PG_Part806.3_Atch1_FAR6_JA_OVER_SAT-Spirometry CO SIGNEDmdc.pdf

Attachment 1: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 3 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C263-26-AP-2774

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID 36C263-26-AP-2774

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 23 located at

1303 5th Street, Suite 300 Coralville, IA 52241, in support of Veterans Integrated Service Network

(VISN 23). 2237-499-26-4-6765-0079.

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

VISN 23 requires a sole source 5-year single award, fixed price IDIQ for software and hardware maintenance services covering all VISN 23’s Jaeger (Vyaire) spirometry and PFT equipment throughout VISN 23. The proposed action’s IGCE is $549,162.90.

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

VISN 23 currently utilizes Vyaire’s SentrySuite server-based system to collect Spirometry and Pulmonary Function Testing data for storage and transmission to VistA/CPRS. This system is also approved for connection to Cerner. Only Vyaire Pulmonary Function and Spirometry equipment can be connected to this server as Vyaire SentrySuite only works with Vyaire end point devices. All sites in VISN 23 utilize Vyaire PFT and spirometry systems and the VISN wide server to send results to the patient record.

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency

Requirements per 41 USC §3304(a)(1) as implemented by RFO 6.103-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by RFO 6.103-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services per 41 USC §3304(a)(3) as implemented by RFO 6.103-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by RFO 6.103-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by RFO 6.103-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by RFO 6.103-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by RFO 6.103-7;

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

VISN 23 currently utilizes Vyaire’s SentrySuite server-based system to collect Spirometry and Pulmonary Function Testing data for storage and transmission to VistA/CPRS. This system is also approved for connection to Cerner. Only Vyaire Pulmonary Function and Spirometry equipment can be connected to this server as Vyaire SentrySuite only works with Vyaire end point devices. All sites in VISN 23 utilize Vyaire PFT and spirometry systems and the VISN wide server to send results to the patient record.

VHAPG Part 806.3 OFOC Page 2 of 3

Acquisition ID#: 36C263-26-AP-2774

The OEM of this equipment is Jaeger Medical. The original company Vyaire was bought in Nov 2024 by Jaeger Medical.

Only the OEM of this equipment Jaeger Medical can provide the software maintenance (patches/updates/etc.) and is authorized to provide the hardware maintenance of this complex medical equipment. They do not authorize resellers of these services after sale.

Based on this fact Jaeger Medical is the only provider of their standalone service and maintenance contracts for existing equipment.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as possible (including whether a notice was or will be publicized as required by RFO Part 5 and, if not, which exception under RFO Part 5 applies):

Jaeger Medical America, Inc. confirmed via email they are the only source able to provide maintenance/repair for their proprietary equipment.

SAM intent-to-sole-source notice 36C26326Q0612 (posted 4/23/2026–4/30/2026) was published to verify market environment. No public responses disputed this claim.

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

Reasonable:

Historical purchase data will be used as a benchmark in conducting price analysis per FAR 13.106- 3(a)(2)(ii).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Veterans First Contracting Program (VFCP) Applicability:

Rule of Two (38 U.S.C. § 8127; VAAR 819): Market research did not identify two or more SDVOSB/VOSB firms capable of performing OEM-authorized maintenance at fair and reasonable prices (0 results). Accordingly, a VFCP set‑aside is not supported for this requirement.

Buy American Statute (BAS):

BAS restricts purchase of supplies that are not domestic end products for use in the U.S. This action is services, so BAS does not apply to the primary requirement.

Limitations on Subcontracting (LOS) for Set-Asides:

LOS (e.g., FAR 52.219‑14, ~50% for services) applies only if the action is set aside or sole‑sourced under VFCP. Since VFCP is not supported and OEM is the sole practical source, LOS is not triggered. (VA LOS High‑Risk list reviewed; no concerns for this procurement.)

Jaeger Medical America, Inc. confirmed via email they are the only source able to provide maintenance/repair for their proprietary equipment. No public responses disputed this claim during the SAM intent-to-sole-source notice 36C26326Q0612 (posted 4/23/2026–4/30/2026).

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-5 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-5

VHAPG Part 806.3 OFOC Page 3 of 3

Acquisition ID#: 36C263-26-AP-2774

The market research supports a sole-source solicitation to Jaeger Medical America, Inc., the OEM service provider for Vyaire/Jaeger systems, with no SDVOSB/VOSB sources identified that can deliver OEM-authorized maintenance/support.

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

All facts have been stated in the above sections.

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

JAEGER MEDICAL AMERICA, INC

14050 REBECCA ST BLDG 4

MORENO VALLEY, CA 92553-8855

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:

Contracting will continue to monitor the market for changes by performing new market research when this requirement is needed again.

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.

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

X Contracting Officer

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $900K): I certify the justification meets requirements for other than full and open competition.

Mike Casper Date NCO 23 Services Branch Chief Network Contracting Office (NCO 23) https://dvagov.sharepoint.com/sites/vhapromanual/SitePages/VHAPM-Part-806.3.aspx