FAR 8 Limiting Sources Justification (36C242-23-AP-3875) Redacted.pdf

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

Acquisition Plan Action ID: 36C242-23-AP-3875

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

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C242-23-AP-3875

(1) Contracting Activity: Department of Veterans Affairs, Network Contracting Office 02, located at 130 W. Kingsbridge Road, Bronx, NY 10468-3904, in support of the following VISN 02 Downstate VA facilities:

James J. Peters VA Medical Center (130 W. Kingsbridge Road, Bronx, NY 10468-3904);

East Orange VA Medical Center (385 Tremont Avenue, East Orange, NJ 07018-1023);

Castle Point VA Medical Center (41 Castle Point Road, Wappingers Falls, NY 12590-7004);

Franklin Delano Roosevelt Hospital (2094 Albany Post Road, Montrose, NY 10548-1454);

Margaret Cochran Corbin VA Campus (423 East 23rd Street, New York, NY 10010-5011);

Brooklyn VA Medical Center (800 Poly Place, Brooklyn, NY 11209-7104);

Northport VA Medical Center (79 Middleville Road, Building 200, Northport, NY 11768-2200).

(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 acquisition is to establish a follow-on Federal Supply Schedule (FSS) Blanket Purchase Agreement (BPA) for a period of one year, effective October 1, 2023 through September 30, 2024, with one option year.

BPA against: FSS Contract Number: V797D-70260

Name of Proposed Contractor: Beckman Coulter, Inc. (UEI PU6HHX2R11C7) Street Address: 250 S. Kraemer Blvd.

City, State, Zip: Brea, CA 92821 Phone: 714.872.6271

(3) Description of Supplies or Services:

The estimated value of the proposed action is $6,584,786.96.

Base Year: 10/01/2023 through 09/30/2024 $4,190,516.36 Option Year 1: 10/01/2024 through 09/30/2025 $2,394,270.60

It is anticipated that the second year of the BPA will be the period when the facilities transition to new analyzers on a new BPA by the mid-year mark of this BPA option year 1, thus significantly reducing annual volume on this BPA during this period.

The Contractor shall provide fully automated Chemistry and Immunochemistry analyzers to each site on a Cost-Per-Reportable-Result (CPRR) basis on all the test menu functions covering the following categories: Cellular Morphometric Parameters (CMP), Drugs of Abuse Testing

Acquisition Plan Action ID: 36C242-23-AP-3875

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

(DAT), Electrolytes (ELECT), Esoteric, General Chemistry, Immunochemistry (IMMUNO), Indices, Proteins, Specialty, and Therapeutic Drug Monitor (TDM). The CPRR pricing includes reagents, controls, calibrators, kits (for tests, controls, calibrators), repeats, dilutions, consumables (e.g., cups, tips), and all other items including parts, service, preventive maintenance, and labor. Cost per test is not acceptable.

(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;

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 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 proposed single-award BPA is for new work beginning October 1, 2023 and is a logical follow-on to FSS BPA V797D-70260 36C24218A0031, expiring September 30, 2023.

FSS BPA V797D-70260 36C24218A0031 was competitively awarded from solicitation 36C24218Q0043 (GSA eBuy RFQ1253791), effective October 1, 2018 for a period of one year with four option years. Awardee was Beckman Coulter, Inc.

Acquisition Plan Action ID: 36C242-23-AP-3875

Effective Date: 02/01/2022 Page 3 of 5

There were numerous Government delays impacting implementing the contractor-owned analyzers and automation lines at the various sites (referred to as going “Live” or reaching the “Live” milestone). By the end of the BPA’s first year in September 2019, only three of the seven VISN 2 downstate site analyzers went “Live” – James J. Peters VAMC, East Orange VAMC, and Northport VAMC (Northport VAMC automation line is still not “Live” due to Government delays). Between May through August 2020, the Castle Point VAMC and the FDR Hospital went fully “Live”. The Margaret Cochran Corbin VA Campus and Brooklyn VAMC did not go fully “Live” until June 2022. With these protracted delays, the intended maximal use of the analyzers has still not materialized. To maximize the use of these analyzers, it is prudent to continue utilizing the Beckman Coulter analyzers currently installed at all VISN 2 downstate facilities for an additional two years under a new FSS BPA.

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

A search for Veteran Small Business with the keyword “Chemistry” and the PSC 6550 yielded no results. A search in GSA eLibrary Schedule 66 III, Category 605-1A, yields seven Large Business and 1 Small Business.

(7) Any Other Facts Supporting the Justification:

CPRR pricing includes the following features at each site:

James J. Peters VA Medical Center

(2) P/N C52823 DxS Prod Monthly Prod, DxC700AU

(1) P/N C57006 REMISOL Advance V2.0 Server MSK SG

(1) P/N C57012 REMISOL Advance V2.0 Test Server Kit SG

(2) P/N B86069 Remisol Virtual Server Software DxS Protection Pro Service

Package (8x7)

(1) P/N A62244 Chemistry Dictionary Services

East Orange VA Medical Center

(2) P/N C52826 DxS Prod Monthly Prod, AU5810

(1) P/N C57006 REMISOL Advance V2.0 Server MSK SG

(1) P/N C57012 REMISOL Advance V2.0 Test Server Kit SG

(2) P/N B86069 Remisol Virtual Server Software DxS Protection Pro Service

Package (8x7)

(1) P/N A62244 Chemistry Dictionary Services

Hudson Valley Healthcare System (Castle Point VAMC and FDR VA Hospital)

(2) P/N C52823 DxS Prod Monthly Prod, DxC700AU

(1) P/N C57006 REMISOL Advance V2.0 Server MSK SG

Acquisition Plan Action ID: 36C242-23-AP-3875

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

(1) P/N C57012 REMISOL Advance V2.0 Test Server Kit SG

(2) P/N B86069 Remisol Virtual Server Software DxS Protection Pro Service

Package (8x7)

(1) P/N A62244 Chemistry Dictionary Services

Margaret Cochran Corbin VA Campus

(2) P/N C52823 DxS Prod Monthly Prod, DxC700AU

(1) P/N C57008 REMISOL Advance V2.0 Client Kit SG

(1) P/N B85112 Remote Site Implementation

Brooklyn VA Medical Center:

(2) P/N C52823 DxS Prod Monthly Prod, DxC700AU

(1) P/N C57008 REMISOL Advance V2.0 Client Kit SG

(1) P/N B85112 Remote Site Implementation

Northport VA Medical Center:

(2) P/N C52823 DxS Prod Monthly Prod, DxC800

(1) P/N C57006 REMISOL Advance V2.0 Server MSK SG

(1) P/N C57012 REMISOL Advance V2.0 Test Server Kit SG

(2) P/N B86069 Remisol Virtual Server Software DxS Protection Pro Service

Package (8x7)

(1) P/N A62244 Chemistry Dictionary Services

(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:

Market research is currently underway for developing a future requirement to be solicited on a competitive basis for a new Blanket Purchase Agreement (BPA) beyond the needs of this BPA.

(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.