MODIFICATION
J -- MEDRAD CT and MRI Injectors
- Notice Date
- 1/7/2010
- Notice Type
- Modification/Amendment
- NAICS
- 811219
— Other Electronic and Precision Equipment Repair and Maintenance
- Contracting Office
- Department of Veterans Affairs;VA Gulf Coast VHCS;A&MMS (90C);400 Veterans Avenue;Biloxi MS 39531
- ZIP Code
- 39531
- Solicitation Number
- VA-256-10-RP-0060
- Archive Date
- 4/7/2010
- Point of Contact
- William GearyContract Specialist
- E-Mail Address
-
Contract Specialist
(bill.geary@va.gov)
- Small Business Set-Aside
- N/A
- Description
- Department of Veterans AffairsVISN 16 Justification for Other Than Full and Open Competition 1.Identification of Agency and Contracting Activity The VA Gulf Coast Veterans Health Care System (VAGCVHCS), Contracting Office, Biloxi, MS, proposes to enter into a contract on a basis other than full and open competition for the Facilities Management Service (FMS). 2.Nature/Description of Action A new firm fixed price services contract for preventative maintenance and repair of injectors is being contemplated under the authority of 41 U.S.C. 253(c) (1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1 - Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements. MEDRAD, Inc., 100 Global View Drive, Warrendale, PA 15086, is the proposed contractor and is the manufacturer of the injectors the VAGCVHCS (Joint Ambulatory Care Center) currently utilizes. MEDRAD, Inc. is a large business. As such, it will not be possible to comply with EO 13360 - Providing Opportunities for Service-Disabled Veteran Businesses to Increase Their Federal Contracting and Subcontracting, on this requirement. 3.Description of Supplies/Services The Facilities Management Service (FMS) at the VAGCVHCS requires preventative maintenance and repair of two (2) of its MEDRAD Injectors. These injectors must remain in good repair and in constant service (or be brought quickly back into service) for the health, well-being, and protection of the VA's patients. 4.Identification of Statutory Authority (X) 41 U.S.C. 253 (c) (1) Only One Responsible Source ( ) 41 U.S.C. 253 (c) (2) Unusual and Compelling Urgency ( ) 41 U.S.C. 253 (c) (3) Industrial, Mobilization, Engineering, Developmental, or Research Capability or Expert Services ( ) 41 U.S.C. 253 (c) (4) International Agreement ( ) 41 U.S.C. 253 (c) (5) Authorized or Required by Statute ( ) 41 U.S.C. 253 (c) (6) National Security ( ) 41 U.S.C. 253 (c) (7) Public Interest 5.Rationale in support of citation in Paragraph 4 above: a.Description of contractor and or of acquisition action that demonstrates that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited: The VA's would like their two (2) MEDRAD Injectors (manufactured by MEDRAD, Inc.) put under a preventative maintenance and repair contract so that they are properly maintained and repaired immediately in the event of an equipment failure. MEDRAD provides preventative maintenance and repair of their own injectors with their own in-house employees and does not subcontract out their work. Also, the software used to calibrate the injectors is proprietary to MEDRAD. In speaking with Mr. Mark Reyes, VA Biomedical Engineering Technician, it is possible for another company to calibrate another company's equipment due to similarities in calibration equipment but the only way to be exactly sure that the MEDRAD equipment is properly and accurately calibrated, which is what we want in a medical environment where patient medical care and safety is paramount, is to go directly to MEDRAD for the preventative maintenance and repair of our MEDRAD Injectors. b.Efforts made to ensure that offers are solicited from as many potential sources as practical: In accordance with FAR 5.201, a Presolicitation Notice will be posted on the FedBizOpps website notifying the commercial marketplace of the VAGCVHCS' intent to negotiate solely with MEDRAD, Inc. for preventative maintenance and repair services. If any other potential offerors identify themselves at that time, we will immediately conduct additional market research to see if they can in fact provide the preventative maintenance and repair services required by the VAGCVHCS. Initial Market Research conducted in this situation, however, tells us that in order to ensure that the injectors are properly and accurately calibrated, we must negotiate on a sole source basis with MEDRAD. c.If the Sole Source Exception (c) (1) was chosen, state the date of synopsis or the basis for waivers. Once our VA Form 2268 is approved to proceed on a sole source basis, a Presolicitation Notice will be placed on FedBizOpps website that will relay the VAGCVHCS' intentions accordingly. d. If the Urgency Exception was chosen and this J&A was