P03 SAN-I-PAK Attachment 1 FAR 13.5 Sole Source Justification - Over SAT (003).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: 36C247-23-AP-4035

1. Contracting Activity: Department of Veterans Affairs, Network/Contracting Office 07-Birmingham

Site Team, in support of VISN 07, Birmingham VA Medical Center, located at 700 South 19th Street Birmingham, AL 35233.

#521-23-4-5125-0212

2. Nature and/or Description of the Action Being Processed: The Contractor shall provide all labor, tools, materials, supplies, equipment, supervision, and transportation required to perform quarterly services and maintenance in accordance with manufacturer’s specifications of a government owned San-I-Pak Compactor Sterilizer:

Model # 352 Conveyor Serial # 352-5700421-STONEB8

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Laborer shall be a San-I- Pak factory trained technician. The contractor shall also provide 24/365 emergency service and can have a technician onsite within twelve (12) hours of the Veterans Affairs notifying contractor of emergency services needed. If there are any damaged parts/equipment noted during the required services a separate line item will be used to handle these corrections.

Period of Performance Cost Base:

September 1, 2023 to August 31, 2024 $ 57,379.44

Option Year 1:

September 1, 2024 to August 31, 2025 $ 59,100.82

Option Year 2:

September 1, 2025 to August 31, 2026 $ 60,873.85

Option Year 3:

September 1, 2026 to August 31, 2027 $ 62,700.06

Option Year 4:

September 1, 2027 to August 31, 2028 $ 64,851.07

Total Contract Value $ 304,905.24

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 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

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition

Requires the Use of the Authority Cited Above: The Contractor shall provide all labor, tools, materials, supplies, equipment, supervision, and transportation required to perform quarterly services and maintenance in accordance with manufacturer’s specifications of a government owned San-I-Pak Compactor Sterilizer:

Effective Date: 02/01/2022 Page 2 of 3

a. Only One Responsible Source – Laborer shall be a San-I- Pak factory trained technician. The contractor shall also provide 24/365 emergency service and can have a technician onsite within twelve (12) hours of the Veterans Affairs notifying contractor of emergency services needed. If there are any damaged parts/equipment noted during the required services a separate line item will be used to handle these corrections.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: At this time there is only one source that is certified, authorized and trained to provide the quarterly equipment, maintenance and service for the San-I-Pak Sterilizer:

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Contracting Officer conducted additional market research and surveyed existing contracts. It has been determined by the market research that the price is fair in reasonable based on the equipment, maintenance. Previously awarded Contract 36C24620P0114 under NAICS Code J065 | $23,580.

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 and it has been determined, that San-I-Pak has the only certified and authorized technicians who are able to perform the services. The manufacturer does not offer certification or training to any non-San-I-Pak technicians. A proprietary letter was provided by the manufacturer.

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

San-I-Pak equipment that is in use at that facility is only serviceable by San-I-Pak and to utilize any other vendor would void the warranty and risk the health and safety of the Veterans receiving care at the facility.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: San-I-Pak Pacific 23535 S

Bird RD Tracy, California 95304-9339 | (209)836-2310 | pcorral@sanipak.com

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:

Continuous market research will be conducted to determine if the market conditions change and new products can be used to fulfill the needs of the facility.

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.

Name: Lindsey Williams Date Title: Administrative Officer

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

12. 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: Lynette Lane Date Title: Contracting Officer Network Contracting Office 7 (NCO-7)

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.

Name: Thomas E. Nicholls Date Title: Branch Chief, PACT Team

Network Contracting Office 7 (NCO-7) https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx