P03 FAR-08-Limiting_Sources_Justification-HCA-Approved.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C263-20-AP-2733

(1) Contracting Activity: Department of Veterans Affairs, Network Contracting Office 23 (NCO23), 2501 W 22nd Street, Sioux Falls, SD 57105

(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 procurement is for NeuroLogica/Samsung GM85 Portable X-Ray Maintenance Service in accordance with FAR

13.5 Simplified Procedures for the Central Iowa VA Health Care System, Nebraska-Western Iowa VA Health Care System, Sioux Falls VA Health Care System, Iowa City VA Health Care System, Fargo VA Health Care System, Black Hills VA Health Care System, Grand Island VA Medical Center, Black Hills VA Health Care System, and the St. Cloud VA Health Care System, 4801 Veterans Drive, St. Cloud, MN 56303

Order against: NAC Contract Number: SPE2D118D0014 (expiring on 08/02/2023)

Name of Proposed Contractor: Neurologica Corp

Street Address: 14 Electronics Ave

City, State, Zip: Danvers, MA 01923

Phone: 978.564.8592

(3) Description of Supplies or Services:

This procurement is for annual maintenance service for Neurologica/Samsung GM85 portable radiographic units for nine Health Care Systems in VISN 23 with an estimated value of $461,730.72 for the base year and a total estimated value of $1,930,923.48 for base year plus 3 option years.

Period of Performance Base - 06/01/2020 to 05/31/2021 Option Year 1: 06/01/2021 to 05/31/2022 Option Year 2: 06/01/2022 to 05/31/2023 Option Year 3: 06/01/2023 to 05/31/2024

VHAPM Part 808.405-6 Limiting Sources Page 2 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

Identify the Authority and Supporting Rationale 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;

NeuroLogica/Samsung GM85 Portable X-Ray Machines are precise medical equipment that require specialized instruments to recalibrate and maintain. NeuroLogica/Samsung GM85 Portable X-Ray Machines contain proprietary parts and software that can only be obtained through the original manufacturer or authorized service providers. Neurologica Corp is the only source for authorized parts and service. Neurologica Corp does not have authorize service providers.

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:

National Contract SPE2D118D0014 prices for the service is in-line with the published catalog prices for maintenance service by Neurologica Corp. Prior to award of the follow-on contract, the VA Contracting Officer will determine the pricing to be fair and reasonable.

Describe the Market Research Conducted:

A search of the VIP Database using NAICS Code 811219 and Keyword of GM85 resulted in zero veteran-owned small-businesses capable of performing these services.

Service and maintenance of medical portable x-ray systems are not on the services available through AbilityOne.

Service and maintenance of NeuroLogica/Samsung GM85 Portable X-Ray Machines are not services available through GSA eBuy.

A search of the High Tech Medical Equipment Contracts found National Contract SPE2D118D0014 (expiring on 08/02/2023) that covers the maintenance and service of the NeuroLogica/Samsung GM85 Portable X-Ray Machines.

A search of the SBA Dynamic Small Business Database using NAICS Code 811219 and Keyword of GM85 resulted in zero small-businesses capable of performing these services.

A Beta.Sam.Gov Contracting Opportunities Sole Source Pre-Solicitation Announcement 36C26320Q0396 was posted on April 14, 2020. At the close of the Sole Source Pre-Solicitation Announcement on April 20, 2020 we received zero responses from businesses capable performing these services.

Any Other Facts Supporting the Justification:

None

11. 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: Unfortunately, the barriers to competition cannot be overcome for the service of the equipment as only the OEM is authorized to provide the maintenance for it. Other non-OEM companies would use gray market items and reverse engineering to service the equipment which would likely compromise the integrity of the equipment. Allowing any company, other than the OEM, to service the equipment would be a risk to VA and patient safety.

VHAPM Part 808.405-6 Limiting Sources Page 3 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

(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

Caroline A. Campbell VISN 23 Chief Biomedical Engineer

NAME TITLE

VISN 23

FACILITY

(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

Travis Johnson, Contracting Officer Network Contracting Office 23

NAME AND TITLE NCO 23

Caroline A.

Campbell 594046

Digitally signed by Caroline A.

Campbell 594046 Date: 2020.04.22 08:53:05 -05'00'

TRAVIS A. JOHNSON

306615

Digitally signed by TRAVIS A.

JOHNSON 306615

Date: 2020.04.22 09:48:04 -05'00'

VHAPM Part 808.405-6 Limiting Sources Page 4 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

SIGNATURE DATE

Scott Petrin, Division Chief, Network 23 Contracting Office (NCO 23)

c. DOC Review: I have reviewed this justification and recommend approval.

I certify the justification meets requirements for other than full and open competition.

Daryl A. Berg Date Director of Contracting, Network 23 Contracting Office (NCO 23) HIGHER LEVEL APPROVAL (Required for orders over $700,000):

c. VHA RPO HCA Review and Approval (over $700,000 to $68 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.

Terry L. Spitzmiller Date Executive Director Regional Procurement Office Central (VHA)

04/27/2020

Scott J. Petrin 1494019 Digitally signed by Scott J. Petrin 1494019 Date: 2020.04.24 12:15:58 -05'00'

Daryl A. Berg 429170

Digitally signed by Daryl A. Berg 429170 Date: 2020.04.27 13:52:45 -05'00'

04/28/2020

TERRY L.

SPITZMILLER

394683

Digitally signed by TERRY

L. SPITZMILLER 394683

Date: 2020.04.28 08:12:04 -05'00'