JOFOC Chem IA_Redacted.pdf

Effective Date: 02/01/2022 Page 1 of 4

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID:___36C261-22-AP-3513___

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

(VAPAHCS).

2237: 640-23-1-034-0002

(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 requirement for a Cost-Per-Reportable-Result (CPRR) delivery order for automated clinical laboratory chemistry and immunoassay analyzers for a period of 12 months.

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: 714-872-6271

(3) Description of Supplies or Services:

The estimated value of the proposed action is $ Base

The intent of the Government is to establish a 12-month contract with current Contractor, Beckman Coulter, for chemistry and immunoassay testing while awaiting a new Veterans Integrated Services Network (VISN) 21 Indefinite Delivery, Indefinite quantity (IDIQ) solicitation 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. Unexpected changes in methodology/technology shall be at the expense of the Contractor. Alert/Notification of any delays in shipment as well as any or all technical advisory/recalls/alerts, prior to or simultaneously with field alerts should be forwarded to the Contracting Officer Representatives. These individuals shall be identified upon award of the delivery order/s.

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(4) Identify the Authority and Supporting Rationale (see below and if applicable, a 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.

The original order was competed under VA261-16-Q-0141.

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are 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:

In accordance with (IAW) FAR 8.405-6(a)(1)(C), supplies may be deemed to be available only from the original source in the case of a follow-government that is not expected to be recovered; and unacceptable delays in fulfilling the services to the VAPAHCS. 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.

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

Market research was not conducted, because a new long-term procurement is concurrently being sought with this action.

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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 VAPAHCS. The supplies and services are critical for VAPAHCS, 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 and is in the pre-solicitation phase.

(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.

SIGNATURE DATE

Daniel McLean Budget Analyst Path & Lab

VA Palo Alto

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

CONTRACTING OFFICER SIGNATURE DATE

Mandy Thompson Network Contracting Office 21 (NCO 21)

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

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.

SIGNATURE DATE

Brooke Robison Director of Contracting Network Contracting Office 21 (NCO 21)

HIGHER LEVEL APPROVAL (Required for orders over $750,000):

c. VHA RPO HCA Review and Approval (over $750,000 to $75 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for restricting consideration of the Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

DATE

Executive Director, Regional Procurement Office West Head of Contract Activity (HCA)

13 MAY 2022