P03 Justification_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 3

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C246-AP-2571

1. Contracting Activity: Department of Veterans Affairs, VISN 06, Network Contracting Office 06, located at 100 Emancipation Drive, Hampton, VA 23667 in support of VISN 06, Hampton VAMC, 100 Emancipation Drive, Hampton, VA 23667. 2237: 590-24-3-101-0258

2. Nature and/or Description of the Action Being Processed: This procurement is for maintenance and repair services for three (3) Evoqua Central Water Processing (CWP) & eight (8) Evoqua Portable Reverse Osmosis (RO) purification systems for the Dialysis and SPS department 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. NCO 6 intends to issue a sole source, open market solicitation and award a new firm-fixed price contract for a Base plus 4 option years with a period of performance to start on 6/3/2024 – 6/2/2029.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The maintenance and repair services are for three (3) CWP and eight (8) Portable RO systems. The services would include:

Requirements for each CWP System o Monthly system performance review o Annual carbon head rebuild (quantity = 3) o Annual carbon filter rebed (quantity = 3) o Annual PM kit and inspection o Monthly inspection and replacement of system pre-filter (quantity = 3) o Semi-Annual inspection and replacement of pyrogen filter (quantity = 3) o Quarterly supply of rental DI (deionized) water tanks (quantity = 3) o Quarterly AAMI test of city water and RO product

Requirements for each Portable RO System o Monthly performance review o Monthly inspection and replacement of RO pre-filter o Quarterly inspection and replacement of carbon block filter o Semi-Annual AAMI test of RO product o Monthly LAL and Bacteria water tests o Annual PM kit and inspection

Period of Performance: 6/3/2024 – 6/2/2025 Estimated Value:

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 3 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 Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Evoqua is the manufacturer of the Central Water Processing (CWP) & Portable Reverse Osmosis (RO) and have the proprietary tools and files to service the systems. There are no authorized vendors who can provide the necessary means to service the equipment. This is highly specialized equipment that the facility has invested in maintaining. Accordingly, Evoqua Water Technologies, LLC is the only firm capable of providing the services described in Section III above with the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to the Contract Specialist’s familiarity with similar requirements, a Sources Sought was not sent or posted. Evoqua Water Technologies, the OEM has identified only themselves as the proprietary provider of the requested services.

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

Reasonable: The Contracting Officer will determine the price to be fair and reasonable based on similar procurements from other Networking Contracting Offices within the last 1 ½ - 2 years.

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 identify available sources and to evaluate the availability of the marketplace to meet the requirement. Based on this market research it was determined the VA rule of two or the SBA rule of two could not be met due to the OEM, Evoqua Water Technologies, a large business has proprietary rights with no authorized vendors to provide their services. There is no reasonable expectation to receive quotes from any small business.

Searches of FPDS-NG, SBA/CERT, SAC, & DSBS were conducted. An Intent to Sole Source was posted on SAM.gov from 4/23/2024 – 4/26/2024.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

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: The

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

Government will continue to conduct thorough market research to monitor marketplace capabilities for similar requirements in the future.

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.

Name Date Title Facility

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.

Digitally signed by HAROLD

HAROLD MCQUILLIA MCQUILLIA

Date: 2024.04.30 10:53:27 -04'00'

Harold McQuillia Date Contracting Officer Hampton NC0 6

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.

Natasha Jacobson Date NCO 6 Branch Chief Hampton NCO 6

VICKMARY NEGRON-

FIGUEROA

Digitally signed by VICKMARY

NEGRON-FIGUEROA

Date: 2024.05.01 09:38:18 -04'00'

NATASHA

JACOBSON

Digitally signed by NATASHA

JACOBSON

Date: 2024.05.02 09:26:38 -04'00'