PM_Part813.106_Atch1_SingleSourceJustification_MPT-SAT Updated.pdf

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

VHAPM Part 819.7007/7008 Page 1 of 4 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-0781

1. Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service

Network (VISN), Network Contracting Office (NCO) 6, Fayetteville VA Medical Center (VAMC). Purchase Request 565-21-2-090-0068.

2. Nature and/or Description of the Action Being Approved: Network Contracting Office (NCO) 6 intends to award a new, firm-fixed-price sole-source contract to Fidelis Sustainability Distribution, LLC, a Service-Disabled Veteran-Owned Small Business (SDVOSB), registered in the Vendor Information Pages (VIP) for A-dec Dental chairs, cabinetry, and installation service.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This requirement is to provide A-dec dental chairs, cabinetry, and installation service to include dental chairs with delivery arm, lighting and assistant’s instruments, the operatory chairs for the dentist and dental assistants, the operatory cabinetry, and the electric motors for the instrumentation for the Fayetteville VA Medical Center (VAMC) Dental Department at a total estimated cost of $1,052,408.28. The requirement is part of a 26-chair dental clinic project being constructed and will allow continued renovation to meet the needs of the Government and Veterans. Delivery and installation will period of performance is from May 1, 2021 to December 31, 2021. The Fayetteville VAMC Dental Department has an ongoing program to provide dental care to eligible Veterans. The provision of dental care is required for eligible Veterans to meet the medical needs. This requirement for the renovated space has been designed to align with the existing clinic conditions, clearances, light fixtures, electric handpieces, motors, and existing specialized filtration/disinfection systems (steri-straw) that are specific for A-dec equipment.

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

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):

Pursuant to 38 U.S.C. § 8127(c) a sole source award to an SDVOSB concern is authorized where the SDVOSB concern is determined to be a responsible source with respect to the

VHAPM Part 819.7007/7008 Page 2 of 4 performance of the contract; the anticipated award will exceed the simplified acquisition threshold but will not exceed $5,000,000, and the contract award has been determined to be fair and reasonable pricing that offers the best value to the United States Government. Fidelis Sustainability Distribution, LLC is a verified SDVOSB by the Center for Verification and Eligibility (CVE) on the Vendor Information Pages (VIP). Fidelis Sustainability Distribution, LLC (DUNS No. 078849033) has performed satisfactorily on contracts for similar supplies and services to VISN 6.

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: A Sources Sought Notice was not sent or posted. A-dec, Inc. has identified Fidelis Sustainability Distribution, LLC as the sole authorized SDVOSB distributor for A-dec, Inc. products, supplies, and services. Please see Paragraph 8 for an additional description of the market research performed.

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 a comparison to the Independent Government Estimate. Prior to award price analysis of the proposed contract price 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: The following market research was conducted to identify potential sources to fulfill the requirement for VISN 6.

a. A search was conducted in the Vendor Information Pages (VIP) for SDVOSBs registered under NAICS Code 339114. It identified zero (0) verified SDVOSBs, however it was impossible to determine capability being that the NAICS Code is very broad.

b. A search was conducted in the Federal Procurement Data System – Next Generation (FPDS-NG) utilizing keywords A-dec dental chairs, limiting to VA awards, and reports that fell under NAICS Code 339114 and Product Service Code (PSC) 6520.

This identified 25 reports, but the largest dollar values were to A-dec, Inc. the Original Equipment Manufacturer (OEM); two reports were to Fidelis Sustainability Distribution, LLC; and other reports were to Fuzion Contracting, LLC which was A-dec authorized SDVOSB distributor. However, A-dec, Inc. dissolved their partnership with Fuzion Contracting, LLC.

c. Email correspondence with A-dec, Inc. (OEM) querying for a list of authorized small business distributors for A-dec products, supplies, and installation services. A-dec, Inc.

has authorized Fidelis Sustainability Distribution, LLC as the sole SDVOSB distributor for A-dec products, supplies, and services. A-dec, Inc. provided A-dec, Inc.

VHAPM Part 819.7007/7008 Page 3 of 4 contract information and Fidelis Sustainability Distribution, LLC sole-distributor authorization letter.

d. In a query of the Center for Verification and Evaluation (CVE) on the Vendor

Information Pages (VIP), Fidelis Sustainability Distribution, LLC was listed as a verified Service-Disabled Veteran Owned Small Business.

e. In a review of the System for Award Management (SAM) website, Fidelis

Sustainability Distribution, LLC (DUNS No. 078849033) is listed as a small business under this requirement’s NAICS Code 339114 (Dental Equipment and Supplies Manufacturing) with Size Standard of 750 employees.

f. During the period market research was being conducted, NCO 6 Contract Specialist reached out directly to the Fidelis Sustainability Distribution, LLC Contractual/ Financial POC to further determine their responsibility and capability to provide A-dec supplies and services to the Fayetteville VAMC Dental Department. Below are the findings:

i. Per the information provided by A-dec, Inc. the Contract Specialist determined that A-dec, Inc. is the Original Equipment Manufacturer (OEM) and Fidelis Sustainability Distribution, LLC is the sole SDVOSB authorized distributor. An authorization letter was provided along with additional capability documentation and Fidelis Sustainability Distribution, LLC is a small business concern for the applicable NAICS code size of (750 employees).

ii. Furthermore, Fidelis Sustainability Distribution, LLC will deliver only domestic end products in compliance with the Buy American Act FAR 52.225-1(d).

iii. Finally, Fidelis Sustainability Distribution, LLC is technically capable of meeting the requirement, and personnel confirmed that they have the resources to immediately provide the A-dec dental supplies and services to Fayetteville VA Medical Center's newly constructed dental clinic.

No additional market research was conducted or needed.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None pursuant to 38 U.S.C. § 8127(c) Contracting Officers may use non-competitive procedures to award to an SDVOSB.

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: NCO 6 will continue to conduct market research to ascertain if there are changes in the marketplace that would enable competition for future actions.

VHAPM Part 819.7007/7008 Page 4 of 4

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.

John A. McDaniel Date Interim Chief, Dental Service Fayetteville VAMC

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

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

Cherisse Hall, Contracting Officer Date Branch Chief Supply 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.

Keeshia Newman Date Division Chief 1, NCO 6

c. Director of Contracting: I certify the justification meets requirements for other than full and open competition.

Nancy L. Bailey Date Director of Contracting, NCO 6

d. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

Joseph P. Maletta Date Executive Director, RPO-East VHA Head of Contracting Activity (HCA)