P03 SSJ Over SAT - Arxium for ITSS.pdf

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C241-21-AP-3425

Contracting Activity: Department of Veterans Affairs, VISN 1, 402 Medical Center 2237# : 402-22-1-4500-0001

Nature and/or Description of the Action Being Processed:

This procurement request is for 5 years (base + 4 options) of service and maintenance with Arxium, Inc. on the OptiFill Automated Dispensing System. The Optifill system processes high volumes of prescriptions each year at the Maine VAMC. It is critical that this system be maintained by OEM specifications and put on regular maintenance intervals to ensure proper functionality.

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

The Arxium Optifill Automated Dispensing System is critical for the Pharmacy service-line. VA Maine is a complex 1C hospital due to our academic affiliations and the high-profile cases completely within our intuition. In order to uphold the high standard of patient care at VA Maine the Arxium Optfill 2 Automated Dispensing system needs to be maintained properly.

Specialized maintenance will result in higher patient care and will greatly eliminate patient care issues associated with the equipment. Only the OEM, Arxium, has the knowledge and expertise to complete corrective and preventative maintenance on this device. As such, no other supplies or services will meet the agency’s needs.

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:

Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or

Expert Services ( ) International Agreement ( ) Authorized or Required by Statute

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

( ) National Security ( ) Public Interest

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

Requires the Use of the Authority Cited Above (applicability of authority):

The Optifill automated dispensing system processes high volumes of prescription each year at VA Maine. It is critical that this system be maintained by OEM specifications and put on regular maintenance intervals to ensure proper functionality. Due to the complexity and high-profile use of this equipment the OEM, Arxium, is the only entity that can adequately service this system. Use of non-Arxium personnel to service this equipment will void equipment warranty.

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

This procurement request was not solicited for because Arxium, Inc. is the sole proprieter for the OptiFill System and does not allow maintenance or repair by any other source. Use of non-Arxium personnel to service this equipment will void equipment warranty.

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

Anticipated costs are determined to be fair in reasonable having compared them to the previous contract for this maintenance (V797P-4251B).

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

Reasons Market Research Was Not Conducted:

Market Research was not conducted because Arxium, Inc. is the sole proprieter for the OptiFill System and does not allow maintenance or repair by any other source. Use of non- Arxium personnel to service this equipment will void equipment warranty.

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

As the VA already utilizes the OptiFill system, it is in the best interest of patients and the VA to continue with this system. Non-Arxium personnel are prohibited from providing maintenance or repair to this system as such action would void equipment warranty. For this reason Arxium, Inc. is the only source capable of providing maintenance and repair service on the OptiFill System equipment.

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

No other sources are anticipated to express interest as this service can only be provided by Arxium, Inc.

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: As the VA already utilizes the OptiFill system, it is in the best interest of

PM Part 813.5 SAP for Certain Commercial Items Page 3 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021 patients and the VA to continue with this system. Non-Arxium personnel are prohibited from providing maintenance or repair to this system as such action would void equipment warranty. It is most cost effective to continue with this system rather than to replace it entirely, risking interruption of patient care or degradation of its quality.

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.

Nina Warah Date Chief, Clinical Engineering VAMC Maine

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.

Julie Lemire Date Contracting Officer NCO1, Manchester VAMC

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.

Tammy Fox Date Division 1 Chief

NCO1

Nina N. Warah 1090642 Digitally signed by Nina N. Warah 1090642 Date: 2021.11.10 10:06:51 -05'00'

Julie A. Lemire 149432 Digitally signed by Julie A. Lemire 149432 Date: 2021.11.10 11:26:15 -05'00'

Tammy A Fox 706200

Digitally signed by Tammy A Fox 706200 Date: 2021.11.18 14:14:26 -05'00'