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VHAPG Part 808.405-6 Limiting Sources
Attachment 2: Request for Limited Sources Justification Format >SAT
Effective Date: 02/01/2022 Page 1 of 4

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C250-24-AP-0371

(1) Contracting Activity: Department of Veterans Affairs, Network Contracting Office 10, located at 24 Frank Lloyd Wright Drive, Ann Arbor, MI 48105, in support of VISN 10 Ann Arbor VA Health Care System at 2215 Fuller Road, Ann Arbor, MI 48105 and Toledo VA Clinic, 1200 S. Detroit Ave., Toledo, OH 43614. 506-24-1-1030-0019 (Ann Arbor) and 506-24-1-1098-0006 (Toledo).

(2) Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). This action will be a new requirement to cover the timeframe between the current chemistry contract ending (12/12/2023) and the equipment from the new contract going live (estimated 6/12/2024). A Delivery Order will be completed off Abbott Laboratories NAC contract.

Order against: FSS Contract Number: 36F79719D0024
Name of Proposed Contractor:
Abbott Laboratories, Inc.
Street Address:
100 Abbott Park Road
City, State, Zip:
Abbot Park, IL 60064
Phone:
(224) 668-1883
(3) Description of Supplies or Services:

Bridge PO for Automated Chemistry and Immunoassay Analyzer with a pre-analytical and post-analytical automation track system for Ann Arbor and an Automated Chemistry Analyzer for Toledo Outpatient Clinic. Currently the VA has Chemistry Architects CI Series and Automation Track System, from Abbott Laboratories, in the Chemistry Lab, for chemistry and immunoassay. Our existing ABBOTT Analyzer contract # 36C25019A0012 with, the Ann Arbor PO # 506C30068 and the Toledo PO # 506C30070, (12/13/2022 12/12/2023) is expiring on 12/12/2023. A Bridge PO is required to cover the period between the current BPA ending and the equipment from the new BPA going live.
POP: 12/13/2023 6/12/2024 No options are included.
(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

Currently the VA has Chemistry Architects CI Series and Automation Track System, from Abbott Laboratories, in the Chemistry Lab, for chemistry and immunoassay. The existing ABBOTT Analyzer contract # 36C25019A0012 with, the Ann Arbor PO # 506C30068 and the Toledo PO # 506C30070, (12/13/2022 12/12/2023) is expiring on 12/12/2023. The VA is in the process of getting a new Chemistry/Immunoassay Analyzers with the Automation rack system and there are multiple vendors that are competing for this. The contract should be awarded by 12/1/2023. Once it is awarded the lead time for getting the instruments delivered is 60-90 days depending on which vendor gets the contract and will be some time lapse before we Go-Live with the new system. In order, to be able to continue to provide best patient care to the veterans, the VA needs an additional PO for the existing systems to continue with services beyond 12/12/2023. This PO will cover the Evoqua water systems, reagents, consumables, parts, service, and maintenance (repair and preventative), IM subscription/support and IMS subscription/support to stay the same as the existing BPA. Once the new equipment is fully functional, the services on this PO will no longer be needed. This PO will help provide Chemistry and Immunoassay testing and results for the veteran patients on the existing analyzers until the new analyzers are fully functional.
Abbot is the only vendor that can provide these services as they are the manufacturer of the current equipment onsite and hold the current contract. They do not have any authorized distributors for CPRR contracts.

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, 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.

FAR 8.405-6(b): Items peculiar to one manufacturer:

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

These are direct replacements parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination:

In order, to be able to continue to provide best patient care to the veterans, the VA needs an additional PO for the existing systems to continue with services beyond 12/12/2023. This PO will cover the Evoqua water systems, reagents, consumables, parts, service, and maintenance (repair and preventative), IM subscription/support and IMS subscription/support to stay the same as the existing BPA. Once the new equipment is fully functional, the services on this PO will no longer be needed. This PO will help provide Chemistry and Immunoassay testing and results for the veteran patients on the existing analyzers until the new analyzers are fully functional.
Abbot is the only vendor that can provide these services as they are the manufacturer of the current equipment onsite and hold the current contract. They do not have any authorized distributors for CPRR contracts.
GSA has already determined the prices for the FSS contract to be fair and reasonable. However, in accordance with FAR 8.405-4, the contracting officer shall seek a price reduction.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

VetCert was searched under NAICS 334516 and 199 concerns were found. A search was conducted in DSBS using NAICS 334516 and keyword chemistry CPRR and zero concerns were found. GSA Advantage was searched under chemistry and then an advanced search with CPRR and Abbott and 1 vendor is available: Abbott Laboratories Inc. NAICS code 334516 has an NMR class waiver, however chemistry CPRR contracts are not included on the list. Abbott Laboratories, Inc. is a large business. They do not have any authorized distributors for CPRR contracts. The VA Rule of Two nor the SBA Rule of Two can be met.
(7) Any Other Facts Supporting the Justification:

There are no other supporting facts.

(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:

For any forthcoming procurements of this nature, market research will be conducted to identify comparable and competitive products in the commercial marketplace.

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