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VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7M under FAR13.5 PM Part 813.5 SAP for Certain Commer... VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7M under FAR13.5 PM Part 813.5 SAP for Certain Commercial Items Page 2 of 6 Original Date: 08/30/17 Revision 02 Date: 08/04/2020 DEPARTMENT OF VETERANS AFFAIRS SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5 Acquisition Plan Action ID: 36C250-20-AP-3011 Contracting Activity: Department of Veterans Affairs, VISN10, Network Contracting Office (NCO 10). The 2237 for this procurement is 541-21-1-575-0031 Nature and/or Description of the Action Being Processed: This activity proposes to solicit with Carefusion Solutions, LLC., a large business, for a maintenance agreement to provide coverage on the Pyxis Medstations and associated equipment located at the Cleveland VA Medical Center (Wade Park). CareFusion Solutions holds proprietary rights to the equipment and all associated software and licensing. The period of performance will be from 10-1-2020 through 9-30-2021. The Total Cost will be $285,168.00 Description of Supplies/Services Required to Meet the Agency s Needs: The Contractor shall provide all necessary labor, management, supervision, technical skills, quality control, materials, software, and equipment necessary to provide maintenance coverage on the Pyxis Medstations and associated equipment used by Pharmacy at the Cleveland VA Medical Center (Wade Park). Statutory Authority Permitting Other than Full and Open 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 ( ) 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 Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements; CareFusion Solutions, LLC. holds proprietary rights to software, upgrades, and component equipment to the Pharmacy Pyxis Medstations and associated equipment located at the Cleveland VA Medical Center (Wade Park). The purchase, installation, and upgrades of software and components can only be completed through CareFusion Solutions, LLC due to the proprietary nature of the request, as well as, the need to maintain the integrity, safety, and accuracy of the systems in accordance to manufacturer specifications. The systems provide direct patient care and cannot be compromised. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: All hardware and software licenses are copyrighted and the intellectual property CareFusion Solutions, LLC.However, OEM parts must be used to complete the repair service- We have looked for other companies with these capabilities through a variety of outlets, however, are unable to find a contractor whom displays the capabilities and access to OEM parts, tools, materials, and software necessary to maintain the stated scopes. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Determination of cost was conducted through the review of similar or like services obligated in FY20. Upon completion, it has been determined that the cost is fair and reasonable. It is determined that this is of the best value and interest of the Government. The selection of this vendor has also been determined as the best value in that the selected vendor has demonstrated the necessary skills and ability to perform the required services at a firm fixed price predetermined to be fair and reasonable. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market Research was conducted. VIP queried using NAICS Code 811219 and Pyxis identified no VOSB or SDVOSB contractors that are third party contractors that are associated with Carefusion. Third party vendors do not have access to OEM parts. Vendor must exhibit and be authorized the ability to complete all operational modifications according and under manufacturer specifications. This does not afford us the time to conduct direct market research as the VA Rule of Two cannot be met. Any Other Facts Supporting the Use of Other than Full and Open Competition: None Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Carefusion Solutions LLC 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: Not applicable-See item 5 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. 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. _____________________________ ________________________ Name: Harvey J. McGowan Date Contracting Officer Facility: NCO 10 Independence, OH One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition. _____________________________ ________________________ Lisa Bailey Date Branch Chief Services Team 2 NCO 10