Copper/Silver Water Treatment bldg 3, 7, 8, and 9

DEPARTMENT OF VETERANS AFFAIRS



Justification and Approval (J&A)

For

Other Than Full and Open Competition (>$150K)





1. Contracting Activity: Department of Veterans Affairs, VISN 2

Network Contracting Activity (2-90NCA)

Batavia VA Medical Center, 222 Richmond Avenue; Batavia, NY 14020

Buffalo VA Medical Center, 3495 Bailey Avenue, Buffalo NY 14210

Canandaigua VA Medical Center 400 Fort Hill Avenue, Canandaigua NY 14424

VA2237 Purchase Requisition #528-16-1-4893-0018

#528-16-1-4893-0019

#528-16-1-5893-0008



2. Nature and/or Description of the Action Being Processed: This is a request for other than full and open competition for the procurement of a Calibration and Service Maintenance Agreement to include: a water sampling program with lab analysis, calibration of the ionization system and provide full service and maintenance including all parts, material and labor for copper silver ionization systems at the Batavia, Buffalo and Canandaigua VA Medical Centers. The proposed contract action shall be provided by Liquitech, Inc. of 421 Eisenhower Lane South, Lombard, IL 60148 for a base and three option year from October 1, 2015 through September 30, 2018 with a firm fixed-price contact with a total cost estimated to be $228,968.64.



3. Description of Supplies/Services Required to Meet the Agency's Needs: The requested service maintenance agreement consists of the following:

1. Provide quarterly third party lab testing and analysis at 8 distal sites.

2. Evaluate weekly random location water samples and document all results.

3. Provide a weekly analysis of output settings by means of a remote monitoring

system. Document all results.

4. System adjustments and recalibration of flow cells as needed.

5. Monthly flow cell evaluation.

6. Check mounts and hardware monthly.

7. Check wiring for loose connections or fraying monthly.

8. Establish a program for electrode replacement. Program will include a

recommended replacement frequency and a set cost to the Buffalo VAMC.





4. Statutory Authority Permitting Other than Full and Open Competition:



(X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability

or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4

( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;





5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):



The establishment of a preventative maintenance contract for the copper silver ionization system is necessary to manage the pathogenic biological agents in the domestic hot water system at these three medical centers. This is in accordance with Joint Commision E.G. 1.7 requirements along with VIIA Directive 1061.



The existing Copper Silver Ionization systems at these facilities has been designed, built and installed by Liquitech Inc. Liquitech is the only responsible source for services of this equipment since their design is proprietary. There are no other qualified vendors that are authorized to service these ionization systems and can obtain new Liquitech replacement parts to ensure that the ionization systems are operating in compliance with the above mentioned Joint Commission requirement and VIIA Directive. All the required laboratory validation of copper and silver levels must be tested and evaluated through Liquitech in order to make adjustments to the cells and control system to maintain proper ion levels.



6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A search conducted on GSA eBUY using the key word "liquitech" did not identify any GSA contracts that could meet the calibration and service maintenance agreement requirement. A search on the Vetbiz database using NAICs code "561790" and keyword "liquitech" identified 0 potential veteran owned businesses that could possibly meet the requirement. A Google search for "Liquitech copper silver ionization system servicing" did not result in the identification of any companies that could possibly meet the requirements of this procurement.

A sources sought notice (VA528-15-N-0294) was posted on FBO from 07/20/2015 to 08/03/2015 and received two written responses from All Environmental Compliance Inc and National Facilities Solutions LLC. After conversations with both companies over the phone, neither of these two companies are authorized by Liquitech to service the ionization system, nor did they have access to new liquitech replacement parts.

The previous procurement for this requirement under two separate contracts, VA528-13-C-0011 and VA528-13-C-0091, both as sole source procurements awarded to Liquitech Inc.



7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The pricing of this contract has been compared to the price of the previous procurement of these services with the Liquitech Inc. (VA528-13-C-0011, PO# 528C52040 and 528C50043 from 10/01/2013 to 09/30/2015 and VA528-13-C-0091, PO 528C50140 from 10/01/2013 to 09/30/2015). The annual price for services rendered to the Canandaigua VAMC and Buffalo VAMC under contract VA528-13-C-0011 was $19,362.00 and $32,000.00 respectively. The annual price for services rendered to the Batavia VAMC under contract VA528-13-C-0091was $20,000.00. The annual price for the same services for the Buffalo and Batavia VAMCs has not increased in the quote provided for this procurement. The annual price quote for the Canandaigua facility has increased by $6,116.00 from $19,362.00 to $25,478.00. A review of the previous contract and the current quote that the scope of work has increased from the previous contract from coverage of buildings 3 and 7 to coverage of buildings 3, 7, 8 and 9. The $6,116.00 increase in price can be attributed to the addition of buildings 8 and 9 to the scope of work. As a result of the annual pricing for the Buffalo and Batavia VAMCs remaining the same and the pricing for the Canandaigua VAMC only increasing due to an increase in scope, the pricing is therefore considered fair and reasonable.



8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: See Block 6



9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None



10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Two written responses were received in response to the posted sources sought notice, one from All Environmental Compliance Inc. and the other from National Facilities Solutions LLC.



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: None, the main barrier to competition are patent and copyrights held by the manufacturer Liquitech Inc. Inc.

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11. 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 and belief.





_____________________________ ________________________

Christopher Hall Date

Supervisory General Engineer

Buffalo VA Medical Center



12. Approvals in accordance with the



a. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.







_____________________________ ________________________

Cheryl Brimmer Date

Supervisory Contract Specialist

NCO 2 Branch Chief - Services Team







b. Director of Contracting /Designee (Required $150K and above): I certify the justification meets requirements for other than full and open competition.







_____________________________ ________________________

Irma Ferro Date

Division Chief

NCO 2





c. SAO (If over 650K): I certify the justification meets requirements for other than full and open competition.





_____N/A________________________ ________________________

Name Date

Director, Service Area Office,





d. VHA HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $12.5 million) or approve ($650K to 12.5 million) for other than full and open competition.







______N/A_______________________ ________________________

Name Date

VHA Head of Contracting Activity (HCA)





e. VA Deputy Senior Procurement Executive Approval (over $12.5 million but not exceeding $50 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.







_____N/A________________________ ________________________

C. FORD HEARD Date

Deputy Senior Procurement Executive (DSPE)

Office of Acquisition and Logistics

Department of Veterans Affairs





f. VHA Senior Procurement Executive Approval (over $50 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.







______N/A_______________________ ________________________

Jan R. Frye Date

Deputy Assistant Secretary for Acquisition and Logistics

Senior Procurement Executive (SPE)

Department of Veterans Affairs