ID-AST CPT VISN 6

DEPARTMENT OF VETERANS AFFAIRS
Justification and Approval (J & A)
For
Other Than Full and Open Competition (>SAT)
Acquisition Plan Action ID: VA246-18-AP-10758
Contracting Activity: Department of Veterans Affairs, VISN 6, Medical Centers at Asheville, Fayetteville, Hampton, Salem, and Salisbury have requests for Pathology Identification and Antimicrobial Susceptibility Testing (ID-AST) under their respective PRs: 637-19-1-167-0007; 565-19-1-049-0011; 590-19-1-023-0010; 658-19-1-039-0013; and 659-19-1-064-0016.
Nature and/or Description of the Action Being Processed: The action being review is a Justification for Other Than Full and Open Competition to award a sole-sourced new contract for the required service to the incumbent (Biomerieux Inc.) for a period not to exceed twelve months. The contract is planned as firm-fixed-price, and the estimated value is $REDACTED. The rationale for the contract length is to take advantage of a final prepriced option on the existing award that cannot be exercised due to the incumbent s loss of the Federal Supply Schedule under which the original award was executed.
This procurement is for ID-AST is in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.
Description of Supplies/Services Required to Meet the Agency s Needs: The VISN Medical Centers listed in paragraph one are all participants in a VISN-wide Blanket Purchase Agreement (VA246-15-A-0013) awarded in 2014 to Biomerieux Inc. under their FSS Schedule V797P-7128A). the final option year cannot be exercised due to the loss of the contractor s Federal Supply Schedule (Biomerieux V797P-7128A). It is anticipated the contractor will gain a new Schedule and a competitive procurement will be initiated next year; however, in the interim, it is in the best interest to the Government to sole-source the final prepriced option year to Biomerieux in the open market arena as all discounted FSS pricing gained from the competitive procurement will be sustained and the associated costs of an equipment move and calibration will be avoided. The period of performance for this Justification will be from October 1, 2018 through September 30, 2019.
Statutory Authority Permitting Other than Full and Open Competition is 41 USC §3304(a)(1), as implemented by FAR 6.302-1.
( 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;
FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented for restricting competition on this procurement via FAR 13.106-1(b)(2).
Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The case for this follow-on contract for continuation of this highly specialized service is made by avoiding the substantial duplication of cost of a new procurement (costs related to potential equipment moves and calibration) to the Government which is not expected to be recovered through competition, in addition to the likelihood of unit price increases. The incumbent (Biomerieux Inc.) will provide this service at the existing contract s prepriced option pricing.
Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The cost of this procurement has already been determined as fair and reasonable under the existing contract, and will continue with the prepriced option pricing.
Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Pursuant to FAR Part 10, market research was conducted through internet searches of FPDS, FBO, DSBS, and VetBiz. Additionally, historic procurements for the same or similar cost-per-test/cost-per-reportable-record contracts were reviewed.
3. Market Research Findings: Recent market research of similar VISN-wide cost-per-test contracts indicates only large businesses have capability for this type of contract, and do not authorize any small business or veteran-owned small business partners. Search of FPDS indicates no small business procurements under NAICS 325413. As no SD/VOSBs can meet the requirement (not partnered based on the large businesses model), Rule of Two procedures cannot be met.
An existing BPA for several VISN 6 Medical Centers (Asheville, Fayetteville, Hampton, Salem, and Salisbury) is in place through September 30, 2018 for Pathology Identification and Antimicrobial Susceptibility Testing (VA246-15-A-0013) but the final option year cannot be exercised due to the loss of the contractor s Federal Supply Schedule (Biomerieux V797P-7128A). It is anticipated the contractor will gain a new Schedule and a competitive procurement will be initiated next year; however, in the interim, it is in the best interest to the Government to sole-source the final option year to Biomerieux in the open market arena as all discounted FSS pricing gained from the competitive procurement will be sustained and the associated costs of an equipment move and calibration will be avoided.
Any Other Facts Supporting the Use of Other than Full and Open Competition: While there are no additional facts to support this Justification, it is anticipated that prior to the completion of the performance period, a competitive procurement is planned for this repetitive requirement.
Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: There is no listing of interested sources for this Justification.
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: A follow-on competitive procurement is planned prior to the completion of the performance period.
All approval signatures redacted. DJH..