Description
DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Other Than Full and Open Competition 1. Contracting Activity: Department of Veterans Affairs, Rocky Mountain Acquisition Center, NCO 19; 4100 E. Mississippi Avenue, STE 900, Glendale, CO 80246 Justification for Other than Full and Open Competition, 2. Nature and/or Description of the Action Being Processed: This is a sole source original contract request for a firm fixed price contract with Richard-Allan Scientific Company to provide 12 months of preventive maintenance on Thermo-Fisher Tissue Processors and Cryostats at Fort Harrison VAMC, Grand Junction VA Medical Center, and Eastern Colorado Health Care System. 3. Description of Supplies/Services Required to Meet the Agency's Needs: This is a new preventive maintenance contract request to service existing Thermo Fisher equipment at Fort Harrison VAMC, Grand Junction VA Medical Center, and Eastern Colorado Health Care System. The preventive maintenance includes a premium plan service agreement for all replacement parts, labor and travel expenses for any unscheduled service visits and scheduled service visits. The preventive maintenance total cost is $43,856.00 for a one year period of performance as per below table: Fort Harrison VAMC Thermo Fisher Tissue Processor Model: A78400006 / Serial: EX40441201 Printmate Cassette Printer PM2189M1208 Slidemate Slide Printer 510186-03 Rotary Microtome 39619 & 37197 Period of Performance: Feb 2014 - Feb 2015 $23,538.00 Denver ECHCS Thermo Fisher Tissue Processors, 2 each Model A78400001 - Serial EX20010602 Model B64100002 - Serial EX29350812 Period of Performance: Apr 2014 - Apr 2015 $15,908.00 Grand Junction VAMC Thermo Fisher Cryostat FSE / CC0173D1007 Period of Performance: Feb 2014 - Feb 2015 $4,410.00 4. Statutory Authority Permitting Other than Full and Open Competition: The statutory authority permitting other than full and open competition is 41 U.S.C. 253(c) (1), and FAR 6.302 (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): Components and replacement parts of the Thermo Fisher Tissue Processor equipment are proprietary to Thermo-Fisher. Use of parts not validated by Thermo-Fisher will jeopardize the integrity of the equipment and VA's capacity to provide reliable patient care. 1. Thermo-Fisher has the ability to perform a certified preventive maintenance visit to validate the performance of the equipment in accordance with Thermo-Fisher specifications. 2. Thermo-Fisher provides a loaner option for the slidemate sub-component of the Tissue Processor. 3. Thermo-Fisher service engineers have access to proprietary advanced service materials. Other companies are not licensed by Thermo-Fisher for this and are unable to access advanced levels of service materials. 4. Thermo-Fisher only offers preventive maintenance through their subsidiary company, Richard-Allan Scientific, Inc., which is large business. It was determined that no small businesses are available for this requirement through market research through Contractdirectory.gov, FPDS EZ search, VETBIZ, GSA eLibrary, SBA dynamic search, SAM, public Internet search engine, and Thermo Fisher Scientific official website. 6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Preliminary research found that Richard-Allan Scientific Inc. manufactures the Thermo Fisher Tissue Processor. Preventive maintenance, repair and maintenance on the Thermo Fisher are proprietary and require new, OEM, proprietary parts and processes available only from Richard-Allan Scientific Inc. Market research conducted revealed only one source available (see section 8 below for further details). 7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost will be fair and reasonable based on previous acquisition history in comparison with similar items in a related industry IAW FAR 13.106-3(iv). A price comparison was conducted against previous contracts from different companies on similar laboratory equipment preventive maintenance (see Price Fair & Reasonable in contract file). 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 on Contractordirectory.gov, FPDS.gov, VETBIZ, SAM, GSA, and Google which resulted in multiple Thermo Fisher subsidiary large businesses. All companies belong to Thermo Fisher Scientific and consist of regional geographical territories pending supply and service product lines. One Thermo-Fisher vendor, Thermo Fisher Healthcare, has a GSA schedule; however, their GSA schedule does not provide preventive maintenance service. All market research conducted revealed a sole source entity. It was determined there is only one source that can provide preventive maintenance services on Thermo Fisher equipment. 9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. 10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None 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: Each station and NCO-19 will continue to seek the latest and best equipment to satisfy the Government's need when equipment is due for replacement. Searches through Internet, GSA schedule, VA contracts, etc. will be conducted for new equipment. It is industry standard that proprietary maintenance and repair is required for laboratory equipment purchased.