P03 sole source justification.pdf

VHAPM Part 816.5—Indefinite-Delivery Contracts Attachment 1: Request for Exception to Fair Opportunity Memo Format

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 1 of 3 Original Date: 08/30/2017 Date: 03/11/2019 Rev 02

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID:____36C261-20-AP-0123_________________

1. Contracting Activity: Department of Veterans Affairs Network Contracting Office (NCO) VISN 21, located at 3801 Miranda Avenue, Palo Alto, CA 94304-1209

2. Description of Action:

The proposed purchase is to enter into a firm-fixed price contract on the basis of justification for exception to Fair Opportunity. The VA Southern Nevada Health Care System is requesting to purchase reagents and supplies for existing chemistry analyzer that is currently in use at the facility.

This purchase is available under IDIQ Contract Va262-16-A-0038 with DiaSorin.

3. Description of Supplies or Services:

See attached price list from DiaSorin.

The estimated value of the proposed action is $ 68,410.00

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) Subpart 16.505 Subpart 16.505(b)(2)(i):

( ) FAR Subpart 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

X FAR Subpart 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( x ) FAR Subpart 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR Subpart 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR Subpart 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source”. The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), VHAPM Part 816.5—Indefinite-Delivery Contracts Page 2 of 3 Original Date: 08/30/2017 Date: 03/11/2019 Rev 02 known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB).

( ) FAR Subpart 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C.

644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

5. Rationale Supporting Use of Authority Cited Above:

Diasorin is the only one that can meet the IMMEDIATE needs of the federal government, due to their ability to meet our current turnaround time and patient care needs for Procalitonin testing. No other analyzer has Procalcitonin testing capabilities at this time. VA Las Vegas is currently using the DiaSorin instrument.

6. Efforts to Obtain Competition:

There is no competition anticipated for this acquisition.

6. Actions to Increase Competition:

The VA will replace existing units only after sufficient research has been completed and the availability of Procalcitonin testing in the market.

8. Market Research: The hospital staff already conduct market research. It was determined that DiaSorin is the only company that can provide Procalcitonin testing at this time.

9. Other Facts: None

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

(This signature is the requestor’s supervisor, fund control point official, chief of service, someone with responsibility and accountability)

Name Date Title Facility

11. Determination that Anticipated Cost is Fair and Reasonable: A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: The prices of supplies

BERNEITHIA P.

SIBERT 121635

Digitally signed by BERNEITHIA

P. SIBERT 121635

Date: 2019.12.19 07:47:29 -08'00'

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 3 of 3 Original Date: 08/30/2017 Date: 03/11/2019 Rev 02 under existing IDIQ contracts to be fair and reasonable. Based on price comparison against IGCE, the order represents the best value and results in the lowest overall cost to meet the Government’s need.

12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Carol Lam Date Contracting Officer. NCO 21