Interim Chemistry, Immunoassay, and Hematology 6/1/16 - 7/31/16

LIMITED SOURCES JUSTIFICATION

ORDER >$150,000

FAR PART 8.405-6



Acquisition Plan Action ID: VA244-16-AP-6183



This acquisition is conducted under the authority of the Multiple Award Schedule Program. The material or service listed in par. 3 below is sole source, therefore, consideration of the number of contractors required by FAR Subpart 8.4 - Federal Supply Schedules, is precluded for the reasons indicated below.



Restricted to the following source: Provide original manufacturer's name for material or contractor's name for service. (If a sole source manufacturer distributes via dealers, ALSO provide dealer information.)



Manufacturer/Contractor: Beckman Coulter

Manufacturer/Contractor POC & phone number: Jim Hitt

Mfgr/Contractor Address: jim.hitt@beckman.com; 239-898-2723

Dealer/Rep address/phone number: OI Box 8000, 205 S. Kraemer Blvd, Brea, CA 92822



1 The requested material or service represents the minimum requirements of the Government.



(1) AGENCY AND CONTRACTING ACTIVITY: Department of Veterans Affairs

Pathology and Laboratory Medicine Services





VISN: 4



(2) NATURE AND/OR DESCRIPTION OF ACTION BEING APPROVED:

This is for a new interim BPA with Beckman Coulter for Chemistry, Immunoassay, and Hematology laboratory testing services. The current BPA (VA244-15-A-0064) expires on May 31, 2016 and the new, competitive BPA will not be in place by that time. This justification will provide for an interim BPA for the period of June 1, 2016 - July 31, 2016.



This procurement is for Chemistry, Immunoassay, and Hematology Laboratory testing services for VISN 4 Medical Centers and is justified in accordance with FAR 8.405-5(c).



(3) (a) A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY'S NEED:

The required service is Chemistry, Immunoassay, and Hematology laboratory testing services for the VISN 4 VA Medical Centers. The period of performance will be June 1, 2016 - July 31, 2016. The BPA will cover the services needed until a new, competitive action is awarded. The total estimated value of this acquisition is $ 545,300.90, which is based on historical pricing.



(b) ESTIMATED DOLLAR VALUE: $545,300.90



(c) REQUIRED DELIVERY DATE: June 1, 2016 - July 31, 2016



(4) IDENTIFICATION OF THE JUSTIFICATION RATIONALE (SEE FAR 8.405-6), AND IF APPLICABLE, A DEMONSTRATION OF THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS TO PROVIDE THE REQUIRED SUPPLY OR SERVICE. (CHECK ALL THAT APPLY AND COMPLETE)



1 Specific characteristics of the material or service that limit the availability to a sole source (unique features, function of the item, etc.). Describe in detail why only this suggested source can furnish the requirements to the exclusion of other sources.



The services are currently covered under BPA, VA244-16-A-0081, which expires on May 31, 2016. A new contract is being competitively solicited and awarded but that contract will not be in place by this time. Without this interim BPA, the VA would experience unacceptable delays for patient testing services.



The VA is currently using Beckman Coulter's equipment (analyzer and reagents) to perform the testing services. After May 31, 2016 Beckman Coulter has no contractual obligation to keep their equipment in the VA Medical Centers. Without the equipment, VA cannot perform the required testing and patient services would be inadvertently impacted.



Beckman Coulter is approved by the FDA for their supplies and equipment. The company also has the equipment in place at the medical centers so that VA Lab technicians can continue to perform testing. Another company would not be able to put their equipment in each medical center and ensure its operational by June 1, 2016. Accordingly, Beckman Coulter is the only firm capable of providing the analyzer reagents without the Veteran's Health Administration experiencing unacceptable delays in fulfilling its requirements.



0 A patent, copyright or proprietary data limits competition. The proprietary data is:

(If FAR 8.405-6(a)(2)iii before posting. Do not include specific proprietary data. Only mention the type of equipment, procedure, etc. to show that proprietary supplies or services are being procured.)











0 These are "direct replacements" parts/components for existing equipment.

____________________________________________________________________________

____________________________________________________________________________



0 The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. Describe the equipment/function you have now and how the new item/service must coordinate, connect, or interface with the existing system.













0 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.















0 An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays.





















(5) DESCRIBE WHY YOU BELIEVE THE ORDER REPRESENTS THE BEST VALUE CONSISTENT WITH FAR 8.4 TO AID THE CONTRACTING OFFICER IN MAKING THIS BEST VALUE DETERMINATION:

This contract's pricing was based off of Federal Supply Schedule purchase prices over the past five years. It is estimated that the cost of this interim BPA will be $545,300.90. FAR 8.404(d) states that GSA pricing is determined to be fair and reasonable at the time of GSA contract award. Further, this pricing is consistent with the prior, competitive BPA's pricing (VA244-BP-0077 which expired on 09/30/2015) which was also determined to be fair and reasonable at the time of BPA award. Therefore, the BPA prices are fair and reasonable.



(6) DESCRIBE THE MARKET RESEARCH CONDUCTED AMONG SCHEDULE HOLDERS AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED:

A new contract is currently being solicited for competitive award. Due to CRB approvals and revised requirements, this new contract will not be in place by June 1, 2016.



(7) ANY OTHER FACTS SUPPORTING THE JUSTIFICATION:

N/A.



(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:

A new BPA is being prepared for competitive solicitation and award.



(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. (This signature is the requestor's supervisor, fund control point official, chief of service or someone with responsibility and accountability.)





SIGNATURE DATE

Erin Palmer Supervisory Med Technologist MSL

NAME TITLE SERVICE LINE/SECTION

VA Pittsburgh, on behalf of VISN 4 P&LMS

FACILITY





(10) APPROVALS IN ACCORDANCE WITH THE VHAPM, Volume 6, Chapter VI: OFOC SOP: This part if filled out by Contracting Staff as part of the Justification



a. CONTRACTING OFFICER'S CERTIFICATION (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.







CONTRACTING OFFICER'S SIGNATURE DATE



Jennifer Callahan, Contracting Officer Erie VAMC ______________________________

NAME AND TITLE FACILITY







b. Director of Contracting/DESIGNEE: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.





SIGNATURE DATE



Seth Custer, Division Chief

NAME

For NCO/PCO 4 Director of Contracting



HIGHER LEVEL APPROVAL (Required For orders over $650,000):



c. SAO: I certify the justification meets requirements for restricting consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.







SIGNATURE DATE





Joseph Maletta

Director, SAO E





d. VHA HCA REVIEW AND APPROVAL (over $650,000 to $12.5 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







Joseph Maletta DATE

VHA Head of Contracting Activity (HCA)





e. VA Deputy Senior Procurement Executive Approval ($12.5 million not to exceed $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 restricting consideration of the Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4







DATE

Deputy Senior Procurement Executive (DSPE)



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.





JAN R. FRYE DATE

Deputy Assistant Secretary

Office of Acquisition and Logistics

Senior Procurement Executive (SPE)