P03 Limiting_Sources_Justification_OVER_SAT_Chemistry NC_Redacted.pdf

Effective Date: 02/01/2022 Page 1 of 3

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C261-24-AP-1898 JOFOC Log Number: FY24 – NCO 21 - 1121

(1) Contracting Activity: Department of Veterans Affairs, Regional Procurement Office West (RPOW), Network Contracting Office (NCO) 21, on behalf of VA Northern California Healthcare System

(VANCHCS).

2237: 612-24-2-113-0280

(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). Pursuant to Federal Supply Schedule (FSS) Group 66 III and FSS Contract Clause I-FSS-646, it is the intent of the Department of Veterans Affairs (VA), Network Contracting Office 21 (NCO 21) to establish a new six-month bridge requirement for a Cost-Per-Reportable-Result (CPRR) delivery order for automated clinical laboratory chemistry and immunoassay analyzers VANCHCS.

Order against: FSS Contract Number: V797D-70260

Name of Proposed Contractor: Beckman Coulter, Inc.

Street Address: 250 S. Kramer Blvd.

City, State, Zip: Brea, CA 92821 Phone: 1.800.526.3821 Ext 423357

(3) Description of Supplies or Services:

The estimated value of the proposed action is

The proposed period of performance is 04/01/2024 – 09/30/2024.

The intent of the Government is to establish a six-month contract with the current Contractor, Beckman Coulter, for chemistry and immunoassay testing while awaiting a new Indefinite Delivery, Indefinite quantity (IDIQ) solicitation and award. Current instrumentation, software, ancillary equipment, and analyzer specific reagents will be used. The Contractor is required to provide a continuously stocked inventory of reagents, standards, controls, supplies, disposables and any other materials required to properly perform tests on the equipment such that equipment operations are not interrupted. These items shall be of the highest quality, sensitivity, specificity and tested to assure precision and accuracy.

(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.

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; the original order was competed under V797D-70260, 36C26123F0008 and solicitation number 36C26122Q0589.

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

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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 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 contractor is the current incumbent providing the supplies and services to the VANCHCS. For continuity of continued supplies and services to veterans, it does not make business sense to attempt to solicit and award another contract for the same supplies and services when a long-term requirement is currently being procured. In addition, there is no other vendor that is able to mobilize and perform this requirement without a lapse in performance. The Government cannot afford a lapse in chemistry and immunoassay testing services because veterans depend on diagnosis for their health. This bridge contract will utilize the same rates that are in the existing contract as established by the VA NAC FSS pricing and schedule. These rates were determined to be fair and reasonable at the time the FSS contract was awarded.

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

Limited Market research was performed, because a new long-term procurement is concurrently being sought with this action.

A Veteran Small Business Certification (VetCert) search utilizing NAICS code 334516 – Analytical Laboratory Instrument Manufacturing, yielded 207 service-disabled veteran-owned small business (SDVOSB)/ veteran-owned small business (VOSB) matches. However, this is a sole source requirement to the Large Business incumbent.

There’s no reason to believe there are SD/VOSB vendors capable of fulfilling this requirement.

A search of the SBA’s Dynamic Small Business Search (DSBS) utilizing NAICS 334516 and keyword “Immunochemistry” yielded 0 results.

A query of GSA’s e-Library utilizing keyword “Immunochemistry analyzer” returned category 66 III – Clinical Analyzers, Laboratory, Cost-Per-Test and SIN 605-6A – High Maintenance/Complexity Analyzers. A review of 605-6A schedule holders revealed eight (8) Large Businesses with active contracts. There were no small businesses listed.

A query of the Department of Veterans Affairs (VA) National Acquisition Center (NAC) catalog using SIN 605-6A

– High Maintenance/Complexity Analyzers showed the same eight large businesses and contracts as listed with GSA. Again, there were no small businesses listed.

A search of the Federal Procurement Data System (FPDS) with keywords “Immunochemistry analyzer” and a separate search with NAICS 334516 and keyword “66III” yielded extensive purchase history; the most recent of which appears to have been primarily awarded to the eight large business contractors listed on the Federal Supply Schedule.

The required supplies and services continue to be available through FSS contract V797D-70260 awarded to Beckman Coulter.

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(7) Any Other Facts Supporting the Justification:

The Network Contracting Office is actively working on a long-term contract. In the interim the supplies and services must continue for the veterans who obtain care from the VANCHCS. The supplies and services are critical for VANCHCS, there is no other viable alternative available to avoid disruption in patient care.

(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:

As previously described, the long-term replacement contract is actively being worked.

(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.

Martha Goodwin DATE Laboratory Manager Pathology & Laboratory Medical Service VANCHSC, Sacramento Medical Center

(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.

Amanda J. Hildreth DATE Contracting Officer Network Contracting Office (NCO) 21

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.

Mandy L. Thompson DATE Supply I Branch Chief Network Contracting Office (NCO) 21