RFQ LSS JA 1(SIGNED)_Redacted.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 1: Justification for Limiting Sources for Micro-Purchase Threshold up to the SAT

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

DEPARTMENT OF VETERANS AFFAIRS

FAR 8 – Justification for Limiting Sources (LSJ) For

Limiting Sources (<SAT)

Acquisition Plan Action ID: 36C257-21-AP-3763

JOFOC ID: 2021-08-17T13:32:37

1. Contracting Activity: Department of Veterans Affairs, VISN 17, STX (671) Medical Center

Audie L. Murphy VA Hospital 7400 Merton Minter, Pharmacy Service (Department 119) San Antonio, Texas 78229, South Texas Veterans Health Care System.

2. Description of Action: Omnicell, Inc. specializes in central pharmacy automation systems and medication management systems. The STVHCS, Audie L. Murphy VA Hospital, located in San Antonio, Texas, and Kerrville Campus, located in Kerrville Texas, has 38 various systems of medical equipment that all require annual maintenance and services agreements after the one-year service warranty expires. Medical and surgical equipment repair and maintenance services are an industry primarily engaged in repairing electronic and precision equipment (except consumer electronics, computers and office machines, and communications equipment). Establishments in this industry, utilizing the applicable NAICS code 811219, repair and maintain equipment, such as medical diagnostic imaging equipment, measuring, and surveying instruments, laboratory instruments, and radar and sonar equipment.

Order against: FSS Contract Number: VA797D-30111

Name of Proposed Contractor: Omnicell, Inc. DUNS: 805412665 Street Address:

City, State, Zip: Waukegan, IL 60085 Phone: 847-596-3464

3. Description of Supplies or Services:

As mentioned in section (2) of this Limited Sources Justification document, the STVHCS, Audie L. Murphy VA Hospital and Kerrville Campus have various pharmacy automation

VHAPM Part 808.405-6 Limiting Sources Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020 systems and medication management systems located throughout the two medical facilities. All Systems require 12-month service plans. Omnicell, INC. only offers a “Gold Service Plan” on their Federal Supply Schedule (FSS) V797D-30111, for maintenance services and support of the Omnicell pharmacy and medication systems. The Gold Service Plan includes maintenance and support services to include 24 hours per day and 7 days per week technical support both remotely and on-site as needed. Remote software updates and interface diagnostics is included.

The specifics of the response time for service calls (both critical and non-critical) are spelled out in the FSS. For normal business hours, the phone response time is within 30 minutes of requesting help; on weekends, holidays, or after normal business hours, the response time is noted as call backs within 2 hours of requesting assistance. On-site assistance is within 6 hours for disabled/critical repair maintenance and 24 hours for non-critical failures. All repairs made and replacement parts used are included in this maintenance agreement, with the exception of equipment misuse. The period of performance is scheduled to begin on May 1, 2021 to April 30, 2022.

4. Authority:

Order Against FSS: Authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 USC 251, et seq.); Title 40 USC 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception:

An urgent and compelling need exists, and following the procedures would result in unacceptable delays(FAR 8.405-6(a)(1)(i)(A);

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)(i)(B));

In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order and the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order was not previously issued under sole-source or limited-sources procedures (FAR 8.405- 6(a)(1)(i)(C)); or

Items peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer (FAR 8.405-6(b)).

5. Rationale/explanation to support cited authority: Omnicell, Inc. is the sole-proprietary manufacturer of their pharmacy automation systems and medication management systems.

Omnicell employs its own technical engineers to install and provide services for the

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

Omnicell’s drug dispensing cabinets. Omnicell, Inc. provided a written statement in acknowledgement of their belief that “Omnicell employs its own technical service engineers to install and provide services for Omnicell’s drug dispensing cabinets”. The statement goes on further to say that Omnicell’s service engineers are the only people with the know-how and special training an expertise to install and service their equipment. Omnicell, Inc.

provides all necessary direct replacements for parts and/or components when repairs are necessary. These parts are all compatible in all aspects of form, fit, and function with the existing systems presently installed throughout the medical facilities. As mentioned in both sections (2) and (3) of this Limited Sources Justification, there are 229 components to include various medical dispensing systems and they each have a specific functioning capability, however, all newly installed replacement parts, components, and/or equipment must coordinate, connect, and interface with existing equipment and software.

6. BRAND NAME ONLY Omni-cell Maintenance/Service: This buy is estimated to exceed $25,000 and this documentation will be posted along with the RFQ on e-Buy, as required by FAR 8.405-1(e).

7. Note that this determination satisfies the requirements of FAR 8.405-6. The requirement to prepare a written justification IAW FAR 6.303 does not apply to Federal Supply Schedules.

Contract Specialist Date:

Contracting Officer Date:

James C. Easley 1351784

Digitally signed by James C.

Easley 1351784 Date: 2021.08.17 15:51:49 -05'00'