Limiting_Sources_Justification_OVER_SAT - VISN 7 Water Testing Bridge.pdf

VHAPM Part 808.405‐6 Limiting Sources Request for Limited Sources Justification Format >SAT

VHAPM Part 808.405‐6 Limiting Sources Page 1 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 03/18/2021

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405‐6

Acquisition Plan Action ID: 36C247‐21‐AP‐2608

(1) Contracting Activity: Department of Veterans Affairs, VISN 7, VISN‐wide water safety program, 2237 number 679‐21‐2‐5533‐0013.

(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 requirement is for water safety and control of Legionella at VISN 7 sites of care in accordance with VHA Directive 1061 and 1116(2) as well as engineering standards for design and water safety and external accreditation agencies such as The Joint Commission. These services will consist of implementation of water safety controls, water quality testing and analysis, water safety planning including management plan development, review, and necessary updates, controls maintenance and survey, enhancing methods of compliance, and other tools and processes to support local Water Safety Committee oversight and management of safe water systems.

Phigenics is the vendor for these control activities currently in seven of the eight VA medical centers under the previous VISN‐wide contract and other support contracts executed separately. This bridge contract provides for a short period of time to adapt to new requirements in the supporting VHA Directives and external accreditation and regulatory requirements and sustain a comprehensive and compliant program of water safety throughout the VISN. Additionally, it continues to utilize consistent, existing methods, equipment, processes, and oversight without costly changes in these attributes and disruption in the water safety program.

Order against: FSS Contract Number: GS‐21‐F‐0041Y

Name of Proposed Contractor: Phigenics, LLC

Street Address: 35701 West Avenue, Suite 100

City, State, Zip: Warrenville, IL 60555‐3258

Phone: 630‐717‐7546

VHAPM Part 808.405‐6 Limiting Sources Page 2 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 03/18/2021

(3) Description of Supplies or Services:

The estimated value of the proposed action is $ 292,029.00

This bridge contract provides for a continuous water safety program comprised of monitoring, sampling, program support, and management of potable and industrial water sources and systems as required by VHA directives and external accreditation requirements through

September 30, 2021. In addition to currently performing these activities and services at seven of the eight VA sites of care in VISN 7, Phigneics’ services and products are currently awarded under a GSA Contract allowing for fair and reasonable pricing.

This requirement is a short‐term bridge based on an existing contract. No new activities, products, and/or services are included in this contract action.

(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: Due to possible impacts on patient and staff health, it would be unacceptable to follow normal ordering procedures.

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: (If FAR 8.405‐6(a)(2)iii before posting. Do not include specific proprietary data.

Only mention the type of equipment, procedure, etc. to show that proprietary supplies or services are being procured.)

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.

VHAAUGTackeJ Rejected

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(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 items, services, products, and related activities are on a GSA schedule and is determined to be best overall value to the Government.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted: An evaluation of potential vendors through GSA e‐library and similar sources identified no equivalent vendors with the comprehensive suite of services and products for the equivalent to the current vendor.

(7) Any Other Facts Supporting the Justification: Phigenics has been performing this requirement since FY15 at the individual medical centers under GSA Schedule pricing.

(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: This is a bridge contact in order to provide coverage while a new, long‐term contract is awarded.

(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. (This signature is the requestor’s supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

SIGNATURE DATE

Michael L. Henrickson VISN 7 OSH & E Manager

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

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

CONTRACTING OFFICER SIGNATURE DATE

Laurinda Millage Branch Chief, VISN Team

RPO‐E NCO 7

4/9/2021

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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

Mitchell Thomas Division Chief, Specialty Team

RPO‐E NCO 7