P03_Limiting Sources Justification_Signed.pdf

VHAPG Part 808.405 6 Limiting Sources Request for Limited Sources Justification Format >SAT

Effective Date: 02/01/2022 Page 1 of 4

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405 6

Acquisition Plan Action ID: 36C241 22 AP 1536

(1) Contracting Activity: Department of Veterans Affairs, VISN 1, 631 Medical Center

VA CWM

421 North Main Street Leeds, MA 01053

Funding ID: 631 22 3 4813 0424

(2) Description of Action: This acquisition is conducted under the authority of the Multiple Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501

Order against: FSS Contract Number: GS 21F 0041Y

Name of Proposed Contractor: Phigenics, LLC (UEI – Z1VZG6JVDRQ5)

Street Address: 2S701 West Ave, Suite 100

City, State, Zip: Warrenville, IL 60555 3258

Phone: 844 850 4087

(3) Description of Supplies or Services:

The estimated value of the proposed action is $356,880.00 (Base + 4 Option Years)

Comprehensive Monthly Service Contract for maintenance of Phigenics Water Monitoring Panels and provide access to phiMetrics real time monitoring data system.

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

Effective Date: 02/01/2022 Page 2 of 4

FAR 8.405 6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

FAR 8.405 6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

The vendor has confirmed that the installed equipment at the facility is proprietary to Phigenics and they do not utilize any 3rd party entities to provided services. In addition, the requested phiMetrics on line data monitoring is a platform developed and maintained by Phigenics and no other vender has access to it. Lastly any work to the system by a 3rd party would void any and all warranties.

FAR 8.405 6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures..

FAR 8.405 6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination:

The Phigenics Advanced Water Monitoring Panels located at the Central Western Mass VA facility is proprietary to the OEM Phigenics, LLC, the vendor has stated that they do not utilize any 3rd party vendors and the requested phiMetrics on line data monitoring is a platform developed and maintained by Phigenics and no other vendor can provide this service. Lastly any worked completed by any 3rd party vendors would void warranties.

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

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Market research was conducted on VetBiz, SBA , GSA, a Source Sought Notice was posted and direct emails to potential Vet Owned vendors were sent. At the conclusion of the market research period the only vendor to provide a response was the small business OEM Phigenics, LLC (UEI – Z1VZG6JVDRQ5), The OEM vendor holds GSA Contract GS 21F 0041Y and provided confirmation that no other vendors are able to provide services to their equipment.

(7) Any Other Facts Supporting the Justification:

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

Market research was conducted and no actions at this time would be able to overcome any barriers that led to the exemption to fair opportunity as Phigenics, LLC (UEI – Z1VZG6JVDRQ5) is the sole provider of the requested services. Per an email received from the company Phigenics does not have authorized 3rd party vendors that are able to provide services. Future requirements will be considered on a case by case basis.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor’s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

Robert E. Michalik 2 June 2022

SIGNATURE DATE

Robert E. Michalik Env. Protection / GEMS FMS

NAME TITLE SERVICE LINE/SECTION

VA Central Western MA Hea

FACILITY

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

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: This part if filled out by Contracting Staff as part of the Justification

a. Contracting Officer’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

CONTRACTING OFFICER/DESIGNEE’S SIGNATURE DATE

Issa Shawki, Contract Officer FACILITY / NCO 1 /PCO

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.

SIGNATURE DATE

Victor Martin NCO 1 / Branch Chief

ISSA SHAWKI Digitally signed by ISSA SHAWKI Date: 2022.06.02 09:37:32 -04'00'

VICTOR MARTIN JR. Digitally signed by VICTOR MARTIN JR.

Date: 2022.06.02 11:44:05 -04'00'