P03.BRAND_NAME_LSJ.Microscope_Slides_Pgh_Revised2.pdf

Revision 01 Eff Date: 04/23/2018

DEPARTMENT OF VETERANS AFFAIRS

FAR 8 – Justification for Limiting Sources (LSJ) For

Limiting Sources (<SAT)

Acquisition Plan Action ID: 36C244-19-AP-0699

1. Contracting Activity: Department of Veterans Affairs, VISN 4, VA Pittsburgh Healthcare

System (VAPHS), University Drive Campus, University Drive C, Pittsburgh, PA 15240, Pathology and Laboratory Medicine Service Line (PLMS).

2. Description of Action: This action is being submitted as a new request for brand name

Fisherbrand, Superfrost Plus Microscope Slides. PLMS is requesting a Base plus Four Option Years (OY) contract.

Order against: FSS Contract Number: GS-07F-161BA

Name of Proposed Contractor: Franklin Young International, Inc.

Street Address: 1042 N Mountain Ave STE 310 City, State, Zip: Upland, CA 91786-3695 Phone: 909-931-5012

3. Description of Supplies or Services:

The estimated value of the proposed action is $133,230.00 (Base + Four OY).

Brand name Fisherbrand, Superfrost Plus Microscope Slides that electrostatically adheres tissue sections and cells to glass; Chemical-resistant white marking surface; Size: 75 x 25mm; White.

These slides are used for tissue staining performed on the Ventana and Roche instruments in the Histology department. The slides are electrostatically charged so that no other adhereing substances are needed for the fixation of tissue slices to the slides. The slides come 144 to a box and 5 boxes to a case. 5 cases of 10 boxes will be delivered by the second Thursday of each month for a total of 600 boxes.

The prices for these items are found on FSS: GS-07F-161BA.

4. Authority:

ORDER AGAINST FSS: Authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 USC 251, et seq.); Title 40 USC 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception:

An urgent and compelling need exists, and following the procedures would result in unacceptable delays(FAR 8.405-6(a)(1)(i)(A);

Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

(FAR 8.405-6(a)(1)(i)(B));

In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order and the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order was not previously issued under sole-source or limited-sources procedures (FAR 8.405- 6(a)(1)(i)(C)); or

Items peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer (FAR 8.405-6(b)).

5. Rational/explanation to support cited authority:

It is critical that Pathology and Labortory use brand name FisherBrand Superfrost Plus slides because any contamination can potentially lead to a misdiagnosis of cancer related diseases. FisherBrand Superfrost slides have been found to be the best quality of electrostatically charged slides. Other brands have been tried in the past, but all others had a much higher amount of dust and contaminants on the slides. Also, the amount of chalk used on these other slides interfered with the quality of the engravers. FisherBrand SuperFrost Plus slides are specifically designed to be electrostatically charged so that no other adhering substance is needed when fixing tissue slices to the slides. If a slide with no electrostatically charge is used, it would require 130 additional tests to be performed to validate another product. Also, additional reagents would need to be purchased to correctly adhere the tissue to the slides. The Pathology and Labortory department has fully validated the use of FisherBrand Superfrost Plus slides. Since FisherBrand slides have already been validated and found to be top quality, going with another brand at this time could be a patient safety risk.

https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/8

Market Research was conducted to include a Request for Information (RFI) notice posted to Federal Business Opportunities (FBO) for eight days. Seven responses were received confirming the ability to meet the exact requirements for this procurement, four were SDVOSBs. Of the seven responses, one vendor confirmed they could provide an equal product. However, the end user verified, as stated above, the amount of contaminants on slides other than FisherBrand Superfrost slides could lead to a misdiagnosis.

6. BRAND NAME ONLY: This buy is estimated to exceed $25,000 and this documentation will be posted along with the RFQ on e-Buy, as required by FAR 8.405-1(e).

7. Note that this determination satisfies the requirements of FAR 8.405-6. The requirement to prepare a written justification IAW FAR 6.303 does not apply to Federal Supply Schedules.

Ronald J. Kline Benjamin A. Grogg Contracting Officer, NCO4 Deputy Director, NCO4 Date: ____________ Date: ____________

1-16-19 https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/6