36C24619Q0393-001.pdf

VHAPM Part 808.405-6 Limiting Sources Page 1 of 2 Original Date: 08/30/2017 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: 36C246-19-AP-1154

1. Contracting Activity: Department of Veterans Affairs, VISN 06, Hampton VA Medical

Center, 100 Emancipation Drive, Hampton, VA 23667 Purchase Request No. 652-19-1-167-

0040.

2. Description of Action: The Richmond VAMC is in need of a BD FACSLyric IVD flow cytometer with loader and service agreement to replace their current discontinued BD FACSCalibur that was placed into service 06/2006. The OEM for this requirement is Becton Dickinson Company. (Small

Business; DUNS: 024230633). BD does not have any authorized resellers/distributors.

Order against: FSS Contract Number: GS-07F-195DA

Name of Proposed Contractor: Becton, Dickinson and Company

Street Address: 2350 Qume Drive

City, State, Zip: San Jose, CA 95131-1812

Phone: 1-443-838-3333

3. Description of Supplies or Services: The BD FACSLyric flow cytometry solution combines simplicity, speed and automation to ease workflow and improve productivity. The BD

FACSLyric is a next generation flow cytometer that enables standardization and collaboration through consistent results and unique assay portability and sharing capabilities.

The estimated value of the proposed action is

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));

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

VHAPM Part 808.405-6 Limiting Sources Page 2 of 2 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018

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: Items for this acquisition are proprietary to Becton, Dickinson and Company. The Richmond VAMC has previously standardized on the BD System and this requirement will upgrade their current discontinued platform while allowing them to maintain the same standard of care. While there are other flow cytometer systems on the market, maintaining the BD brand will prevent undermining of current standardization efforts, allow for a seamless transition, and prevent a training/cost burden that’s not anticipated to be recouped through a competitive acquisition.

6. BRAND NAME ONLY: This buy is estimated to exceed $25,000. An intent to sole source will be posted to FBO along with the Justification documentation.

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.

JERRY L MANN

Contracting Officer

Date: _3/11/19______________ https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/6