P03 FAR 13.5 Sole Source Justification - Over SAT Belimed_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: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C260-24-AP-4056

1. Contracting Activity: Department of Veterans Affairs, Regional Procurement Office West, Netowrk

Contracting Office 20 on behalf of Roseburg and Eugene VA MedicalCenters. 653-25-3-103-0005

2. Nature and/or Description of the Action Being Processed: This procurement is for a Full Service maintenance and repair contract of Belimed Washers and Cartwashers 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 Two Option Years.

3. Description of Supplies/Services : Roseburg and Eugene VAs are kept in proper operating condition and ready for use. This contract includes:

o all parts and service to properly provide preventative maintenance, o diagnostics, o chamber cleaning, o water testing, o phone support, o emergency call-out visits and repairs including parts and priority response, o a specifications.

The total estimated value of the proposed action: $

Base year Roseburg 04/01/2025-03/31/2026 Option Year One Roseburg 04/01/2026-03/31/2027 Option Year Two Roseburg 04/01/2027-03/31/2028 Total Roseburg

Base year Eugene 04/01/2025-03/31/2026 Option Year One Eugene 04/01/2026-03/31/2027 Option Year Two Eugene 04/01/2027-03/31/2028

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

Effective Date: 02/01/2022 Page 2 of 4 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 C Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The Belimed Washer Disinfectors are currently in use by the Roseburg and Eugene VA facilities for thermal disinfection. Belimed is the sole owner of the system and retains full proprietary rights. As such, Belimed is the only source to provide maintenance, repairs, and documentation for quality control. Repair and Preventive Maintenance documentation, documented actions taken, and approval of quality control results prior to release for patient use, is required by Clinical Engineering at the Roseburg and Eugene VA Medical Centers. A statement of proprietary ownership has been provided and is in the contract file.

Belimed is the only authorized company to provide maintenance and support of the of the washer disinfector systems.

Belimed does not sell their proprietary information to 3rd party vendors, and therefore, there are no s able to provide software updates, and corrective maintenance.

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. There are no existing contract vehicles for this service. A statement of proprietary ownership has been provided and is in the contract file. Belimed is the only authorized company to provide maintenance and support of the of the washer disinfector systems.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: : IAW FAR 13 comparison to pricing provided in past purchase for similar services, and the prior contract for this service.

o Pricing for the current option to extend services for Roseburg is . Compared to the prior option years and base year there was an average increase per year of approximately . The current contract increases the price from the current option to extend services by , but remains the same for the subsequent two option years, an overall cost savings.

o Pricing for the current option to extend services for Eugene is . Compared to the prior option years and base year there was an average increase per year of approximately

The current contract increases the price from the current option to extend services by , but remains the same for the subsequent two option years, an overall cost savings.

Effective Date: 02/01/2022 Page 3 of 4

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) and is included in the briefcase. As part of the market research the SBA VetCert database was searced looking for SDVOSBs/VOSBs capable of providing the requested service. Due to the nature of the service being purchased there is no reasonable expectation that any capable SDVOSB/VOSB would be capable of satisfying this requirement. The results of the VetCert search is recorded in the briefcase. Through market research it was determined that the services required can only be supplied by Belimed. As such Belimed is the Sole Source provider for this service contract.

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. Belimed does not have authorized agents and retains full proprietary rights to the technology. 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: Belimed, 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. Belimed 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: Roseburg

12. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or 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

Effective Date: 02/01/2022 Page 4 of 4

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 # FY24 - NCO 20 - 2439