P03 Sole Source Justification.pdf

Effective Date: 11/15/24 Page 1 of 3

REVISION: 01

Acquisition ID#: 36C252-26-AP-0476

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C252-26-AP-0476

1. Contracting Activity:

Department of Veterans Affairs Network/Program Contracting Office 12 Great Lakes Acquisition Center (GLAC) 115 S 84th St, Suite 101 Milwaukee, WI 53214

Purchase Request Number (2237): 695-26-1-3944-0019, 578-26-1-3944-0011

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

This is a sole source procurement for maintenance services of the MALDI Biotyper located at the Clement J. Zablocki VA Medical Center and the Edward Hines Jr. VA Medical Center 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.

The Government anticipates awarding a new Firm-Fixed Price contract for a base year plus four (4) one-year option periods.

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

The requirement is for maintenance services of the MALDI Biotyper located at the Clement J.

Zablocki VA Medical Center and the Edward Hines Jr. VA Medical Center. The requirement includes service, preventative maintenance, onsite emergency service visits, remote support, and software updates.

Base Year: 12/01/2025 - 11/30/2026 $87,400.00 Option Year 1: 12/01/2026 - 11/30/2027 $87,400.00 Option Year 2: 12/01/2027 - 11/30/2028 $91,770.00 Option Year 3: 12/01/2028 - 11/30/2029 $91,770.00 Option Year 4: 12/01/2029 - 11/30/2030 $94,523.04

Aggregated Total: $452,863.04

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

Effective Date: 11/15/24 Page 2 of 3

Acquisition ID#: 36C252-26-AP-0476

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

It is critical that the MALDI Biotyper is maintained and kept up to date with current system updates in accordance with the Original Equipment Manufacturer (OEM), Bruker Scientific, specifications by Field Technicians that are properly trained and authorized to avoid all possible downtime. The OEM is the only Contractor with fully trained Field Technicians authorized to work on the system.

Support of this system is completely proprietary in nature in that Bruker Scientific is the only Contractor equipped with the training, resources, and system-level access to fully support the Clement J. Zablocki VA Medical Center and the Edward Hines Jr. VA Medical Center. Bruker Scientific does not authorize any other company to support its system. Therefore, due to the complex and proprietary nature of the equipment, and lack of third party certification for services, Bruker Scientific is the only source for the required support of the MALDI Biotyper.

Only Bruker Scientific is capable of providing the service described in Section 3 without the facility experiencing a substantial duplication of costs that cannot be expected to be recovered through competition and unacceptable delays in fulfilling its requirements. Due to the proprietary nature of the equipment and required services, the use of another Contractor’s services would require the replacement of the MALDI Biotyper. It is in the Government’s best interest to continue to utilize the OEM and their service.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

A Notice of Intent to Sole Source was published on 11/3/2025 with a response date of 11/6/2025 in Contract Opportunities requesting capability statements from interested vendors. 0 responses were received from our Notice of Intent to Sole Source. The Government determined no other vendor could provide the services required of this contract.

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

Reasonable:

The Contracting Officer will determine that the anticipated cost will be fair and reasonable based on a comparison with the IGE and historical pricing. In addition, The Contracting Officer will utilize any other price analysis techniques identified in FAR 13.106-3(a)(2), as necessary, to determine a fair and reasonable price.

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

Market Research Was Not Conducted:

Market Research was performed and included a review of potential sources available for this requirement. A search of Addsup, GSA eLibrary, Contract Opportunities and SBA websites were done on 11/3/2025 and no SDVOSB, VOSB, or small businesses were found that can provide this service. The Contracting Officer posted an intent to sole source, 36C25226Q0079, from 11/3/2025 through 11/6/2025. 0 Vendors responded to the intent to sole source. Contracting Officer determined no other vendor could provide the services required for this contract.

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

An authorization letter was provided which stated that only the OEM can provide the support services.

Effective Date: 11/15/24 Page 3 of 3

Acquisition ID#: 36C252-26-AP-0476

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

Bruker Scientific

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:

At this time, only one source, Bruker Scientific is qualified for maintenance services of the MALDI Biotyper. The Contracting Officer will continue to survey the marketplace during the purchase order period taking under consideration any new and innovative methods for maintenance services of the MALDI Biotyper. Continual market research and purchase order administration will assist in determining the next purchase order’s procurement strategy.

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.

Courtney Feldmann, Business Manager VISN12 Path & Lab

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.

Ashley Johnson, Contracting Officer Great Lakes Acquisition Center NCO12 - Services

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.

Erika Cannaday, Branch Chief Great Lakes Acquisition Center NCO12 – Services https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx