P03-36C247-24-AP-3492 05-30-24.pdf

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Chemistry and Immunochemistry
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This document is a Limited Sources Justification (LSJ) request for a sole source procurement of chemistry and immunochemistry analyzers for the Department of Veterans Affairs' (VA) Central Alabama Veteran Health Care System facilities in Tuskegee and Montgomery, Alabama.

The LSJ cites FAR 8.405-6(a)(1)(C) as the authority, stating that the new work is a logical follow-on to the VA's existing contract with Abbott Laboratories, the current vendor. The justification explains that standardizing the instrumentation across the two lab facilities is necessary for economy and efficiency, as the Tuskegee lab is undergoing renovations and requires continued use of the Abbott analyzers. Procuring a new vendor would not be cost-effective or practical given the temporary nature of the Tuskegee lab location. The contracting officer and higher-level approving officials have certified the justification as meeting the requirements for other than full and open competition.

The related federal contract opportunity notice indicates the VA intends to award a firm-fixed price sole source contract to Abbott Laboratories for chemistry and immunochemistry services, with an estimated award date of October 1, 2024 and a 5-year period of performance.

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VHAPG Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT 36C247-24-AP-3492

Effective Date: 02/01/2022 Page 1 of 6

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C247-24-AP-3492

(1) Contracting Activity: Department of Veterans Affairs, Network/Program Contracting Office

NC07, located at 700 19th Street Birmingham, AL 32533, in support of VISN Central Alabama

Veteran Health Care System Medical System 619-25-1-7113-0013.

(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 is a request for other than full and open competition for the Procurement for chemistry and immunochemistry analyzers for Central Alabama Veteran Health Care System Medical System Tuskegee, AL and Montgomery, AL Lab facilities.

Order against: FSS Contract Number 36C24720N0264

Name of Proposed Contractor: Abbott Laboratories

Street Address: 100 ABBOTT PARK RD DEPT 943 BLDG AP6C-3

City, State, Zip: NORTH CHICAGO IL 60064

Phone: 847-937-6100

(3) Description of Supplies or Services:

(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. (CHECK THE APPLICABLE AUTHORITY BELOW AND COMPLETE)

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays: The current contract is about to expire https://www.acquisition.gov/far/part-8#FAR_8_405_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap5-subchapI-sec501.pdf https://www.acquisition.gov/far/part-8#FAR_8_405_6

Effective Date: 02/01/2022 Page 2 of 6 however, The Tuskegee Lab renovation completion timeline does not coincide with contract expiration. The current vendor needs to remain in place until which time renovation is complete and new analyzer can be installed. Abbot is the current vendor that can offer standardization and compatibility with new equipment (Montgomery)and old equipment (

Tuskegee).

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; Specific characteristics of the material or service that limit the availability to a sole source (unique features, function of the item, etc.). Describe in detail why only this suggested source can furnish the requirements to the exclusion of other sources.

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. Central Alabama Veterans Healthcare Path and Lab Service is a hospital system consisting of 2 hospitals with associated labs that have identical Abbott instrumentation at both campuses. Having identical instrumentation ensures consistency in results, and simplifies maintenance and training processes, ultimately enhancing productivity and quality assurances across both facilities. The Tuskegee lab is undergoing renovations to move to a location which is anticipated to be completed late

2025. That lab will require the continued used of Abbott analyzers until completion in the interest of economy and efficiency. It would not be cost efficient or prudent to install brand new analyzers in a temporary location only to move them new location in a few months. Because Path and Lab require the same instrumentation at both locations to ensure standardization, compatibility, and efficient resource allocation across both labs.

Abbot analyzers will need to be at both locations. A new vendor other than Abbot will require different instrumentation thus making standardization of results, reference ranges, and reagents impossible. Abbot is the current and only vendor that can offer standardization and compatibility with new equipment (Montgomery)and old equipment.

(Tuskegee).

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.

Effective Date: 02/01/2022 Page 3 of 6

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. Due to the renovation of the Tuskegee lab and the need to remain with ABBOTT to prevent multiple moves and duplicate cost to the government, Instrumentation at both Montgomery and Tuskegee location should remain identical. Abbot is the current and only vendor that can offer standardization and compatibility with new equipment Montgomery) and old equipment (Tuskegee).

(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 Department of Veteran Affairs currently holding a contract with Abbott. The Tuskegee lab is undergoing renovations to move to a location which is anticipated to be completed late 2025. That lab will require the continued used of Abbott analyzers until completion in the interest of economy and efficiency. It would not be cost efficient or prudent to install brand new analyzers in a temporary location only to move them new location in a few months.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted. Abbot is a current VA contract holder, with uniformity is recommended for this vendor to procure this acquisition. The current contract is about to expire however, The Tuskegee Lab renovation completion timeline does not coincide with contract expiration. The current vendor needs to remain in place until which time renovation is complete and new analyzer can be installed.

(7) Any Other Facts Supporting the Justification: None

(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: The current contract is about to expire however, The Tuskegee

Lab renovation completion timeline does not coincide with contract expiration. The current vendor needs to remain in place until which time renovation is complete and new analyzer can be installed. Abbot is the current vendor that can offer standardization and compatibility with new equipment (Montgomery)and old equipment ( Tuskegee).

(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

Effective Date: 02/01/2022 Page 4 of 6

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

NAME TITLE SERVICE LINE/SECTION

FACILITY

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: This part if filled out by Contracting Staff as part of the Justification

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

James E. Boles Jr.

DATE

Contracting Officer FACILITY/NCO/PCO

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.

DATE

Robert H. Knight NC07 Branch Chief

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

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx

Effective Date: 02/01/2022 Page 5 of 6

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.

Gerald F. Jacobs DATE VHA Head of Contracting Activity (HCA)

Effective Date: 02/01/2022 Page 6 of 6

d. Senior Procurement Executive Approval (over $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 other than full and open competition.

DATE

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