P03 - FAR 13.5 Sole Source Justification_Redacted.pdf

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

REVISION: 01

Acquisition ID#: 36C252-25-AP-0569

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C252-25-AP-0569

1. Contracting Activity: Department of Veterans Affairs, VISN 12, Jesse Brown VA Medical Center

Purchase Request: 537-25-2-6075-0011

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

This procurement is 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.

Six-month Sole Source in accordance with VAAR 819.7008 for Medical and General waste collection/removal for the Jesse Brown VAMC and its affiliated CBOCs. POP: 01/01/2025 – 06/30/2025. Estimated total: $307,619.48.

3. 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 – VAAR 819.7008 ( ) National Security ( ) Public Interest

41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR

819.7008 (DEVIATION) or VAAR 819.7009 (DEVIATION) up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business;

( ) 819.7009 Sole source awards to a certified veteran-owned small business

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

d. Authorized or Required by Statute – VAAR 819.7008.

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

Acquisition ID#: 36C252-25-AP-0569

Award of the proposed contract is being made on a sole source basis pursuant to VAAR 819.7008 as stated above. VAAR 819.7008 states that “A contracting officer may award a contract to a verified SDVOSB using procedures other than competitive procedure provided- (1) The anticipated award price of the contract (including options) will not exceed $5 million; (2) The requirement is synopsized and the required justification pursuant to FAR 6.302 5(c)(2)(ii) is posted in accordance with FAR part 5; (3) The SDVOSB has been determined to be a responsible contractor with respect to performance;

and (4) In the estimation of the contracting officer contract award can be made at a fair and reasonable price that offers best value to the Government. In the case of this procurement, the anticipated total price for this contract is $307,619.48 which is below the threshold of $5 Million.

This sole source justification is being prepared in accordance with FAR 6.302-5(c)(2)(ii) and will be posted as required per FAR subpart 5.301(d). The incumbent SDVOSB contractor, NEIE MEDICAL WASTE SERVICES, LLC, Inc, has provided satisfactory services to the Jesse Brown VAMC during the term of their contract – according to COR Antoinette Byrd and CPARS reports, is a certified SDVOSB per recent market research, and has no exclusions in SAM.gov. Lastly, the pricing for this procurement is in-line with market research and historical pricing.

Based on the factors stated above, it is in the Government’s best interest to utilize this SDVOSB vendor in order to procure these services for this six-month period until a new long-term contract can be solicited and put in place. Additionally, to avoid a lapse in service while also allowing more time to further define this requirement. New items have been added and the scope of work has changed thus constituting as cardinal changes. Due to these unforeseen additions/changes, RFQ 36C25225Q0129 will not lead to an award. A new solicitation will be posted in the near future for a five-year ordering period IDC with five individual one-year priced periods.

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

RFQ 36C25225Q0129 was published on SAM on 12/05/2024 as a 100% SDVOSB set-aside. No award will come from this RFQ as the requirement has changed.

Award of the proposed contract is being made on a sole source basis pursuant to VAAR 819.7008 as stated above. The contract will only be for six-months. A new five-year ordering period contract will be solicited at the conclusion of the six-month contract.

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

. Additionally, new items have been added to this requirement and frequencies changed, constituting as cardinal changes.

Therefore, total pricing has increased due to the additional items added and increased estimated frequency for several line items.

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

Acquisition ID#: 36C252-25-AP-0569

The quoted price of $307,619.48, for the new six-month contract period, is fair and reasonable when considering the additions and market changes listed above.

7. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Market research was conducted utilizing VetCert, VIP, SBA, SAM, and previous/current VISN 12 contracts. A recent RFQ was also posted, before the contract scope changed, that also showed interest from several capable and interested SDVOSBs. Market research and RFQ 36C25225Q0129 indicates that there are several qualified, capable, and eligible SDVOSB vendors for this particular service. As this procurement will be for six-months only, a future long-term contract is anticipated to be .

8. Any Other Facts Supporting the Use of Other than Full and Open Competition:

This contract is being awarded pursuant to the authority of 38 USC 8127(c) which states that a contracting officer may award a contract to an SDVOSB company that is a responsible source, the contract does not exceed the $5 million threshold, and the contracting officer believes that the award can be made at a fair and reasonable price that offers best value to the Government.

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

NEIE MEDICAL WASTE SERVICES, LLC

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:

A subsequent acquisition will be procured for the same Services at the Jesse Brown VAMC upon the expiration of this six-month contract. Based on previous, as well as current market research, there appear to be no barriers to obtaining competition for the next, long-term contract.

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.

a. Contracting Officer:

Scott Sands Contracting Officer

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

Acquisition ID#: 36C252-25-AP-0569

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.