P03 Limiting_Sources_Justification_OVER_SAT_Chemistry_Redacted.pdf

Effective Date: 02/01/2022 Page 1 of 3

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C261-24-AP-0967 JOFOC Tracker Number: FY24 – NCO 21 - 703

(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: 640-24-3-034-0046

(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 extend bridge contract V797D-70260 36C26123F0002 for a Cost-Per-Reportable-Result (CPRR) delivery order for automated clinical laboratory chemistry and immunoassay analyzers for a period of 6 months. This is an out of scope modification to a previously awarded delivery order.

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

183 days will be added to the period of performance, from 10/01/2022 - 3/31/24 to 10/01/22 - 09/30/24.

It is the Government's intent to extend the existing bridge 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.

Effective Date: 02/01/2022 Page 2 of 3

(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:

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; The original order was competed under 36C26123F0002.

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:

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.

(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 contractor is the current incumbent providing the supplies and 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.

Concurrently with this short-term contract extension, the VISN is seeking a long-term contract for the same supplies and services, which is currently in an active solicitation. This out-of-scope modification will utilize the same rates that are in the current order. These rates have already been determined fair and reasonable at the time the Federal Supply Schedule (FSS) contract was awarded.

(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.

(7) Any Other Facts Supporting the Justification:

This order with Beckman Coulter, Inc. will expire on March 31, 2024, and veterans services for chemistry and immunoassay testing will cease if a contract extension is not executed prior to that date. The Network Contracting Office is actively working on a long-term contract. In the interim the supplies and services

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

(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.

Lana Hur Laboratory Manager Pathology & Lab Medicine Service

(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.

Amanda J. Hildreth Contracting Officer Network Contracting Office 21 (NCO 21)

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.

Mandy Thompson Supply I Branch Chief Network Contracting Office 21 (NCO 21)