Part819.7007-7008_Atch1_FAR6_JA_OVER_SAT -652-21-3-165-0333_wr signed.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT 36C24621AP4154

VHAPM Part 819.7007/7008 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C246-21-AP-4512

1. Contracting Activity: Department of Veterans Affairs, VISN 06, Hunter Holmes McGuire VAMC, Network Contracting Office 6, Purchase Request No. 652-21-3- 165-0333.

2. Nature and/or Description of the Action Being Approved: NCO 6 intends to award a new, single-source, firm-fixed-priced contract to Sustainment Technologies, a verified SDVOSB, for real-time data collection system, myocardial protection system for the Hunter Holmes McGuire VAMC, Richmond, VA.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Hunter Holmes McGuire VA Medical Center (VAMC) has a requirement for the purchase of four(4)Quest MPS 3 ND Systems. The Hunter Holmes McGuire VAMC requires real-time data collection to capture and record all drug volumes and concentrations. The Quest MPS 3 ND System provides superior myocardial protection without dilution, using the patient’s own blood as the most physiologic buffer, and lowers transfusion rates. The agility of the system allows for changes anytime during the procedure. The console and freestanding controller work in unison to provide accurate and safe delivery of arrest and additive agents, no matter which cardioplegia protocols are preferred. The Quest MPS 3 ND System has precise drug control which avoids medication errors with organized drug records.

The total estimated value of the proposed action is $391,617.00.

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 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified 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 original equipment manufacturer, Quest Medical, Inc. is a small business that confirmed Sustainment Technologies is the only authorized reseller of the Quest MPS 3 ND System. The authority allows sole source awards to SDVOSB based on 38 U.S.C. 8127(c). Sustainment Technologies is a VIP verified SDVOSB, has been determined to be a responsible source with respect to performance, and meets eligibility requirements in VAAR 819.7003.

Original Date: 08/30/2017

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 subpart 5.2 and, if not, which exception under 5.202 applies: Sources sought was posted to www.beta.sam.gov on 8/27/2021 RFQ#36C24621Q1323 closing on 08/31/2021 with no responses.

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

Fair and Reasonable: The Contracting Officer will determine that the prices will be fair and reasonable based on comparison to the OEM Catalog Pricing. Prior to award, price analysis will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Sources sought was posted to www.beta.sam.gov on 8/27/2021 RFQ#36C24621Q1323 closing on 08/31/2021 with no responses received. Reached out to Reliable Sales and Services, LLC who previously award a similar product to a VAMC in NCO8 per FPDS. The POC stated that they were no longer a distributor for quest since they were recently bought by a publicly traded company, Atrion Corporation. Market Research and discussions with the OEM reveal they have one(1) authorized distributor, Sustainment Technologies, LLC (VIP Verified SDVOSB). Sustainment Technologies is the sole authorized distributor and they do not compete with Quest Medical Inc. Despite the small business status of the OEM; they do not have an active SAMS account and have chosen to have Sustainment to fulfill VA orders and quotes. The OEM, Quest Medical, Inc (Duns# 041810693), is a Small Business; therefore, the NMR is not applicable. Sustainment Technologies meets the eligibility criteria outlined in VAAR 819.7003, they are verified in VIP, and the action is below the $5M threshold.

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

None. 38 USC 8127(c) authority states that the Contracting Officer’s determination to make a sole source award is a business decision wholly within the Contracting Officer's discretion.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None.

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: The Government will continue to conduct market research to gauge the marketplace capabilities for future requirements and determine if the OEM will allow for other authorized distributors.

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.

https://www.acquisition.gov/content/part-5-publicizing-contract-actions https://www.acquisition.gov/content/part-5-publicizing-contract-actions http://www.beta.sam.gov/ http://www.beta.sam.gov/ https://www.va.gov/oal/library/vaar/vaar819.asp

Original Date: 08/30/2017

Wendy Reyes Biomedical Engineer Central Virginia VA Healthcare System

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: This part if filled out by Contracting Staff as part of the Justification

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.

Keeshia Newman Division Chief 1, NCO 6

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Nancy Bailey Director of Contracting, NCO 6 https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx