Description
Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Sole Source Justification Format >SAT Rev: 13 Effective Date: 02/01/22 Page 1 of 4 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C262-22-AP-8562 Contracting Activity: Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 22, Network Contracting Office (NCO) 22 located at 4811 Airport Plaza Drive, Suite 600, Long Beach, CA 90815, in support of VISN 22, Long Beach VA Healthcare System. VA2237: 600-22-4-441-0940 Nature and/or Description of the Action Being Processed: VA Long Beach Healthcare System has a requirement which needs justification and approval for a firm-fixed priced purchase of COMBOLAB Recording System by awarding to a Service-Disabled Veteran Owned (SDVOSB) Sole Source. Description of Supplies/Services Required to Meet the Agency s Needs: VA Long Beach Healthcare System has a need to purchase a ComboLab Recording System manufactured by GE. The ComboLab Electrophysiology and Hemodynamic Recording System is a Recording system that allows the flexibility to perform both hemodynamic and electrophysiology procedures on one single platform, ComboLab provides the advanced clinical tools needed to help physicians deliver quick, confident Cardio diagnoses. Statutory Authority Permitting Other than Full and Open Competition: ( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) 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 (X) (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; Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): 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 819.7007 or 819.7008 up to $5,000,000. The authority cited above states that a Contracting Officer may award a contract to a verified SDVOSB concern using procedures other than competitive procedures provided (1) The anticipated award price of the contract (including options) will not exceed $5 million; (2) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.301(d) ; (3) The SDVOSB concern has been determined to be a responsible source with respect to performance; (4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government; (5) this authority is used judiciously and only when in the best interest of the Government; (6) the SDVOSB source meets eligibility requirements in VAAR 819.7003; and (7) A procurement requirement estimated to exceed the legislative threshold of $5 million is not to be split or subdivided. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: It was revealed that Trillamed LLC is the is GE Healthcare s Sole Authorized OEM Service-Disabled Veteran Owned Small Business distributor. Authorized Distributor/Reseller letter/memo provided and signed by Mr. William C. Elliot the Director, Government Contracts for GE Medical Systems Information Technologies. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer has determined that (1) The anticipated award price of the contract will not exceed $5 million; (2) synopsizing the justification is not applicable in accordance with (IAW) FAR part 5; (3) The SDVOSB concern has been determined to be a responsible source with respect to performance; (4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government (see paragraph 7 below); (5) use of this authority is judicious and in the best interest of the Government; (6) the SDVOSB source meets eligibility requirements in VAAR 819.7003 as the source is eligible under this subpart, NAICS code matches the one assigned in this acquisition, and verification is current in VIP database (www.vip.vetbiz.gov); and (7) this requirement will not be split or subdivided to meet the $5 million threshold. By meeting all seven (7) requirements, sole sourcing this requirement to a verified SDVOSB is applicable and meets the requirement of VAAR 819.707. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted in accordance with FAR Part 10, was conducted by a research of VIP verified sources which yielded 178 SDVOSB/VOSB potential qualified sources. This SDVOSB sole source, however, is being conducted under the authority of 41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute) in which the CO is permitted to use judiciously. Any Other Facts Supporting the Use of Other than Full and Open Competition: Market research was conducted, and it was revealed that TrillaMed LLC, is GE Healthcare s Sole Authorized OEM Service-Disabled Veteran Owned Small Business distributor. Authorized Distributor/Reseller letter/memo provided by manufacturer GE Medical Systems Information Technologies. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: It was revealed in writing that TrillaMed LLC is the is GE Healthcare s Sole Authorized OEM Service-Disabled Veteran Owned Small Business distributor. Authorized Distributor/Reseller letter/memo provided and signed by Mr. William C. Elliot the Director, Government Contracts for GE Medical Systems Information Technologies. 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: TrillaMed LLC is GE Healthcare s Sole Authorized OEM Service-Disabled Veteran Owned Small Business distributor. Authorized Distributor/Reseller letter/memo provided and signed by Mr. William C. Elliot the Director, Government Contracts for GE Medical Systems Information Technologies. 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.