JA PG Part 806.pdf

Attachment 7: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 3 Revision: 01 Effective Date: 04/01/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C263-23-AP-3090

1. Contracting Activity: Department of Veterans Affairs, VISN 23, Medical Centers

Department of Veterans Affairs, VISN 23 Pathology & Laboratory Medicine Service (PLMS) Line, All Medical Centers. Purchase request number to be determined.

2. Nature and/or Description of the Action Being Processed:

VISN 23 PLMS has a requirement for Vitek identification and susceptibility cards. These cards are proprietary for equipment already owned in VISN 23. This testing is performed on the Biomerieoux Vitek instrumentation. Test cards are proprietary to the equipment and there are no third-party distributors. The action will be a new firm-fixed-price contract (one base year and four options) with an estimated award date of May 1, 2022.The estimated five year value is $612,410.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

Biomerieux Vitek AST cards and supplies compatible with Biomerieux Vitek analyzers. CLIN schedule is include in the Statement of Work

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

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR

6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

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 VISN 23 Medical Center Laboratories, with the exception of Fargo, own Biomerieux Vitek analyzers for microbial identification (ID) and antibiotic susceptibility testing (AST). Only Biomerieux INC provides the required tests compatible with their analyzers. Biomerieux INC has provided a sole source letter supporting there are no other authorized suppliers outside of Biomerieux INC. This letter is included in the market research report.

VHAPG Part 806.3 OFOC Page 2 of 3 Revision: 01 Effective Date: 04/01/23

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Market research was performed to ascertain the potential of compatible items and small business providers available in the market place. Results of the market research show only Biomerieux INC provides these items.

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

Pricing will be compared to previously paid prices determined fair and reasonable for the same items.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Market research was performed to ascertain the potential of compatible items and small business providers available in the market place. Results of the market research show only Biomerieux INC provides these items.

9. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

BIOMERIEUX INC

515 S COLOROW DR

SALT LAKE CITY, UT 84108-1248

10. 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:

Future market research will be performed to evaluate market changes.

11. 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 and belief.

Date

Chasity Vigliotti VISN 23 Health System Specialist

12. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

VHAPG Part 806.3 OFOC Page 3 of 3 Revision: 01 Effective Date: 04/01/23

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

Joshua Imdacha Date Contracting Officer NCO 23 Contracting Office

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

John Becker Date NCO 23 HCT1 Branch Chief

NCO 23 Contracting Office

JOHN BECKER Digitally signed by JOHN BECKER Date: 2023.08.08 08:46:29 -05'00'