SSJ_Redacted.pdf

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C244-22-AP-4786 | 36C244-22-AP-5677

1. Contracting Activity:

Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Pittsburgh, PA 15215-0802

Purchase Request (VA2237): 693-22-3-179-0168 | Brand Name Draeger Anesthesia Machines | Wilkes-Barre VAMC located at 1111 East end Boulevard, Wilkes-Barre, PA 18643.

Purchase Request (VA2237): 642-22-4-315-0300 | Brand Name Draeger Anesthesia Machines | CPL Michael J. Crescenz VA Medical Center, 3900 Woodland Avenue, Philadelphia, 19104.

Contracting Agency: Network Contracting Office 4

2. Nature and/or Description of the Action Being Processed: This procurement is for (Draeger Anesthesia Machines) in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. This Brand Name requirement follows from a previous Drager Anesthesia Machine that replaces equipment that is at the end-of-life cycle. While this acquisition is followed on to a previous requirement, the equipment suite that the procurement delivers provides extensively more capabilities than provided by previous models.

3. Description of Supplies/Services Required to Meet the Agency�s Needs: The requested anesthesia machines are necessary to perform operating room procedures and are used daily.

They are designed to deliver oxygen along with other anesthetic gases including volatile anesthetic vapors in specific concentrations to patients with the help of breathing circuits.

Our current anesthesia machines have reached the end of their lifespan making it a necessity to purchase new ones as the old ones become obsolete. Parts are no longer available or able to be ordered to repair them if they become nonfunctional. Even with regular servicing, there is a potential for failure of the old equipment making it necessary to purchase new machines.

There are not other alternative equipment options to meet this level of standard of care in the industry.

The estimated delivery dates/periods of performance: 30-60 ARO

4. Statutory Authority Permitting Restricted Competition:

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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

( ) 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 defined in FAR subpart 11.105, the particular Draeger equipment is essential to the Government's requirements no other commercial product can meet the agency�s need.

The material/service must be compatible in all aspects (form, fit, and function) with existing systems presently installed/performing. The Drager Anesthesia Machines are consistent with the current equipment allowing the options needed to provide veteran patients with the best care. Additionally, the machines are perfect in size and scope to be placed in the Operating Room (OR) with no need to move or rearrange the other items in the OR, thus providing continuity with the Doctors, Nurses, and Anesthesiologist's needs during patient procedures.

Please note that this does not exempt this purchase from the competitive procurement process. Based on the Market Research, Pursuant to 38 U.S.C. the contracting officer reasonably expects two or more small businesses owned and controlled by veterans will submit offers. Therefore, the award can be made at a fair and reasonable price that offers the best value to the United States.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:The Contracting activity issued a Sources Sought Notice:

Request For Information 36C24422Q0913, that received two (2) responses from Janz Corporation and Sierra 7, both of which are Draeger�s Authorized SDVOSB Federal Government Distributors.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: IAW (FAR 13.106-3)(a)((1) Prices will be determined fair and reasonable based on competition. Two or more respnsisble offerors, competiting independently, submit offerors that will satisfy the expressed requirement. Award will be based on best value where price is a substantial factor in the source selection.

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13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: This part if filled out by Contracting Staff as part of the Justification

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.

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.