P03 - PG_Part819.7008-7009_Atch1_FAR6_JA_IAW_VAAR_819.7008-7009.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 03 Effective Date: 06/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C250-26-AP-2836

1. Contracting Activity:

Department of Veterans Affairs, VISN 10, Station 583, Richard L. Roudebush VA Medical Center (RLRVAMC) submits to Network Contracting Office (NCO) 10 located at 24 Frank Lloyd Wright Drive, Lobby M, Suite M2200, Ann Arbor, MI 48105, the requesting activity VISN 10, RLRVAMC, Nursing Service, at 1481 W 10th Street, Indianapolis, IN 46202 a procurement request for Tag Removal and Etching Service.

The funds are available through IFCAP PR 583-26-3-041-0091 in the amount of $179,788.00.

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

New Firm-fixed price contract for RLRVAMC tag removal and etching services. This will be a sole source procurement for the period of performance of 05/20/2026 – 04/30/2027.

The estimated value of the proposed action is $179,788.00. (base year with no options)

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The Richard L Roudebush VA Medical Center, Indianapolis, IN, needs to have the labels and any adhesives removed from the instrument baskets of approximately 2100 sets of Reusable Medical Device (RMD). The basket must be completely cleaned of any adhesive residue then laser etched with an identifying label that must be recognized in VA’s Censitrac software platform. The laser etches shall replace each label that is removed and shall identify the set by name, set number and provide a bar code / Data Matrix for scanning through the Censitrac system.

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 (N/A) 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):

The contractor is a certified Service-Disabled Veteran-Owned Small Business (SDVOSB). The facility has existing pieces of equipment with this vendor’s uniformed etchings and continuing to use the same etchings will ensure uniformity in marking. By having Anthem Surgical Instrument Service complete the etching services, the equipment that is currently etched will have identical marks on the respective basket. Work performed by this vendor would also ensure that etchings are consistent with the VA’s existing labeling system format. The contractor is familiar with the facility since they currently provide preventative maintenance on existing equipment. The contractor is therefore capable of performing https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

Effective Date: 06/15/2024 the work under the requirement, and it’s in the Government’s best interest to use Anthem etchings since this vendor is a responsible source with successful past performance and its etchings are compatible with VA software. Further this vendor is a responsible source, and a responsibility determination will be completed prior to award in accordance with FAR Revolutionary FAR Overhaul subpart 9.104.

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:

The Veterans First Contracting Program (VetsFirst), implemented in VAAR subpart 819.70, provides VA independent authority to award contracts to SDVOSBs on a sole-source basis in certain circumstances. Contracting officers may sole source to eligible SDVOSBs so long as the vendor is a responsible source, the anticipated award price is under $5 million, and award can be made at a fair and reasonable price. The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer (VAAR 819.7008). Further, a determination that only one SDVOSB can meet the requirement is not required (VAAR 819.7008(c)). Accordingly, this requirement will not be solicited from multiple sources. However, this Justification and Approval will be posted to SAM.gov in accordance with FAR Revolutionary FAR Overhaul subpart 6.301.

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

It is anticipated that the cost to the Government will be fair and reasonable. The contracting officer will use the price analysis techniques at FAR 13.106-3(a)(2)(ii) and any other price analysis techniques necessary to determine the prices to be fair and reasonable prior to award.

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

Market Research Was Not Conducted:

• A GSA search utilizing the search term ‘Laser Etching.’ No results were returned.

• AbilityOne Services List was reviewed. None of the services listed are compatible with the services need.

• The labels are peeling or cracking and could be harboring contamination that would render the set not sterile. The issue of non-sterile or possibly contaminated Reusable Medical Device (RMD) has led to the delay and/or cancellation of surgical cases out of an abundance of caution. In addition, the etchings must be acceptable for scanning purposes.

• Market research shows that other companies provide etching services compatible with scanning equipment. There are therefore other sources that can perform this service for VA.

However, for the reasons stated above, it is in the Government’s best interest to issue a sole source contract to this vendor under the VetsFirst authority since the vendor is capable of performing, a responsible source, and the etching are consistent with ones the, facility currently uses. Accordingly, there is no requirement that VA must consider other sources when using its statutory sole source authority. (see, RCG of North Carolina, LLC, B-419691, June 24, 2021, 2021 CPD ¶ 236; Crosstown Courier Serv., Inc., B-405492, B-405493, Nov. 8, 2011, 2011 CPD ¶ 248).

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

This procurement is authorized through VAAR 819.7008(a).

https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3

Effective Date: 06/15/2024

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

Firm: Anthem Surgical Instrument Services Martin AIJS, LLC Unique Entity ID: MZB1VKAFX628 V83UNKGNE6L1 Address: 22134 Sherman Way # 202

Canoga Park, CA 91303 751 Lynnes Cove Wadsworth, OH 44281

Contractor POC: Fawzia Dabiri Luke Martin Contractor Email: anthem@or-express.com lmartin@martinaijs.com Phone Number: 818-227-2725 330-903-2702 Business Size: Service Disabled Veteran Owned Small

Business (SDVOSB) Service Disabled Veteran Owned Small Business (SDVOSB)

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: N/A

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: Andrea J. Roach Date Title: Contracting Officer Facility: Network Contracting Office (NCO) 10

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.

Name: Andrea J. Roach Date Title: Contracting Officer Facility: Network Contracting Office (NCO) 10 mailto:lmartin@martinaijs.com https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx