36C26319Q0118-001.pdf

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

OFOC SOP Revision 08 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C263-19-AP-0443

1. Contracting Activity: Department of Veterans Affairs, Network 23 Contracting Office (NCO 23), 4801 Veterans Drive, Saint Cloud MN 56303. Organizational Activity: Department of Veterans Affairs, Minneapolis VA Health Care System, One Veterans Drive, Minneapolis, MN 55417.

2237: 618-19-3-106-0120

2. Nature and/or Description of the Action Being Processed: A firm-fixed price requirements contract to provide an all-inclusive system which can analyze whole blood, serum, and urine samples by Capillary Ion Electrophoreses and agarose gel method at the Minneapolis VA Health Care System. FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for an all-inclusive system which can analyze whole blood, serum, and urine samples by Capillary Ion Electrophoreses and agarose gel method 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.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Cost per test or reagent rental is to include reagents, controls, calibrators, service, technical support, training of users and for patient standardization purposes for serum, urine, hemoglobin electrophoreses, immunotyping/immunofixation, hemoglobin patter confirmation and quantitation. The method used for testing must be done by Capillary Ion Electrophoreses and agarose Gel method.

Period of Performance is base period of the date of award through 9/30/2019, with four one-year options.

4. Statutory Authority Permitting Other than Full and Open Competition:

(x) (1) Only One Responsible Source 41 U.S.C. 3304(a)(1) and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

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

OFOC SOP Revision 08 Page 2 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

FAR13.5 Simplified Procedures for Certain Commercial Items: 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).

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): All testing used in the treatment of patients at the Minneapolis VA Health Care System must utilize instrumentation that is approved by the FDA. Currently, Sebia is the only manufacturer that offers FDA approved testing on serum, urine, and hemoglobin specimens by Capillary Ion Electrophoreses within the US.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A sources sought 36C26319Q0102 was issued on FBO.gov seeking sources of Protein Electrophoreses Analyzers with one response from a small business, Sebia Inc.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

A determination by Contracting Officer that the anticipated cost to the Government will be fair and reasonable: a comparison will be made to the prices found reasonable on previous purchases IAW FAR 13.106-3 (a)(2)(ii).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted on VetBiz registry, using NAICS 325413 with 22 results. A sources sought was posted with one response from a small business, Sebia Inc.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: In the future, should additional protein electrophoreses analyzers be needed, the government will conduct market research to determine if additional sources are found any future procurements will be through a competitive solicitation.