Sole Source Justificaton.pdf

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

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 02 Effective Date: 04/15/2023

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-23-AP-0767

1. Contracting Activity:

Department of Veterans Affairs, VISN 02, James J Peters Medical Center, 130 West Kingsbridge Road, Bronx NY 10468. 526-23-4-644-0305

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

Network Contracting Office (NCO)2 intends to award a new sole source firm fixed price contract for I-Care 24/7 remote with technical support and sensors calibrations contract for temperature, humidity, and pressure automated monitoring system TempTrak to SDVOSB TrillaMed LLC.

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

The James J Peters VAMC utilizes a preparatory temperature, humidity, and pressure deferential monitoring system as required by VHA, Joint Commission, ISO, and pharmacy. The system is required to monitor environmental parameters for all patient care critical areas such as SPS, Pharmacy, Medical fridges and freezers, food service, procedure rooms, clean supply closets, commissary, radiology, vaccine storage equipment, research labs, and blood bank. The system requires 24/7 technical support (I-Care Remote Support) and annual sensors calibration to maintain accuracy of the readings. Any failures to the system of calibration will result is disposal of critical medications, vaccine, sterilized supplies, and reduce patient care. Estimated Value: $364,746.00

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):

VetCert verified TrillaMed LLC is the only authorized SDVOSB vendor to support Emerson-Cooper equipment with their certified technicians. TrillaMed provided documentation that they are the only authorized Veterans Administration hardware and service distributor.

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 VIP search on 8/24/2023 using NAICS code 811219 and key word “TempTrak” resulted in no organizations found. Another VIP search on 9/7/2023 using same keyword but with NAICS code 811210 also resulted in no organizations found.

https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

Effective Date: 04/15/2023

A DSBS search with the same criteria above provided the same results.

A review of market research on recent awards (36C24221P1057 and 36C24222P1166) found that TrillaMed had been determined to be the only company able to provide this service as a sole source.

SAM search on TrillaMed verified active with no exclusions.

VETBIZ search confirms TrillaMed as a verified SDVOSB.

A Special Notice of Intent to sole source this requirement was posted on SAM 36C24223Q1192. No responses received from any vendor.

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

Reasonable:

Pricing analysis will be accomplished by reviewing procurement history to determine prices to be fair and reasonable. TrillaMed LLC has been the sole authorized distributer for government agencies of the maintenance and support for the TempTrak System and a detailed history of pricing is available. Review of IGCE and estimates identified in acquisitions for similar government commercial services are comparable in prices paid to TrillaMed LLC. The anticipated total cost of the contract is estimated to be $364,746.00. The Contracting Officer has determined that the anticipated cost to the Government for the services covered by J&A will be fair and reasonable based on comparison of pricing with other facilities procuring the same services, and negotiations with the offeror to ensure the most advantageous pricing.

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

No other sources were identified.

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

The equipment is manufactured by Emerson/Cooper Atkins Corporation; however, maintenance and service are only provided by their sole authorized distributor TrillaMed LLC, and there are no other options currently available for meeting VA customer needs.

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

Trillamed LLC 30100 Telegraph Road STE 366 Bingham Farms, MI 48025

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:

Market research will be conducted on a continuing basis to determine if additional sources enter the market.

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.

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3

Effective Date: 04/15/2023

Name: David Ng Date Title: General Engineering Supervisor Facility: JJP (Bronx) 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.

Andres Cepeda Date Contracting Officer

NCO2

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Name: Janine Childs Date Branch Chief Services Team 2

NCO2

c. 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 $75 million) or approve ($750K to $75 million) for other than full and open competition.

N/A N/A

Name Date VHA Head of Contracting Activity (HCA) https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx