Sole Source Justification - Over SAT signed.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C242-23-AP-2105

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

528-24-1-8803-0002 – Albany 528-24-1-4803-0001 – Buffalo 528-24-1-6803-0002 – Finger Lakes 620-24-1-131-0004 - Hudson Valley 528-24-1-7803-0003 - Syracuse

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

Service Maintenance Agreement for a CareFusion Pyxis Prescription Dispensing & Tracking System and a CareFusion Tissue & Implant Management System (TIMS), located at the Albany, Buffalo, Finger Lakes, Hudson Valley and Syracuse VA Medical Centers. The main purpose of the Prescription Dispensing & Tracking system is to automate the filling of in-house prescriptions and to serve as a workflow management tool with the Pharmacy to provide accurate, verified and efficient drug dispensing & tracking by use of state of the art technology. The main purpose of the Pyxis TIMS is to automate the storage, dispensing and tracking of implants used by several different departments in the facility and to serve as a workflow management tool to provide accurate, verified and efficient implant dispensing & tracking by use of state of the art technology. Both Pyxis systems work with existing Pharmacy computer systems, Vista, and BCMA and utilize barcode scanning controls to ensure prescription/implantable accuracy and minimize delivery errors. This advanced workflow technology directs the dispensing process from point of entry to patient delivery.

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

The value of the proposed action is $503,389.96

The basic support and maintenance plan consists of the following:

1. Technical support center access 24 hours/365 days.

2. On-site Field service within 24 hours of initial call.

3. Adjustment and replacement of non-consumable parts.

4. Maintenance and replacement parts on an exchange basis.

5. Replacement cubie pockets.

6. On-site preventative maintenance once a year.

7. Software updates.

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 ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Effective Date: 02/01/2022 Page 2 of 3

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

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

As a result of patents and copyrights associated with the CareFusion Pyxis product line, only the Original Equipment Manufacturer(OEM), CareFusion Solutions, LLC has the ability to provide all the required services for this procurement.

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 May 16, 2023 to May 30, 2023 with no responses received.

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

The pricing of the service is comparable to the previous contract for equal service however there will additional cost incurred as Hudson Valley will be incorporated into Upstate VISN 2 requirement.

The cost is the same to all customers, therefore the pricing is considered fair and reasonable.

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

A search of VIP database, SBA VetCert, SBA, GSA and FPDS was conducted and no potential vendor was found. A Notice of Intent was posted on SAM which yielded zero responses.

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:

Carefusion Solutions, LLC, 3750 Torrey View CT, San Diego, CA, 92130

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.

Lisa Rummings Date Administrative Officer Biomedical Engineering Department of Veterans Affairs

Effective Date: 02/01/2022 Page 3 of 3

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.

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.

Jospeh Cellino Date Services Team 1 RPO East NCO2, Branch Chief https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx