6515--FY25 Custom Surgical Packs for OR (VA-25-00008488) (Attn: John Harmsen)

SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 6

Revision: 03

Effective Date: 06/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C246-24-AP-6602

Contracting Activity: Department of Veterans Affairs, VISN 6, VA Asheville Medical Center, Network Contracting Office 6 (NCO 6).

2237 637-25-1-428-0003

Nature and/or Description of the Action Being Approved: This procurement is for Custom Surgical Procedure Supply Bundles in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.50 I 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.

Description of Supplies/Services Required to Meet the Agency s Needs: This action will result in the award of a sole source, firm-fixed price, purchase order, to Geo-Med, LLC, to deliver Custom Surgical Procedure Supply Bundles on an as needed basis, to the Charles George VA Medical Center in Asheville, North Carolina. The custom surgical procedure bundles include surgical supplies identified as necessary to conduct several types of procedures. Each type of bundle is intended for a specific surgical procedure. The types of surgical packs anticipated for award under this contract include packs for Open Heart surgery, Cataract surgery, Knee surgery, Hip surgery, Arthroscopy, Chest procedures, Ear Nose and Throat surgery, Carotid procedures, and Endovascular surgeries. The independent government estimate for this requirement is $724,071.44, over a twelve (12) month period. The period of performance will begin on 1 Oct 2024 and end on 30 Sept 2025.

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

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

VAAR 819.7008 (DEVIATION) and VAAR 819.7009 (DEVIATION): The authority allows sole source awards to SDVOSB/VOSB based on 38 U.S.C. 8127(c) and that the SDVOSB/VOSB concern has been determined to be a responsible source with respect to performance and the business meets eligibility requirements in 819.7003(DEVIATION).

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:

The determination to make a sole source award is a business decision wholly within the discretion of the contracting officer. To ensure that opportunities are available to the broadest number of certified SDVOSBs, FY24 (36C24624P0054) contract was intended to be a bridge, or short-term purchase order, that would ensure continued supply pending completion of E-CAT contract for Custom Trays, however, the DLA is no longer willing to Contract Custom Made Packs so these will not be available via ECAT. This will be solicited as an SDVOSB set-aside for FY26.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Acquisition history and historic pricing is available for reference in making a reasonableness determination.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 or 819.7009 up to $5,000,000, as appropriate, subject to review and approval of the designated procurement official outlined in FAR 6.304 (See VHAPG Part 819.7008-7009 for additional details). Market research included the review of acquisition history.

Any Other Facts Supporting the Use of Other than Full and Open Competition: None by authority under 38 USC 8127(c).

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Geo-Med LLC (SDVOSB) has provided the surgical packs for several years.

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: No actions are planned, each surgical pack is custom and working with more than one vendor could lead to incomplete packages with inferior instruments.

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.

_____________________________

Travis Burkhalter

Logistics

VAMC Asheville

Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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.

_____________________________

John Harmsen

Contracting Officer

Supply/Service Team 1

NCO 6

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.

_____________________________

Jerry Mann

Branch Chief

Supply/Service Team 1

NCO 6 Awarded contract 36C24625P0036 to GEO-MED, LLC for 724071.44000000 on 2024-10-01.