prepared after the procurement action was carried out, state the reasons. N/A The above acquisition will be negotiated with: N/A 6.Determination of a Fair and Reasonable Cost The Contracting Officer determines that the anticipated cost to the Government will be fair and reasonable because a complete analysis of all costs or a price analysis will be fully utilized prior to award of the contract. The Independent Government Estimate will also be used as a tool in helping determine price fair and reasonableness. We will also seek pricing support from other VA's that have preventative maintenance and repair contracts with MEDRAD for similar injectors. By signing this justification, the Contracting Officer makes a determination that the costs/prices to the Government are expected to be fair and reasonable. 7.A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. Market research was conducted by reviewing the Federal Business Opportunities (FedBizOpps) Website to see what other VA's were doing with their MEDRAD Injectors. We also contacted MEDRAD, Inc. to see if they had any subcontractor's who accomplished their injector preventative maintenance and repair services. MEDRAD confirmed via telephone that they do not subcontract any of their injector preventative maintenance or repair work. 8.Additional Support for the use of other than full and open competition: a. Explanation of why technical data, specifications, engineering descriptions, statement of work or purchase descriptions suitable for full open and competition have not been developed or are not available: N/A b. When the sole source exception is used in the case of a follow-on acquisition, provide an estimate of the cost that would be duplicated and describe how the estimate was derived if the contract is awarded to other than the incumbent: N/A. This is not a follow-on acquisition as it is a brand new requirement for MEDRAD Injectors that are just coming off of the manufacturer's warranty. c. When the urgency exception is cited provide the data, estimate of cost or other rationale as to the extent of harm to the government if the contract is not awarded expediently: N/A 9.Sources expressing an interest: To date, no other sources have expressed an interest in providing injector preventative maintenance and repair services for the VAGCVHCS. Once the Presolicitation Notice is published, any other sources of supply that are interested in providing preventative maintenance and repair services for the VAGCVHCS will identify themselves to us accordingly. 10. Actions, if any, being taken to remove barriers to full and open competition: We will continue to speak with MEDRAD, Inc. and will continue to monitor the commercial injector market for service trends. We would welcome full and open competition both now and in the future for this type of acquisition but don't believe that we will ever see this happen until the VA purchases injectors that do not have calibration software that is propriety to the manufacturer (where only the manufacturer can properly and accurately calibrate the injectors). 11. Delivery Requirements: Base Period: March 1, 2010 through September 30, 2010 1st Option Period:October 1, 2010 through September 30, 2011 2nd Option Period:October 1, 2011 through September 30, 2012 3rd Option Period:October 1, 2012 through September 30, 2013 4th Option Period:October 1, 2013 through September 30, 2014 12. Acquisition Plan: An Acquisition Plan ( ) is (X) is not required for this acquisition. 13. IT Approval: IT Approval ( ) is (X) is not required for this acquisition. If it is, include appropriate approvals. The assertions and recommendations in support of the justification have been prepared by: //SIGNED//January 6, 2009 Marcos G. Reyes _______________________________________________________________________ Technical Representative Date Contracting Officers Certification The Contracting Officer has determined that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief. //SIGNED//January 6, 2009 William A. Geary __________________________________________________ __________________ Contracting Officer Date N/A ______________________________________________ _______________ One Level above Contracting Officer Date CONCURRED BY: N/A _____________________________________________________________________ Head of Contracting Activity Over $500K not exceeding $10 MilDate Activity Competition Advocate CONCURRED BY: N/A ___________________________________________________ ________________ Agency Competition Advocate Over $10M not exceeding $50MDate CONCURRED BY: N/A __________________________________ __________________ Senior Procurement Executive Over $50MDate
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