P03 - FAR 13.5 Sole Source Justification - ITD Workbenches Final.pdf

DEPARTMENT OF VETERANS AFFAIRS

LE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C252-23-AP-4686

1. Requiring Activity: Department of Veterans Affairs, VISN 12, Captain James A. Lovell Federal Health Care Center Contracting Activity: Department of Veterans Affairs, NCO 12, Great Lakes Acquisition Center

Purchase Requisition# 556-24-1-4090-0002

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

This procurement is for IT workbenches 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. The action will be awarded as a new, firm-fixed-price contract.

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

The Captain James A. Lovell Federal Health Care Center requires electrostatic discharge (ESD) resistant workbenches for the IT Department. This is a one-time requirement for 31 workbenches with delivery within 90 days of award. Workbenches need to be movable, include ESD worksurfaces, fit the required sizes, include ESD laminate modestry panels, ESD laminate locakble door cabinets, wire management trays, monitor holders on horizontal rails, cork boards for the sides and rears, wire management trays, double 3-prong power receptacles, and otherwise fit the requirements identified in Source Sought notice 36C25224Q0039. The total estimated value of the requirement is approximately $275,000.00.

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:

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

(x) Authorized or Required by Statute National Security Public Interest

Acquisition ID#: 36C252-23-AP-4686 Page lof 3

S. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Sole source award is authorized under the WOSB Program -15 U.S.C. § 637(m). The award is in accordance with FAR 19.1506. AFC Industries is an eligible WOSB and manufacturers the required equipment in the United States. This requirement falls under NAICS Code 337127, which has been identified by the SBA as eligible for limited competition among WOSBs. The requirement of VAAM

819.1505 are satisfied and a VA Form 2268 will be submitted to OSDBU as required for coordination.

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

A Sources Sought notice was issued on 10/16/2023 under notice ID 36C25224Q0039. The Sources Sought notice indicated that the intended NAICS code was 337127. There were five respondents to the Sources Sought Notice. Vendors were provided with draft information about the workbenches and ask for information about how they could meet the requirements. Two vendors expressed interest but did not provide the requested information. Responses from the other three vendors were assessed by the program office to determine if their products appeared to meet the requirements. One vendor, AFC Industries, clearly met the requirements. The remaining two vendors provided information about products they could provide as distributors.

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

The contracting officer anticipates that the cost to the Government will be fair and reasonable. Price reasonableness will be determined by a comparison with the Government estimates as well as through a comparison to similar items.

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 using a variety of sources including VetCert, Sources Sought Notices, GSA Advantage, and DSBS. The VA Rule of Two was considered in determining whether this requirement should first be set aside for SDVOSBs or VOSBs. Limitations on subcontracting would apply for this requirement. In the market research, only one SDVOSB and no VOSBs were identified appeared likely to provide the products ofa similarly situated business. Furthermore, it was not clear that the products from the SDVOSB would meet the needs of the program office. The VA Rule of Two was not met.

Only one WOSB was identified that appeared likely to submit a competitive quote that was compliant with the limitations on subcontracting and the Nonmanufacturer Rule.

This requirement is subject to the Buy American Act. Trade Agreement Act requirements would not apply due to the exception in FAR 25.401(a)(5). This requirement is subject to the Nonmanufacturer Rule.

9. An~ Other Facts Suppojjing the Use of Other than Full and Open Competition:

Not applicable.

Acquisition ID#: 36C252-23 AP-4686 Page 2 of 3

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

AFC Industries Directional Command, LLC Logistics365, Inc.

A. Pomerantz & Co.

United Tech Logistics Inc.

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:

This is a one time requirement with no anticipated follow-on actions.

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.

Paul Deppe Date IT Specialist Captain James A. Lovell Federal Health Care Center

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.

Brandon Harris NCO 12, Contracting Officer Great Lakes Acquisition Center

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.

David Picchi NCO 12, Branch Chief Great Lakes Acquisition Center

Acquisition lD#: 36C252-23-AP 4686 Page 3 of 3