JOFOC_Redacted.pdf

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Single Source Justification for SAP under the SAT

Last Updated: 02/01/22 Page 1 of 2

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106 1 For

Over Micro Purchase Threshold but Not Exceeding the SAT ($250K)

Acquisition Plan Action ID: 36C261 23 AP 0064

1. Contracting Activity: Department of Veterans Affairs, VISN 21, NCO 21, 3230 Peacekeeper Way Bldg 209, McClellan, CA 95652

Requiring Activity: The Public Health Reference Laboratory (PHRL) at the VA Palo Alto Healthcare System, 3801 Miranda Ave, Palo Alto, CA 94304

PR# 640 23 1 498 0010

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:

The Public Health Reference Laboratory (PHRL) at the VA Palo Alto Healthcare System requires preventative maintenance on one Bruker MicroFlex LT MALDI TOF Mass Spectrometer. Services include telephone technical support services, software upgrades, site inspections, and repairs as needed.

IGCE:

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

As detailed in the market research results below, only one capable source is available to provide all the required services: Bruker Scientific LLC (original equipment manufacturer). The OEM retains all the technicians who are trained and certified to work on Bruker mass spectrometers, and the company does not currently have any authorized service providers. Bruker retains all the factory parts and necessary equipment to provide maintenance and repair services. As such, no other company is able to provide the required services.

4. Description of market research conducted and results or statement why it was not conducted:

Searches through the VIP database under the applicable NAICS, PSC and keyword “Bruker” resulted in zero SDVOSB or VOSBs available.

Searches through mandatory sources, AbilityOne and UNICOR, revealed that neither source can be utilized for this procurement. Searches through existing VA contract vehicles revealed one IDIQ;

however, only VISN 05 is allowed to utilize it.

Searches through other Government contract vehicles, such as those found on GSA, revealed multi award schedule (MAS) category 334516 – Analytical Instruments. Within this schedule, two vendors sold Bruker products: Government Scientific Sources, Inc. and Waters Technologies Corporation.

Further review of each company’s price catalog revealed that neither vendor can provide the required services. Government Scientific Sources Inc. does not provide maintenance services

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Single Source Justification for SAP under the SAT

Last Updated: 02/01/22 Page 2 of 2 themselves but instead subcontracts the work to the manufacturer; because this requirement is only for maintenance, the work provided by the manufacturer would exceed the limitations set forth through VAAR subcontracting clauses. Waters Technologies Corporation does not provide maintenance services; they only provide manufacturer warranties in which the manufacturer provides the maintenance services.

Searches through Contracting Opportunities revealed that several government agencies have contracted for the same services on the same equipment. All the contracts were awarded to the original equipment manufacturer, Bruker Scientific LLC.

Because two or more VIP verified SDVOSBs or VOSBs were not located during market research, the VA’s Rule of Two cannot be met for this procurement. Furthermore, no other company in any other socioeconomic category was found who could provide the required services, so the market research does not support a small business set aside. Finally, only one capable source was located who could provide the required services: Bruker Scientific LLC, the original equipment manufacturer.

No existing contract vehicles were found that could be utilized for this procurement, so the proposed contract action will need to be pursued on the open market.

5. Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106 1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer