P03 Limiting_Sources_Justification_OVER_SAT.pdf

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

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID:__ 36C263-22-AP-2125 ___________________

(1) Contracting Activity: Department of Veterans Affairs, Network/Program Contracting Office St. Paul Services, located at 316 Robert St., St. Paul, MN 55101, in support of VISN 23 VA Health Care System at Minneapolis VAMC, 1 Federal Dr. Minneapolis, MN 55417. 2237: 618-22-2- 4008-0414

(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). Becton Dickinson Lab Equipment Services as a new requirement under FSS order GS-07F-195DA. Previously awarded as separate contract VA263-17-C-0016.

Order against: FSS Contract Number: __ GS-07F-195DA _____________

Name of Proposed Contractor: BECTON, DICKINSON AND COMPANY

Street Address: 2350 QUME DR

City, State, Zip: SAN JOSE, CA 95131

Phone: 408-954-6067

(3) Description of Supplies or Services:

The estimated value of the proposed action is $ $298,168.20

Preventative Maintenance and Service Coverage on:

1. BD FACSAria Ill Serial#: P28200110 Flow Cytometer with 2 Lasers and one Computer Workstation (excluding printers).

2. BD FACSCanto Serial#: R33896202877 with one Computer Workstation (excluding printers) and two lasers.

3. BD FACSCanto Serial#: V33896101695 with one Computer Workstation (excluding printers) and two lasers.

4. BD FACS Lyse/Wash Assistant (LWA) Serial#: K33714600229.

5. FACSLoader Serial#: R342065600144.

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

6. FACSLoader Serial#: F34206501612.

7. FACS LWA System Serial#: R337146000785, Autotransfusion unit.

Above equipment is Becton Dickinson proprietary equipment. The period of performance is Base: 03/01/22-02/28/23, OY1: 03/01/23-02/28/24, OY2: 03/01/24-02/28/25, OY3: 03/01/25-

02/28/26, OY4: 03/01/26-02/28/27

(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;

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: See above.

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: Pricing is better than the previous contract the work was performed under (VA263-17-C-0016). No other vendor is authorized to perform maintenance on Becton Dickinson’s proprietary equipment.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted: Previous contract documents reviewed, and GSA database surveyed. Reviewed SAM registration and confirmed the vendor is not a SD/VOSB through VIP. Confirmed with vendor that third party vendors are not authorized to perform maintenance on their equipment.

(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: Confirmed with vendor no third party vendors are authorized to service their equipment.

(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.

____ 02/10/2022

SIGNATURE DATE

Cameron Rick Contracting Specialist St. Paul Services

NAME TITLE SERVICE LINE/SECTION

NCO 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.

___ 02/10/2022__

CONTRACTING OFFICER/DESIGNEE’S SIGNATURE DATE

Pamela Phillips, Contract Officer Black Hills Healthcare System / NCO 23____

NAME AND TITLE 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.

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

SIGNATURE DATE

NAME

NCO/PCO XX Duty Title

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

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.

NAME DATE

VHA Head of Contracting Activity (HCA)

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.

Angela Billups, Ph.D. DATE Deputy Assistant Secretary Office of Acquisition and Logistics Senior Procurement Executive (SPE)