Sole Source Justification.pdf

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C256-21-AP-3627

1. Contracting Activity:

Department of Veterans Affairs, NCO 16, for the Alexandria VA Healthcare Center (Pineville, Louisiana). Purchase request #502-22-1-119-0002. Estimated value: $251,400.00

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

This is new contract action to replace task order 36C25621F0021 against

Federal Supply Schedule contract V797D30111. This expected to result in a single award, fixed-price, indefinite delivery, indefinite quantity contract.

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

The Alexandria VA medical center located in Pineville, Louisiana purchased Omnicell pharmacy automation equipment. This equipment is critical to patient care as it is utilized to track medications and fill patient prescriptions. In order to ensure the proper operation of this equipment, it is necessary to have a preventive maintenance and repair contract in place.

The contractor shall provide all parts, labor, tools, materials, equipment, transportation and supervision necessary to perform maintenance and repair services on the Omnicell equipment. Services are expected to be performed for up to 5 years, by task orders issued for 12 month periods of performance.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement.

Competition is restricted on this procurement for the reason below:

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

Agency Requirements per 41 USC §3304(a)(l) 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;

( ) (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;

PM Part 813.5 SAP for Certain Commercial Items

Original Date: 08/30/17

Revision 03 Date: 02/11/2021 replaced. This would likely result in another sole-source situation as the only known manufactuerer's of this type of equipment all utilize proprietary software to operate their systems. In any case, replacing the equipment would result in a substantial duplication of cost to the Government.

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 to SAM on July 20, 2021 with a response due date of August 4, 2021. No responses were received. This serves as confirmation there are no other sources interested in providing the required services. The software used to operate the Omnicell equipment is proprietary to Omnicell. And, Omnicell has no authorized 3rd party providers of these services. Therefor, there is no competition available.

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

Reasonable:

Omnecell has been awarded a Federal Supply Schedule (FSS) contract (V797D-30111). Prices in that contract have already been determined fair and reasonable. Although this action is expected to result in an open market award, a comparison to the prices in the FSS contract may be used to determine fair and reasonableness.

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

Market Research Was Not Conducted:

Market research was accomplished to confirm, with Omnicell, the continued proprietary nature of their software and the fact that as of this date, they still do not authorize any 3rd parties to maintain, install or upgrade their software. As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by posting of a Notice of Intent To Sole Source synopsis, advising industry of the pending acquisition and soliciting comments from interested parties. This announcement closed on 8/4/21 with no responses received.

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

As stated in Section 5 above, Omnicell owns proprietary rights to the software used to operate this equipment and has not yet authorized any 3rd parties to maintain this system or perform upgrades on the necessary software.

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

Omnicell, Inc.

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:

Unless/until Omnicell authorized 3rd parties to install, maintain, and/or upgrade the software utilized to operate this equipment, this will remain a sole-source requirement.

PM Part 813.5 SAP for Certain Commercial Items

Original Date: 08/30/17

Revision 03 Date: 02/11/2021 the Use of the Authority Cited Above (applicability of authority):

Omnicell owns proprietary rights to the software used to operate this equipment and has not yet authorized any 3rd parties to maintain this system or perform upgrades on the necessary software. In order to obtain competition, the equipment itself would need to be

5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires

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.

Karen Rubenstein

Administrative Officer

Alexandria VAMC

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.

JAMES W HUNT 579495

James Hunt

Contracting Officer

NCO 16

Digitally signed by JAMES W HUNT 579495 Date: 2021.08.05 12:09:49 -05'00'

Date

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $7SOK): I certify the justification meets requirements for other than full and open competition.

Joseph L. Warren

1013899 Joseph Warren

Chief, Services Team D

NCO 16

PM Part 813.5 SAP for Certain Commercial Items

Original Date: 08/30/17

Revision 03 Date: 02/11/2021

Digitally signed by Joseph L. Warren

1013899

Date: 2021.08.05 13:30:48-05'00'

Date