36C25022Q1146.docx

Combined Synopsis/Solicitation Notice Combined Synopsis/Solicitation Notice

GENERAL INFORMATION

SET-ASIDE

Columbus Chalmers P. Wylie Ambulatory Care Center 420 North James Road Columbus OH 43219-1834

POINT OF CONTACT*

Contracting Officer Gina P. Crank gina.crank@va.gov 614 625 1236

NA

NA

PLACE OF PERFORMANCE

4100 West Third Street

Dayton OH

ADDITIONAL INFORMATION

DESCRIPTION

This is a combined synopsis/solicitation for commercial items prepared in accordance with (IAW) the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The Government reserves the right to make no award from this solicitation.

This is a request for quote (RFQ), and the solicitation number is 36C25022Q1146. The Government anticipates awarding a firm-fixed price Purchase Order resulting from this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circulars 2022-07, effective 08/10/2022. The associated NAICS Code is 334516, Analytical Laboratory Instrument Manufacturing.

The Department of Veterans Affairs, Network Contracting Office 10, is soliciting quotes from all sources to supply the Dayton VA Medical Center Reagents and Supplies for their Roche Ventana Histology Equipment. Respondents to this solicitation must fully demonstrate their capability by supplying detailed quote information, along with any other documents necessary to support the requirements below. However, we believe Roche Diagnostics is the only Contractor able to provide this requirement for the Histology Equipment.

Quotes are to be provided to Gina P. Crank, Contracting Officer, via email at gina.crank@va.gov, no later than September 27, 2022, by 5:00 PM EST. No telephone calls will be accepted. No submission received after the above-mentioned date and time will be accepted.

Statement of Work (SOW):

The requirement is for testing reagents and supplies specific for the Roche Ventana Bench Mark Ultra and Ventana Special Stainer histology equipment. Off label reagents cannot be used on the analyzer.

Reagents from the contact will be ordered on an as needed basis between October 1, 2022, to September 30, 2023, with 4 Option Years.

DELIVERIES: Deliveries shall be made to:

Dayton VA Medical Center Laboratory 4100 West Third Street Dayton, OH 45428

1. Security Requirements None

2. Place of Performance.

Laboratory

3. Period of Performance.

10/01/2022 – 09/30/2023 with 4 Option Years

4. Delivery Schedule.

Contractor shall deliver on a as needed basis beginning on October 1, 2022.

FOB Destination.

The 11 Federal Holidays observed by the Federal Government are:

Memorial Day Last Monday in May

The President of the United States of America may declare additional days as a Federal holiday, and if so, this holiday will automatically be added to the list above. When a holiday falls on a Sunday, the following Monday shall be observed as a Federal holiday. When a holiday falls on a Saturday, the preceding Friday shall be observed as a Federal Holiday.

ITEM INFORMATION

GRAND TOTAL

The following solicitation provisions apply to this acquisition:

FAR 52.212-1, “INSTRUCTIONS TO OFFERORS–COMMERCIAL ITEMS” (JUNE 2020)

FAR 52.212-3, “OFFERORS REPRESENTATIONS AND CERTIFICATIONS–COMMERCIAL ITEMS” (FEB 2021) Offerors must complete annual representations and certifications electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal in accordance with FAR 52.212-3, “Offerors Representations and Certifications–Commercial Items.” If paragraph (j) of the provision is applicable, a written submission is required.

The following contract clauses apply to this acquisition:

FAR 52.212-4, “CONTRACT TERMS AND CONDITIONS–COMMERCIAL ITEMS” (OCT 2018)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

FAR 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)

VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) – 852.203-70, 852.232-72, 852,233-70, 852.233-71 852.246-71, 852.247-71, 852.270-1

VAAR 852.212-71 GRAY MARKET LANGUAGE (MAY 2016)

FAR 52.212-5, “Contract Terms and Conditions Required to Implement Statutes or Executive Orders” Jan 2021 The following subparagraphs of FAR 52.212-5 are applicable:

[52.203-6, 52.204-10, 52.209-6, 52.219-6, 52.222-3, 52.222-19, 52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-40, 52.222-50, 52.223-18, 52.225-1, 52.225-13, 52.232-18, 52.232-19, and 52.232-33.] FAR 52.232-2 SERVICE OF PROTEST (SEPT 2006) - - Hand-Carried Address: Department of Veterans Affairs, Network Contracting Office 10, 2780 Airport Drive, Suite 340, Columbus, OH 43219

All quoters shall submit the following: A completed schedule with pricing, adequate documentation detailing the capabilities of the product.

All quotes shall be sent to the electronically via email to Gina P. Crank @ gina.crank@va.gov.

Award will be based upon a comparative evaluation of quotes in accordance with the Simplified Acquisition Procedures of FAR 13. Comparative evaluation is the side by side pairwise comparison of quotes based on factors resulting in a Contracting Officer decision for the quote most favorable to the Government.

The award will be made to the response most advantageous to the Government.

Responses should contain your best terms, conditions.

To facilitate the award process, all quotes must include a statement regarding the terms and conditions herein as follows:

"The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition."

OR

"The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:"

Quoters shall list exception(s) and rationale for the exception(s), if any.

Submission of your response shall be received not later than September 27, 2022, by 5:00 PM EST to gina.crank@va.gov Late submissions shall be treated in accordance with the solicitation provision at FAR 52.212-1(f).

Any questions or concerns regarding this solicitation should be forwarded in writing via e-mail to the Point of Contact listed below.

Point of Contact Gina P. Crank Contracting Officer Network Contract Office (NCO) 10 Office: 614-625-1236 Email: gina.crank@va.gov

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID:36C250-22-AP-6406

1. Contracting Activity: Department of Veterans Affairs, VISN/NCO 10, Dayton Medical Center (DAYTON VAMC), Laboratory Service, has a request for Ventana Reagents and supplies using transaction #552-23-1-919-0003

2. Nature and/or Description of the Action Being Processed: Network Contract Office (NCO) 10 intends to award a new, firm fixed price, base plus four option years contract to Roche Tissue Diagnostics/Roche Diagnostics Corporation. The request is for reagents and supplies for our existing Roche Ventana histology equipment.

Anthony Morris, Account Manager, Roche Tissue Diagnostics Roche Diagnostics Corporation 9115 Hague Road; PO Box 50457 Indianapolis, IN 46250-0457

FAR13.5 Simplified Procedures for Certain Commercial Items:

This procurement is for reagents and supplies in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

Ventana reagents and supplies for the current histology instruments (Ventana Benchmark Ultra and Ventana Special Staining systems).

Base Year: 10/1/2022 to 09/30/2023 Option Year 1: 10/1/2023 to 09/30/2024

Option Year 2: 10/1/2034 to 09/30/2025

Option Year 3: 10/1/2025 to 09/30/2026

Option Year 4: 10/1/2026 to 09/30/2027

REQUIRED DELIVERY DATE: Reagents will be ordered as needed: October 1, 2022 through September 30, 2027

4. Statutory Authority Permitting Restricted 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

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Only Ventana reagents and supplies are specific to the current system at the Dayton VA Medical Center. Roche is uniquely qualified to provide these kits and materials based on the following:

Accordingly, Roche Diagnostics, is the only firm capable of providing the supplies and services described in Section Three above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A search of the internet, the NAC and GSA were completed. There is only one large business contractor that can provide the necessary kits and materials, Roche. Roche is the sole provider and does not have any distributors. In addition, VIP was searched using NAICS 334516 which resulted in 118 vendors. The adding of keywords resulted in 74 vendors. As stated above Roche is the sole provider so the VA Rule of Two is Unattainable.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost will be considered fair and reasonable based on the comparison to like or similar requirements, to the IGCE, published pricing and prior acquisitions.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted by the Contracting Officer and the Laboratory staff to identify available sources to meet the requirements. Based on the results of market research, the government determined that there is only one contractor, a large business, that is available to provide the reagents and supplies for the Ventana Benchmark Ultra and Benchmark Special Staining System.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Ventana’s patented kits and reagents possess the specifications required to fill this requirement.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Roche Tissue Diagnostics Roche Diagnostics Corporation 9115 Hague Road; PO Box 50457 Indianapolis, IN 46250-0457

11. 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: The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements.

12. 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.

Laboratory Manager Dayton VA Medical Center

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. 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.

Contracting Officer NCO 10 Columbus

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Branch Chief Supply Team NCO 10 Dayton

Combined Synopsis/Solicitation Notice