36C25623Q1347_2_JA.pdf

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

Last Updated: 02/01/22 Page 1 of 2

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106-1 For

Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)

Acquisition Plan Action ID:

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 16, located at 5075 Westheimer Rd., Ste. 750, Houston, TX 77056. Program Office: Michael E. DeBakey VA Medical Center (MEDVAMC) located at 2002 Holcombe Blvd; Houston, Texas 77030; purchase request # .

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount: The Rapid Analytical Chemistry Laboratory at MEDVAMC is in the need to replace its two current Osmometers PRO MAX. The current Osmometers instrument are beyond economical repair and past their end of useful life. The estimated amount:

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: Osmolality is a fundamental measurement of the total solute concentration of a liquid solution, and it is directly related to osmotic pressure. Osmotic pressure is of vital importance in biology as it relates to fluid balance, nutrient transfer, and waste removal processes in all cellular organisms. Because of this, there are limitless applications and uses for measuring concentration of liquid solutions. Osmometry is the ideal laboratory instrument for improving laboratory efficiency, throughput, and workflow. The MEDVAMC is standardize equipment to improve efficiencies and patient safety. Brand name only is being requested in order to standardize with existing equipment. This is the only instrument that meets our osmolality testing requirements and is directly comparable to equipment utilized for this testing by MEDVAMC standards. This instrument is the updated model of current equivalent to the Osmometer’s currently in the Rapid Analytical Chemistry Lab resulting in the following: minor changes to current laboratory methods an SOP’s, new training will need to be provided to utilization of the new instrumentation, seamless transition/swap resulting in the shortest possible downtime of osmolality testing capability for the Rapid Analytical Chemistry Lab, maintained productivity of Rapid Analytical Chemistry Laboratory staff due to familiarity with equipment and functionality. The use of identical equipment in all Path & Lab departments decreases the possibility of human error, thereby increasing patient safety. Per GAO decision B-411904 where, as here, a requirement relates to human safety concerns, the agency has the discretion to set its minimum needs so as to achieve not just reasonable results, but the highest possible reliability and effectiveness. Therefore, the brand name only approach is substantiated.

4. Description of market research conducted and results or statement why it was not conducted: The Contracting Officer description of market research conducted in accordance with VA Acquisition Regulation (VAAR) 810.001-70 Market Research Policy in performing market research and conducted the following checks. May 26, 2023, an RFI/ Sources Sought was posted to the SAM website with the responses requested by May 31, 2023. The posting remains available until June 20, 2023, prior to archiving. The intent of the RFI was to 1) Determine the availability of sources who could provide the exact brand name items and 2) Determine the availability of sources who could

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

Last Updated: 02/01/22 Page 2 of 2 provide items determined to be equivalent to the items. The posting was essentially an intent to establish sources and it was stated in the RFI that responses would be used to determine the future formal procurement strategy. Three (3) RFI response was received, Advanced Instruments, LLC the OEM a SB, Franklin Young a SDVOSB as a FSS reseller of authorized distributor Thermo Fisher a LB, and Veterans Healthcare Supply Solutions a SDVOSB but the OEM did not provide their name as an authorized distributor.

Contracting Officer accomplished in accordance with VA Acquisition Regulation (VAAR) 810.001-70 Market Research Policy in performing market research and conducted the following checks.

Searched AbilityOne.gov on 05/26/2023 with key word “OSMOPRO” with no results found. Searched SBA DSBS on 05/26/2023 with key word “OSMOPRO” and NAICS 334516 with no results found.

Searched Interagency Contract Directory on 05/26/2023 with key word “advance instruments” with 1 response found show two (2) DO/TO with the OEM awarded on 10/01/2021 36C24622N0144 and 10/01/2022 36C24623N0050 against 246-Network VISN IDC 36C24622D0021 for GloCyte System Consumables. Searched VA SCMC on 05/26/2023 with the Part No. “OSMOPRO” with no results found. ECAT searched with key item code #OSMOPRO with two resulted found, VWR International on their DLA ECAT SPE2DE22D0007 and Fisher Scientific Company on their DLA ECAT SPE2DE19D0007 but with the items under the SAT and also available on FSS priority guidance is to acquire through procurement and not by Logistics through the ECAT system. Searched VA NAC on 05/26/2023 with the with the Part No. “osmopro” with no results found. Searched GSA Advantage on 05/26/2023 with key the Part No. “osmopro” with no results found. Searched GSA eLibrary on 06/13/2023 with key word “osmopro” with no results, but RFI response from Franklin Young a SDVOSB stated is available on FSS GS07F0636W. Searched FPDS using key word “osmopro max” with the most recent award with the VA to Stripes Global, INC. a SDVOSB on 36C24423P0602 awarded 06/22/2023 in the amount of $61,738.05 under NAICS 334516 solicited Unrestricted with 1 offer for the exact same item and services. CO reached out to Advanced Instruments OEM for a list of authorized distributors. OEM stated that none of the vendors listed from RFI results are authorized resellers of the OsmoPRO MAX. The OsmoPRO MAX is a sole source only product. In the circumstance where direct purchases are not possible, ThermoFisher (LB), Stripes Global (SDVOSB), and Cardinal Health (LB) are eligible for exceptions. However, this exception is much more expensive than the direct option. The OsmoPRO is the same price as the OsmoPRO MAX however lacks many of the features of the OsmoPRO MAX.

Baseded on the market research and investigation of Gov-wide databases revealed that the VA Rule of Two is not met, therefore based on the NMR, will be solicit as an SB set-aside IAW FAR13.5 above the MPT and below the SAT.

5. Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date