DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C246-19-AP-3132 Contracting Activity: Department of Veterans Affairs, VISN 6, VISN 6 stations Asheville, Hampton, Salem, and Salisbury. Nature and/or Description of the Action Being Processed: The Department of Veterans Affairs VISN 6 stations Asheville, Hampton, Salem, and Salisbury require a new requirements type contract for the supply of a fully automated blood culture detection system. FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for a fully automated blood culture detection system in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. Description of Supplies/Services Required to Meet the Agency s Needs: Bacteremia is a serious medical infection causing sepsis, septic shock, and possibly death. Rapid diagnosis is necessary to improve patient outcomes. A fully automated blood culture detection system is needed to detect the presence of bacteria in the bloodstream and aid laboratorians in providing fast and accurate results to physicians. Ther station requires a system compatible with the three existing Bio Merieux Automated System for the Identification and Susceptibility Testing. The period of performance for this will be 10/01/2019-09/30/2024. The estimated cost, including options, is REDACTED Statutory Authority Permitting Other than Full and Open Competition: (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; FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2). 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 (FAR 6.302-1) This requirement was previously solicited under RFQ # 36C24619Q0625. This solicitation was protested by BD and Corrective action was to review the acquisition strategy and resolicit. Accordingly, Biomerieux is the only firm capable of providing the supplies and services described in Section III above without the Veteran s Health Administration experiencing unacceptable delays in fulfilling its requirements. Biomerieux is the only known firm that has an automated blood culture device capable of recognizing expired bottles, over-filled and under-filled bottles with real-time notification alarms. Additionally, it is the only firm that can provide a device with a data management system with motion-activated loading to provide rapid entry of bottles and a fully automated unloading system with visual and audible alerts. These are minimum needs of VISN 6 stations Asheville, Hampton, Salem, and Salisbury. Based on the additional information received, the CO following legal opinion, determined the best acquisition strategy to be a sole source. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Sources Sought Synopsis: A sources sought notice was issued to the vendor found on VIP, on FBO, and on GSA eBuy from 05/30/2019 to 06/06/2019. Two responses were received from the GSA contract holders Becton Dickson and Company (BD) and bioMerieux, Inc. After speaking with BD with regards to the VA s needs, it was communicated that they are not capable of providing a system that is capable of recognizing expired bottles, over-filled and under-filled bottles with real-time notification alarms, and provide a device with a data management system with motion-activated loading to provide rapid entry of bottles and a fully automated unloading system with visual and audible alerts. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Fayetteville VAMC currently has a contract for the exact same equipment under contract # 36C24618D0117. The CO will use the past prices, that have already been deemed fair and reasonable, to negotiate the best pricing for the government. If deemed appropriate, the CO will request other than certified cost or pricing data to perform a price analysis. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research sources include, VIP, FPDS, GSA eBuy, FBO, sources sought notice, Google, past acquisitions, and conversations with industry professionals. VIP was searched utilizing NAICS code 325413 and key word blood culture . One vendor was found, a Service Disabled Veteran-Owned Small Business (SDVOSB), AvKARE. Inc. A FPDS search utilizing the key words blood culture showed that BD and bioMerieux combined make up over fifty percent of government purchases for blood culture needs. VISN 6 stations Hampton, Asheville, Richmond, Salem, and Salisbury are currently utilizing BD products to fulfill their blood culture needs. A sources sought notice was issued to the vendor found on VIP, on FBO, and on GSA eBuy from 05/30/2019 to 06/06/2019. Two responses were received from the GSA contract holders Becton Dickson and Company (BD) and bioMerieux, Inc. BD s FSS contract is due to expire in October of 2019. BD and the VA National Acquisition Center (NAC) are currently in negotiations for a new contract. bioMerieux s FSS contract is due to expire in May of 2021. A FSS BPA is not considered to be the best acquisition strategy because the vendor does not offer all of the required items on their FSS contract. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no other facts at this time. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Becton Dickson and Company (BD) and bioMerieux, Inc. 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: In order to overcome barriers to competition, the VA will continue to issue sources sought notices for future acquisitions in an attempt to locate other blood culture devices that meet the VA s needs.
