SDVOSB - Sole Source Justification.pdf

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 04 Effective Date: 11/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C261-25-AP-2620

1. Contracting Activity: Department of Veterans Affairs, VA Sierra Pacific Network (VISN 21), VA

Northern California Medical Center, Veterans Health Administration Regional Procurement Office West, Network Contracting Officer 21, Mather, CA 95655.

2237: 612-25-3-6517-0924

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

This is a new requirement for Automatic Transfer Switches (ATS) at the VA facility in Mather, CA and will be issued as a Firm Fixed Price (FFP) contract.

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

The VA Northern California Health Care System (VA NCHCS) requires six (6) ASCO 7000 Series Bypass Transfer Switches (ATS) for the VA Mather. These ASCO ATS are essential for emergency power supply and are critical to ensuring continuity of patient care services during power outages.

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 819.7008 (DEVIATION) or VAAR

819.7009 (DEVIATION)- up to $5,000,000. Check the specific VAAR clause used below:

( X ) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business;

or ( ) 819.7009 Sole source awards to a certified 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:

This will be a sole source award made under the authority of 38 U.S.C 8127(c), which allows sole source contracts to a certified SDVOSB or VOSB. The vendor, Santa Fe Professional Solutions Inc.

(UEI # KZFMFGZSHKW9) was the only contractor that responded to the Sources Sought Notice that was able to demonstrate their capability of providing the brand name requirement, as well as provide an authorization letter from the Original Equipment Manufacturer (OEM), Asco Power.

While a determination that only SDVOSB/VOSB can meet the requirement is not necessary, this procurement is supported by a written justification in accordance with FAR 6.302- 5(c)(2)(iii), FAR

6.303 and FAR 6.304.

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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 FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

A Sources Sought Notice was posted on SAM.gov on 04/23/2025. There were a total of three that responded, two of which did not provide the required documentation (capabilities statement and letter of authorization from the OEM). Only one, Santa Fe Professional Solutions Inc. (SDVOSB), was able to provide the proper documentation.

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

The IGCE is prepared independently by the Program Specialist from the Engineering and Facilities MGMT, who possesses the technical knowledge and experience, and will be used to determine fairness and reasonableness of the proposed price in accordance with FAR 15.404-1(b)(2)(v).

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

Market Research Was Not Conducted:

A search through SBA Dynamic Small Business Search using NAICS code 238210 was conducted, which resulted in 2,679 SDVOSBs and 734 VOSBs.

Since this is a brand name requirement, a search using the keyword “Asco” was conducted on FPDS.

Moreover, a GSA search was conducted for the Asco 7000 Series Power Transfer Switch, but none were found.

An inquiry to OEM, Asco Power, was sent on 04/02/2025 to ask if they have authorized small business distributors, particularly SDVOSBs and VOSBs. They initially gave a large business distributor, which was the similar distributor that the station partner recommended in their market research. A follow-up was made on 04/14/2025 and reiterated to the OEM that small business distributors were being sought. Ultimately, they said that they are not familiar with the socioeconomic status of any Asco resellers.

After the initial effort of inquiring to the OEM to find small business resellers, a Sources Sought Notice was posted on SAM.gov on 04/23/2025. There were a total of three that responded, two of which did not provide a letter or memo stating that they are authorized resellers. Only one, Santa Fe Professional Solutions Inc. (SDVOSB), was able to demonstrate that they are capable of providing the product and that they are an authorized reseller of the Asco Automatic Transfer Switches.

Given these points, this brand name requirement will be a sole source to SDVOSB, Santa Fe Professional Solutions Inc.

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

None.

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

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Effective Date: 11/15/2024

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 agency will conduct market research and reach out to more suppliers to encourage competition for future purchases. Any barriers preventing competition will be identified and addressed to allow more vendors to participate. We will also explore alternative procurement methods. If competition is limited, a justification will be provided, and a plan will be made to reassess in the future.

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