SOLICITATION NOTICE
66 -- 504-12-4-135-0286/VA258-12-AP-2096 | AMA | EMER HEMA EQUIP
- Notice Date
- 9/21/2012
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 334516
— Analytical Laboratory Instrument Manufacturing
- Contracting Office
- Department of Veterans Affairs;Contracting Section;6010 Amarillo Blvd W;Amarillo TX 79106
- ZIP Code
- 79106
- Archive Date
- 9/24/2012
- Point of Contact
- Robert S Miller
- E-Mail Address
-
4-7845<br
- Small Business Set-Aside
- N/A
- Award Number
- VA258-12-P-0545
- Award Date
- 9/14/2012
- Description
- DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Other Than Full and Open Competition 1.Contracting Activity: The U.S. Department of Veterans Affairs, Contracting Office Amarillo Network Contracting Activity 18, located at 6010 Amarillo Blvd West, Amarillo TX 79106 proposes to enter into a firm-fixed price contract on the basis of justification for other than full and open competition for the VA Amarillo Healthcare System. The eCMS Purchase order number is VA258-12-P-0545, IFCAP PO of 504-A27033. 2.Nature and/or Description of the Action Being Processed: This is a new procurement and the contract contemplated will be firm fixed price to Beckman Coulter, Inc., 250 S Kramer Blvd, Brea, CA 92822-0550. 3.Description of Supplies/Services Required to Meet the Agency s Needs: The requirement is for the procurement of two (2) Unicell DxH 800 Hematology Analyzers for the Amarillo VAMC Lab Services department. This is required in order to bring Amarillo Lab Services (on-site and at the Lubbock Center) up to fully operational capability. Again, this is due mainly to the current Beckman Coulter LH750 breaking down, include being out-of-life-cycle. Beckman Coulter has ready access to the DxH 800 Bench Top and Floor Stand equipment and can begin the trade-out and installation of the new DxH 800 model within 60-days, in lieu of the norm of 120-days, and as soon as they are notified via a purchase order (PO). The contractor is further required to deliver, swap-out, set up, test, train, 1-year warranty, and remove old LH750 piece, within 60-days of contract award on an emergent basis. 4.Statutory Authority Permitting Other than Full and Open Competition: 41 USC 253(c) (2), as implemented by FAR 6.302.2 (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): Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. The DxH 800 Bench Top and Floor Stand model is viewed as cutting edge technology as well as a proprietary component. Replacement and install of new equipment by Beckman Coulter personnel-only must be performed. Beckman Coulter has ready access to this DxH 800 model equipment and can begin required swap-out within 60-days, in lieu of the typical 120-day timeframe, when they are notified via a PO. With the recent changes in contracting, this product must now be procured through contracting. Additionally, there are veterans who are at risk without the Beckman Coulter recently modified LH750 model to perform Hematology studies which is a daily/frequently recurring yet new service. The Beckman Coulter DxH 800 model is required to replace the out-of-life-cycle LH750 model and the contractor can meet the aforementioned required delivery of 60-days from the contract award. Additionally, failure to provide the needed item would not meet the VA mission of providing exceptional healthcare treatment to veterans. 5.Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: At this time Beckman Coulter makes its parts available only to Hematology & Cell Image Analyzer Cost-Per-Test. dealers. In addition, the use of non-Hematology Analyzer Cost-Per-Test parts voids applicable warranties. Continued use of the Hematology Analyzer Cost-Per-Test currently in place will eliminate the need for capital outlay to replace the equipment, representing a savings to the Government of approximately $125,710.00. In addition, replacement of equipment also represents a continuity of service to the facility. Federal Business Opportunities (FBO) Posting: The requirement will not be synopsized in accordance with 5.202(a)(2), in that this acquisition is being conducted under unusual and compelling urgency and the Government would be seriously injured if the agency complies with the time periods specified in 5.203. Efforts to Solicit Other Potential Sources: Market research was conducted and yielded zero results. Future Acquisition Strategy & Efforts: The GSA Contracting Officer will be contacted and work diligently with Beckman Coulter Government POC to negotiate as to whether or not the current open market item can be placed on schedule. 7.Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated dollar value for the contract action is for $149,000. Beckman Coulter has been determined to be commercial in accordance with FAR 2.101; cost or pricing data will not be required. Pricing techniques as are described in FAR 15.404-1(b)(2), will be used to establish price fairness and reasonableness. The Contracting Officer determines that the anticipated price will be fair and reasonable based on historical price analysis. Market research and analysis was conducted and yielded zero results. At this time, the requirement cannot be competed because it is proprietary in nature. 8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted and showed that Beckman Coulter is the sole manufacturer of the Unicell DxH 800 Hematology Analyzers. The AVAHCS currently has only one functional hematology analyzer and face possible delays in patient care and increased expenditures for fee basis testing if this analyzer fails. 9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Delay in award would result delay patient care due to having one functional hematology analyzer in the AVAHCS. The room analyzer is used to perform necessary blood analysis to provide diagnostic information to the Providers a vital component to patient care plans. If this analyzer fails then all hematology testing will be sent to reference laboratories; this will result in diagnostic delays and increased fee basis expenditures. 10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: See Section VI above. 11. 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: The proposed contract is a onetime one case emergent purchase, which allows the VA Amarillo Network Contracting Activity enough time to possibly compete the requirement as a maintenance and repair (M&R) service contract. This equipment is the natural progression to the product line offered by Beckman Coulter. Continued use of this manufacturer will reduce the time and expense of validation studies prior to patient use. Additionally, by implementing the same manufacturer we are able to incorporate consistent reagent systems and storage requirements already in place. There is a plan to re-contract for the DxH 800 requirement using a base + four (4) one year options as a maintenance and repair (M&R) service contract. The requirement has been identified and the acquisition planning will commence following the award of this contract. A presolicitation synopsis will be posted in accordance with FAR 5.201 for the new need. 12. 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. _//Signed//____________________________ ________________________ Douglas AlexanderDate: September 17, 2012 Laboratory Manager Thomas E. Creek Medical Center 13. Approvals in accordance with FAR 6.304: IAW 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements granted by 41 U.S.C. 253 (c)(1) the application, limitations and period of performance concerning this emergency/proprietary procurement for the tap assembly circuit board + services through the contractor, GE Healthcare, for radiology services at the Thomas E. Creek Medical Center in Amarillo, TX has been met. a.Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _//Signed//____________________________ ________________________ BENIGNO T. CANALESDate: September 18, 2012 Supervisory Contract Specialist/C.O. Thomas E. Creek Medical Center b.VISN/PCA QA (Required $3K and above): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _//Signed//____________________________ ________________________ Paulette PereiraDate: September 20, 2012 QA/Compliance Procurement Analyst VHA Network 18 (NCO18)/SAO-West c.NCM/PCM (Required $3K and above): I certify the justification meets requirements for other than full and open competition. _//Signed//____________________________ ________________________ Sabrina J. SmithDate: September 21, 2012 Network Contract Manager VISN 18 Network Contract Manager d.SAO QA (If over 500K): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _NOT REQUIRED_________________ _NOT REQUIRED __________ NameDate Title Facility e.SAO (If over 500K): I certify the justification meets requirements for other than full and open competition. _NOT REQUIRED_________________ _NOT REQUIRED __________ NameDate Director Service Area Office, West f.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 $10million) or approve ($500K to 10 million) for other than full and open competition. _NOT REQUIRED_________________ _NOT REQUIRED ___________ Norbert S. DoyleDate Acting Chief Procurement and Logistics Officer VHA Head of Contracting Activity (HCA) g.VA Deputy Senior Procurement Executive Approval (over $10 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. _NOT REQUIRED_________________ _NOT REQUIRED ____________ Iris B. CooperDate Deputy Senior Procurement Executive (DSPE) Office of Acquisition and Logistics Department of Veterans Affairs h.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. _NOT REQUIRED_________________ _NOT REQUIRED ____________ Jan R. FryeDate Deputy Assistant Secretary for Acquisition and Logistics Senior Procurement Executive (SPE) Department of Veterans Affairs
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