BD Flow Reagents

VHAPM Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source
Attachment 1: Single Source Justification for SAP under the SAT
VHAPM Part 813.106
Original Date: 08/30/17
Revision 01 Eff Date: 04/23/2018
Page 1 of 2
DEPARTMENT OF VETERANS AFFAIRS
Justification for Single Source Awards IAW FAR 13.106-1 For
Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)
Acquisition Plan Action ID: 36C257-19-AP-1811
Contracting Activity: Department of Veterans Affairs, VISN 17, South Texas VA Health Care System, 2237 number 671-19-3-121-0766.
Brief Description of Supplies/ Services required and the intended use/Estimated Amount: The vendor will provide Becton Dickinson Flow Cytometry testing reagents/supplies used on the BD SPAIII5 and BD FACS CANTO II instrumentation for the Flow Cytometry Laboratory of Pathology & Laboratory Medicine Service at Audie L. Murphy VA Hospital. The IGCE for the base year is
$221,472.36.
Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: The Beckton Dickinson reagents are the only Flow Cytometry reagents approved by the FDA and are the only Flow Cytometry reagents compatible with the Becton Dickinson Flow Cytometry Analyzers which are used by the Pathology and Laboratory Medicine department. The analyzers are still within their lifecycle and functioning properly.
Description of market research conducted and results or statement why it was not conducted: Based on the market research previously conducted, a solicitation was issued via FedBizOpps as a small-business set-aside from May 10 through May 24, 2019. On May 24, 2019, a GAO protest was filed by Becton Dickinson who stated the solicitation was improperly set aside for small business, in conflict with the non-manufacturer provisions of 13 C.F.R. § 121.406. Becton Dickinson additionally contends they are the sole manufacturer of the needed supplies and they have not authorized any other business, small or large, to sell, distribute, or represent the items that are being sought. In response to the protest, the VA has elected to take corrective action by cancelling the solicitation, updating market research, and making a determination how to proceed with the requirement. The protest has since been dismissed.
Becton Dickinson is the only known firm capable of providing the requested supplies without the Government experiencing duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements. The STVAHCS Pathology and Laboratory Medicine Service will conduct market research prior to seeking a follow-on requirement to determine if there have been changes in the marketplace.
Contracting Officer's Certification: Purchase is approved in accordance with FAR13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.
MARK A
Digitally signed by MARK A BRANUM 157218
BRANUM 157218 Date: 2019.06.19 12:21:31
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