

12. 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.

Gregory G. Watson Date Contracting Officer

NCO20

KRISTINE MILLS

Digitally signed by KRISTINE

MILLS

Date: 2024.12.05 11:13:04 -08'00'

GREGORY

WATSON

Digitally signed by

GREGORY WATSON

Date: 2024.12.09 11:43:29 -08'00'

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

Acquisition ID#:

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.

Krystal Weeks Date Branch Chief, Medical Equipment

NCO20

RPO West J&A Tracker #

KRYSTAL

WEEKS

Digitally signed by

KRYSTAL WEEKS

Date: 2024.12.05 16:01:34 -08'00'