PG_Part806.3_Atch9_FAR6_JA_OVER_SAT.pdf

Attachment 9: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 3

Revision: 02 Effective Date: 11/15/23

Acquisition ID#: __________________

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-23-AP-3481

1. Contracting Activity: Department of Veterans Affairs, VISN 2, Syracuse VA Medical

Center and the Rochester Outpatient Clinic

528-24-1-7823-0026- Syracuse

528-24-1-6803-0014- Finger Lakes - Rochester

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

The Syracuse & Canandaigua VA Medical Centers requires the service contract for seven (7) sterilizers. This equipment is used to disinfect surgical instruments located at the Syracuse

VA Medical Center and the Rochester Outpatient Clinic.

Syracuse VA Medical Center

800 Irving Avenue

Syracuse, New York 13210-2716

Canandaigua VAMC at the

Rochester Outpatient Clinic

260 Calkins Road

Rochester, NY 14623

The objective is to process all surgical instruments using equipment that is in top working condition in accordance with manufacturers specifications for a period of performance of

12/01/2023 through 11/30/2024 with a provision of four (4) option years.

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

The contractor shall provide preventative maintenance and repair service and on-call emergency support on the Steris V-Pro sterilizers and software. All work shall be performed by Original Equipment Manufacturer (OEM) certified personnel, experienced and qualified to work on the specific equipment listed. All work shall be in accordance with OEM manufacturing practices. It is the Contractor’s responsibility to provide all personnel, repairs, non-excluded parts, equipment, manual, tools, schematics and training to perform contracted services.

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 FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR

6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

VHAPG Part 806.3 OFOC Page 2 of 3

Acquisition ID#: __________________

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR

6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

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

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

The Original Equipment Manufacturer (OEM), Steris Corporation located at 5960 Heisley

Road in Mentor, OH 44060 is the sole factory authorized supplier of parts and service that are compliant with OEM specifications. Steris Corporation does not use distributors;

therefore, OEM replacement parts are not available from any other source.

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 posted on SAM 36C24224Q0020 October 3, 2023 to October 11, 2023. Two (2) responses were received:

1. iMed Biomedical, Inc SDVOSB however there was no documentation from the vendor outside of one employee taking one class.

2. Sustainment Technologies, LLC SDVOSB, they included documentation that they are OEM certified to maintain the Steris VPro

A RFQ 36C24224Q0041 was posted on SAM.gov as open unrestrictive 11/2/2023 to

11/14/2023. Only one response was received from iMed Medical. I reached out to verify if iMed Medical could preform on behalf of Steris Corp. Steris Corp responded that iMed did not posses the correct certification and they are not eligible to preform as the

OEM.

It was then determined to go with our original plan of Sole Sourcing to the OEM Steris

Corporation per the memo Steris Corp provided.

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

Reasonable:

A IGCE was provided in the amount of $463,320.47. The quote provided by Steris Corp for $506,611.70 for a base plus four (4) option years. The quote is

17% more than the IGCE, 3.4% per year. I the Contracting Officer determined the price is fair and reasonable.

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

Reasons Market Research Was Not Conducted

Market Research was conducted and the results are stated above.

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

None.

VHAPG Part 806.3 OFOC Page 3 of 3

Acquisition ID#: __________________

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

Steris Corporation 5960 Heisley Road in Mentor, OH 44060

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:

None, the presence of patents and copyrights are the main barriers to competition.

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.

Sabrina Baxter Date

Title

Facility

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.

Kimberly Wiatrowski Date

Contracting Officer

RPO East NCO 2

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.

Joseph Cellino Date

Services Team 1

RPO East NCO 2, Branch Chief

Administrative Officer Syracuse VAMC

11/29/2023 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx