P03 JOFOC UV Disinfecting Sterilizer 36C24W-25-AP-0145_Redacted.pdf

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 04 Effective Date: 11/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C24W-25-AP-0145 JOFOC LOG Number: FY25-RPOW Activations-1560

1. Contracting Activity: Department of Veterans Affairs, Regional Procurement Office-West (RPO-W), 3237 Peacekeeper Way, Building 200, Suite 204, McClellan Park, CA 95652, in support of VISN 22, VA San Diego Health Care System (VASDHCS) Spinal Cord Injury and Community Living Center (SCI-CLC), 3350 La Jolla Village Drive, San Diego, CA 92161. Purchase request number 664-25-4-5798-0051.

2. Nature and/or Description of the Action Being Approved: VASDHCS SCI-CLC Environmental Management Services (EMS) has a requirement for five (5) Tru-D SmartUVC iQ System Disinfection Device -TOWER & SCOUT, which includes onsite training, 1 year service agreement, a controller, and safety accessories. The requirement also includes a trade-in credit for four (4) Tru-D Smart UVC on-site UVC disinfection systems. The requirement will be awarded as a new Firm Fixed Price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Tru-D SmartUVC iQ

System Disinfection Device -TOWER & SCOUT is required to

The requirement for five (5) Tru-D SmartUVC iQ System Disinfection Device -TOWER & SCOUT, which includes onsite training, 1 year service agreement, a controller, and safety accessories. The requirement also includes a trade-in credit for four (4) Tru-D Smart UVC on-site UVC disinfection systems. The five (5) Tru-D SmartUVC iQ System Disinfection Device -TOWER & SCOUT’s cost

The trade-in credit of four (4) Tru-D Smart UVC on-site UVC disinfection systems total The total cost of the requirement is The estimated delivery date is 30 days

After Receipt of Order (ARO).

4. Statutory Authority Permitting Other than Full and Open Competition: 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; or ( ) 819.7009 Sole source awards to a certified veteran-owned small business

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

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Effective Date: 11/15/2024

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies: Due to L1 Enterprises Incorporated being the Authorized Distributor of the TRU-D system from the manufacturer (TRU-D SmartUVC) for this Brand Name requirement, no effort was made to solicit the requirement. The Contracting Officer has made a determination to make a Sole Source award in the best interest of the Government, IAW 41 USC §3304(a)(5), 38 U.S. Code § 8127(c).

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The total cost of the quote for the TRU-D system is fair and reasonable based upon a comparison of proposed prices to current contract pricing and past procurement history from L1 Enterprises Inc for similar products as referenced in the Market Research Report and FPDS history supporting documents.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Pursuant to FAR Part 10, VAAR Part 810, and VHAPG Part 810-001, Market Research was conducted for TRU-D Smart UVC Disinfecting Sterilizers in SBA search, GSA Advantage, & FPDS. The NAICS Code 334517 resulted in 124 SDVOSB vendors in SBA search. A search using the phrase “TRU-D SmartUVC” was conducted in GSA Advantage, which resulted in finding a SDVOSB vendor with a National Acquisition Center (NAC) contract (L1 Enterprises, Incorporated, 36F79719D0097). A search using the phrase “TRU-D SmartUVC” was conducted in FPDS, which resulted in finding four (4) contracts awarded to L1 Enterprises, Inc previously. In addition, Market Research information was obtained from fellow Contracting professionals from within the organization, which identified similar items under contract number/delivery order 36F79719D0097 / 36C24W25F0011. The research identified Tru-D Smart UVC, LLC as the sole manufacturer, the owned subsidiary, and the only source for this equipment in the United States. L1 Enterprises is the only Service-Disabled Veteran Owned Small Business (SDVOSB) authorized to distribute and resell Tru-D products and services for U.S. government accounts. The Authorized Distributor letter is filed in the PR briefcase. L1 Enterprises Inc. meets the eligibility requirements in 819.7003(DEVIATION) and the action is below the $5M threshold.

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Effective Date: 11/15/2024

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. The authority under 41 USC §3304(a)(5), 38 U.S. Code § 8127(c) will be used.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None.

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: No actions are planned, as the specific item the VA is seeking is proprietary to the manufacturer with an approved Authorized Distributor letter from the manufacturer.

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.

Ismaila Ndiaye Date Supervisory General Engineer, Activations section Engineering Service - Projects Section VA San Diego Healthcare System-VASDHS

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.

Gerald A. Wright Jr. Date Contracting Officer Activations 1, Hub 4 Regional Procurement Office-West

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Jeffrey S. Crysler Date Branch Chief - Activations 1

Regional Procurement Office- West