V797D-40054-035.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 3 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C247-19-AP-3053 2237: 619-20-1-019-0006

1. Contracting Activity: Department of Veterans Affairs, VISN 7, Central Alabama Veterans Health Care

System. Located at 2400 Hospital Road, Tuskegee, AL 36083.

2. Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 251 and 40 U.S.C. 501). Service and maintenance support for TCGRx equipment – APT, InspectRx, and Bulleyes for Tuskegee and Montgomery locations.

3. Order against: FSS Contract Number: V797D-40054

Name of Proposed Contractor: The Chudy Group, LLC d/b/a TCGRx

Street Address: N1671 Powers Lake Road

City, State, Zip: Powers Lake, WI 53159

Phone: 262-279-2387

4. Description of Supplies or Services:

The estimated value of the proposed action is $

Maintenance and support (extended warranty) per system located at Montgomery and Tuskegee inpatient pharmacies (ATP, InpectRx and Bulleyes). The technical support included software and licenses. (Platinum plans) Support includes site visits to address issues that cannot be easily resolved with telephone tech support and replacement of faulty equipment.

Period of performance:

Base year: 11-2-2019 to 11-1-2020 Option 1: 11-2-2020 to 11-1-2021 Option 2: 11-2-2021 to 11-1-2022 Option 3: 11-2-2022 to 11-1-2023 Option 4: 11-2-2023 to 11-1-2024

(4) IDENTIFY THE AUTHORITY AND SUPPORTING RATIONALE (see 8.405-6(a)(1)(i)(A), (B), and

(C) or 8.405-6(b)), AND IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED CONTRACTOR’S

UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED SUPPLY OR SERVICE.

An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.

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. Contractor has provided a sole source proprietary letter.

In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply https://www.gpo.gov/fdsys/pkg/USCODE-2009-title41/pdf/USCODE-2009-title41-chap4-subchapIV-sec251.pdf https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap5-subchapI-sec501.pdf https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html#wp1091891 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html#wp1091891

VHAPM Part 808.405-6 Limiting Sources Page 2 of 3 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018

Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is: The application software for the equipment to be maintained is proprietary to the firm. Any software updates and upgrades can only be administered by the firm. No other firm has rights to this data.

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. Describe the equipment/function you have now and how the new item/service must coordinate, connect, or interface with the existing system.

(5) DESCRIBE WHY YOU BELIEVE THE ORDER REPRESENTS THE BEST VALUE CONSISTENT

WITH FAR 8.404(d) TO AID THE CONTRACTING OFFICER IN MAKING THIS BEST VALUE

DETERMINATION:

Prices are established for the supplies/services in subject schedule contract. In accordance with FAR Subpart 8.404(d), the prices for supplies offered on FSS have already been determined to be fair and reasonable. Market Research shows that only TCGRx can provide technical support and maintenance for the equipment owned by CAVHCS. There are no other firms authorized. This service is necessary to keep the equipment fully operational

(6) DESCRIBE THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE HOLDERS AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED:

Market research showed only TCGRx with the services under schedule 65II A Medical Equipment and Supplies under category A-92 Medication and Supply Packaging and Dispensing Equipment; none of the 6 SDVOSB vendors listed these services. There are 326 SDVOSB and VOSB listed under the NAICS code 339112 (Schedule NAICS code) in Veterans Information Pages (VIP) However, a quick search in VIP with keyword search InpectRx and another with Pharmacy Maintenance showed zero (0) potential vendors available to provide the services. A search on the internet reveals no other potential sources for maintenance on the TCGRx equipment. Furthermore, a report from USA spending.gov shows any awards made for repairs (J Product Service Codes) to The Chudy Group/TCGRx only one response. TCGRx is the manufacturer of the equipment and the only company with factory specialized technicians to work on the ATP 320 GA system and the only company authorized to operate TCGRx proprietary functional design. TCGRx is the only company with systems engineers that have been factory trained and certified to service all TCGRx equipment. In addition, TCGRx has a strict warranty policy that states any work, replacement, reinstall, code modification/upgrade, or repair performed on TCGRx equipment components by parties other than TCGRx factory trained technicians will void both the standard and extended service warranties and service agreements.

(7) ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

No other factors to take into consideration that are not already noted.

(8) A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS THAT LED TO THE RESTRICTED CONSIDERATION BEFORE ANY

SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES IS MADE:

The Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed. When making future procurements, the various functions, VHAPM Part 808.405-6 Limiting Sources Page 3 of 3 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018 features, warranties, maintenance, technical support and any other associated costs will be taken into consideration for any equipment acquisitions.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor’s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

(10) APPROVALS IN ACCORDANCE WITH THE VHAPM Part 806.3 OFOC SOP:

a. CONTRACTING OFFICER’S CERTIFICATION (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx