-13130.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >$150K

OFOC SOP Revision 06 Page 1 of 3 Original Date: 03/22/11 Revision 06 Date: 08/30/2017

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>$150K)

Acquisition Plan Action ID: VA256-18-AP-3157

Contracting Activity: Department of Veterans Affairs, Network Contracting Office 16, Michael E. DeBakey VA Medical Center (MEDVAMC). he procurement request for this acquisition

Nature and/or Description of the Action Being Processed: This is a sole source justification for a new contract award. The pricing will be firm-fixed-price and the period of performance will consist of a 12-month base and four 12-month options.

This procurement is being processed 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.

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

MEDVAMC owns the Steri-path Blood Culture system. Steri-path is the only vein-to-bottle closed blood culture collection system that has been clinically proven to eliminate the preventable error of blood culture contamination and false positive results. This procurement is for reagents and consumables that are compatible with the Steri-path blood culture system. It has been confirmed through market research that the Steri-path brand reagents and consumables are the only compatible supplies available on the market.

Statutory Authority Permitting Other than Full and Open Competition: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Market research was conducted, as detailed in paragraph 8 below, with the intent of determining the availability of sources for either the exact brand name reagents or for reagents that could be determined equivalent. Market research shows that Magnolia Medical Technologies is the sole manufacturer and distributor of the Steri-Path reagents and that there are no other equivalent items on the market.

As a result, it has been determined that this action must be sole sourced to Magnolia Medical Technologies.

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >$150K

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Please see the paragraph #8 below.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The reagents are commercial off the shelf items and as a result price risk is determined to be low. Price analysis will be conducted prior to award to ensure proposed pricing is fair and reasonable, such as comparing pricing to the IGCE and to historical pricing.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The customer states that Magnolia Medical Technologies is the only company that manufactures these specific reagents and that this company does not use third party distributors to source their product. To substantiate the customer’s assertion on January 12, 2018 a RFI/Sources Sought was issued on FBO with responses due January 22, 2018, the posting remaining through February before archiving. The intent of the RFI was to 1) Determine the availability of sources that could provide the exact Steri path Blood Culture system reagents and 2) Determine the availability of sources that could provide reagents and consumables determined to be equivalent to the Steri path Blood Culture system. The posting was essentially intent to sole source.

Magnolia Medical Technologies was the only company that responded to the Sources Sought confirming that there are no equivalent brands on the market.

Additionally, the contract specialist contacted Magnolia Medical Technologies representative to ensure that no distributors are available. The representative confirmed that the required reagents are proprietary and purchased directly Magnolia Medical Technologies, and that they did not use distributors or resellers to source their products.

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:

Magnolia Medical Technologies

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.