36C257-24-AP-1937_Limiting_Sources_Justification_OVER_SAT HCA Approved.pdf

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

Effective Date: 02/01/2022 Page 1 of 5

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C257-24-AP-1937 JOFOC Tracker #: FY24 - NCO 17 - 1319

(1) Contracting Activity: Department of Veterans Affairs, NCO 17 for Central Texas Veterans Health Care System (CTVHCS), Olin E. Teague Medical Center at 1901 Veterans Memorial Dive, Temple, TX 76504.

(2) Description of Action: This acquisition is conducted under the authority of the Multiple- Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). This procurement is for a new five year Blanket Purchase Agreement (BPA). The Vitek 2 XL and Vitek MS system were placed in service in the CTVHCS Microbiology laboratory on October 1, 2019. We wish to retain the existing Vitek 2 XL S/N VTK2XL 4755 and purchase the updated Vitek MS Prime to replace our Vitek MS S/N 51904. These instruments fulfill our requirement for bacterial identification and susceptibility testing. This system has full interface capability with the existing Virtuo automated blood culture instrument.

Order against: FSS Contract Number: GS-07F-9525S Name of Proposed Contractor: Biomerieux, INC

Street Address: 100 Rodolphe St

City, State, Zip: Durham, NC 27712

Phone: 469-907-6018

(3) Description of Supplies or Services:

The estimated value of the proposed action is $1,244,091.33

This procurement is for a new five year Blanket Purchase Agreement (BPA). The Vitek 2 XL and Vitek MS system were placed in service in the CTVHCS Microbiology laboratory on October 1,2019. We wish to retain the existing Vitek 2 XL S/N VTK2XL 4755 and purchase the updated Vitek MS Prime to replace our Vitek MS S/N 51904. These instruments fulfill our requirement for bacterial identification and susceptibility testing. This system has full interface capability with the existing Virtuo automated blood culture instrument.

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

Effective Date: 02/01/2022 Page 2 of 5

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

FAR 8.405-6(a)(1)(B): 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)(C): 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 Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures..

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

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

The lab already has two analyzers made by Biomerieux. They are purchasing a third analyzer to replace one that has reached end of life. The two existing analyzers are expected to remain functional throughout the life of this 5 year BPA. The reagents and supplies needed to conduct the tests can only be sourced from Biomeriux due to the proprietary nature of the reagents.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(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:

The prices are published on the Vendor’s FSS contract #GS-07F-9525S. These prices have been deemed fair and reasonable by the contracting officer.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

A notice of intent to sole source was posted on contract opportunities on 3/6/2024 and closed 3/12/2024 with no responses received. A search of SB VetCert resulted in 210 SD/VOSB vendors. None of these are capable of satisfying this need. A search of the DSBS database resulted in 43 SB concerns. None of these are capable of satisfying this need. There are no

Effective Date: 02/01/2022 Page 3 of 5 small businesses that can perform this requirement as it is proprietary to Biomerieux. No other vendors can provide the machine and reagents needed by the lab for this requirement because it is proprietary to Biomerieux. It is determined to be in the Government's best interest to proceed with a sole source procurement to Biomerieux to avoid further delays that can impact patient care at the CTVAHCS.

(7) Any Other Facts Supporting the Justification: None

(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:

No actions could be made to avoid limiting sources for this procurement. The lab already owns two analyzers from Biomerieux. The cost to compete this requirement to replace all analyzers would not be beneficial to the government.

(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.)

_ 3/27/2024____

SIGNATURE DATE

Carmen Ross Medical Technologist Lab

NAME TITLE SERVICE LINE/SECTION

CTVHCS

FACILITY

CARMEN ROSS

Digitally signed by CARMEN

ROSS

Date: 2024.03.28 09:01:47 -05'00'

Effective Date: 02/01/2022 Page 4 of 5

(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.

CONTRACTING OFFICER/DESIGNEE’S SIGNATURE DATE

Michael Tusinger NCO 17____________________________ Branch Chief FACILITY/NCO/PCO

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K):

I certify the justification meets requirements for other than full and open competition.

SIGNATURE DATE

Jeff Morris Chief, Division 1

c. Director of Contracting: I certify the justification meets requirements for other than full and open competition.

Mark A. Layman DATE Director of Contracting Network Contracting Office 17

Effective Date: 02/01/2022 Page 5 of 5

Attachment 2: Request for Limited Sources Justification Format >SAT

HIGHER LEVEL APPROVAL (Required for orders over $750,000):

d. VHA RPO HCA Review and Approval (over $750,000 to $75 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for restricting consideration of the Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

Curtis M. Jordan Date Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA)