P03-Sole Source Justification.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

REVISION: 00

Acquisition ID#: 36C252-24-AP-1939

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C252-24-AP-1939

1. Contracting Activity: Department of Veterans Affairs, VISN 12, Great Lakes Acquisition Center, 115 S. 84th Street, Suite 101, Milwaukee, WI 53214-1476. Purchase request 695-25-1-133-0001..

2. Nature and/or Description of the Action Being Processed: This procurement will be awarded as a new firm fixed price contract for Carescape patient monitoring infrastructure for facilities within VISN 12; 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.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The service contract is for an initial one-year term with two one-year option periods. The service provides on-call corrective maintenance. The estimated value is $669,579.72 for a base plus two option periods. The estimated period of performance is 10/11/2024-10/10/2027.

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 (applicability of authority): This contract will service and support necessary software upgrades to the Sitelink network. The SiteLink network is made up of switches and gateways as well as the dedicated lines to connect the Medical LAN’s in the VA medical centers in VISN 12. GE SiteLink is preexisting proprietary technology. The design, install and network infrastructure were all exclusively designed by GE professionals. The Carescape patient monitoring gateway is proprietary to General Electric (GE) and is used for connectivity between specified locations using GE Sitelink. GE utilizes TrillaMed as the only authorized distributor, can provide additional hardware and services for GE and is a Service-Disabled Veteran Owned Small Business

(SDVOSB).

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Acquisition ID#: 36C252-24-AP-1939

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A special Notice of Intent to Sole source was posted to Contract Opportunities from 9/13/2024 - 9/17/2024 to provide transparency to the Governments business intention. Upon expiration of the notice no responses were received. Through market research only the Original Equipment Manufacturer (OEM), GE, could be identified that could provide service and the GE authorized service provider, Trillamed.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: A determination for fair and reasonable pricing will be made utilizing past contract pricing and a comparison to the Independent Government Estimate (IGE).

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

Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquires from interested parties. Searched the Small Business Administration (SBA) certification database on the SBA Veteran Small Business Certification Program (VetCert) portal to identify Service Disabled Veteran Owned small businesses (SDVOSB) or Veteran Owned Small Businesses (VOSB). Searches included using the North American Classification System (NAICS) 811210, but only one SDVOSB entity could be identified therefore, the VA Rule of Two does not apply.

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

Statements of Work suitable for full and open competition have not been developed. As outlined in paragraph 5, proprietary software from GE along with the authorized service provider, Trillamed, make this requirement unsuitable for competition at this time.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Trillamed LLC., 30100 Telegraph Rd., Ste 366, Bingham Farms, MI 48025-5800.

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: There are currently no actions that may be taken to overcome barriers of competition as a result of the propriety software. The network infrastructure is proprietary to GE and only Trillamed has access to GE’s software, security, and proprietary technology. The requirement will be for a base plus two options to maintain connectivity and revisit at the end of the contract for future competitive acquisitions.

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

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Acquisition ID#: 36C252-24-AP-1939

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.

Michael Frydach Date Biomedical Engineer VISN 12 Healthcare Technology Management

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.

Lori Eastmead Date Contracting Officer Great Lakes Acquisition Center (GLAC)

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.

Matthew Zawada Date NCO 12 Branch Chief, Services Team II

Great Lakes Acquisition Center (GLAC)

MICHAEL FRYDACH

Digitally signed by MICHAEL

FRYDACH

Date: 2024.10.03 06:45:53 -05'00'