Inactive

VHAPM Part 808.405-6 Limiting Sources Page 1 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020 LIMITED SOURCES JUSTIFICATION ORDER >SAT FAR PART 8.405-6 Acquisition Plan Action ID: 36C25... VHAPM Part 808.405-6 Limiting Sources Page 1 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020 LIMITED SOURCES JUSTIFICATION ORDER >SAT FAR PART 8.405-6 Acquisition Plan Action ID: 36C252-21-AP-0749 (1) Contracting Activity: Department of Veterans Affairs, VISN 12, Edward Hines Jr. VA Hospital, BioMedical Engineering Funding Document: 695-21-2-133-0853 (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). Order against: FSS Contract Number: GS-07F-0564X Name of Proposed Contractor: Agilent Technologies, Inc Street Address: 2850 Centerville Rd City, State, Zip: Wilmington, DE 19808-1610 Phone: 302-636-8230 (3) Description of Supplies or Services: The estimated value of the proposed action is $ 273,453.00 Agilent Mass Spectrometer Equipment Maintenance (CrossLab Gold Plan) for two (2) LCMS Triple Quad Systems. Maintenance includes preventative maintenance and corrective maintenance including emergency repairs within normal business hours. Task Order will include base year and four (4) one (1) year options. (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; Agilent Technologies, Inc is the only service vendor authorized to perform service on the Agilent Mass Spectrometer per authorization letter from the OEM. Agilent Technologies does allow other vendors to utilize their certified Agilent Technicians, but only allow those vendors the on-demand service. On-demand service is defined as having a response time of 5-7 days at best. In addition, on-demand cannot offer Agilent Guarantee of Service which is defined as if we can t fix the instrument, Agilent will replace your device(s) with upgraded and often newer versions of the devices . The statement of work clearly states that the contractor must provide twenty-four (24) hour onsite response time after receipt of notification of phone call and shall proceed progressively to completion without undue delay. Agilent Technologies is the only vendor who provides CrossLab Gold Maintenance service, where the response time is defined as same day service. 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: Agilent LCMS Triple Quad System Spectrometer System is considered to be highly technological medical equipment that can only be supported and maintained by the OEM. The maintenance services provided by Agilent Technologies, Inc highly trained technicians is necessary for the equipment to function in accordance with the manufacturer specifications and standards. The maintenance services provided by Agilent Technologies, Inc for the mass Spectrometer can only be provided by the OEM, as the equipment, system updates and upgrades are supported propriety software to Agilent Technologies, Inc. (6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted. GSA awarded contract GS-07F-0564X to Agilent Technologies, Inc under FSC Group 66, Part II, Section N: Chemistry, Biochemistry, Clinical Instruments, General Purpose Laboratory Instruments, Laboratory Furnishings and Accessories and Related Services with a contract period of June 1, 2011 through May 31, 2021. This type of equipment is classified as High Technological Medical Equipment and the hardware and software are proprietary to Agilent Technologies, Inc. An authorized sole source memo from the OEM states that Agilent Technologies, Inc is the only authorized service provider for the LCMS Triple Quad Mass Spectrometer System (see P11 Sole Source letter). Market research was conducted and there were zero SDVOSBs and VOSBs. An Intent to Sole Source notice was posted with 2 additional companies responding (neither were SDVOSB/VOSB). Upon further research, it was proven that neither of the companies could provide an authorization letter from the OEM. In accordance with FAR 5.301 and 16.505(b)(2), this justification will be posted to beta.sam and made publicly available. (7) Any Other Facts Supporting the Justification: The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed. (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: A VIP search was conducted on December 15, 2020. Using key word mass spectrometer , two (2) vendors resulted. When researching these vendors, it was found that neither had the ability to provide the service that was requested (14C02, LLC is an SDVOSB that uses radiocarbon mass spectrometry for carbon dating for archeologists and museums. Apex OmniSource, LLC is an SDVOSB vendor that distributes life science and laboratory equipment). When adding the NAICS 811219 to the original VIP search, zero (0) vendors resulted. A search on SBA on the same date resulted in zero (0) vendors when using key word mass spectrometer and NAICS 811219. When FPDS was searched using key word mass spectrometer , PSC J065, NAICS 811219 and limited it to Department of Veterans Affairs, 87 vendors resulted. Out of those 87, 83 vendors were Agilent Technologies or a subsidiary of Agilent Technologies. An Intent to Sole Source Notice was posted on December 15, 2020, closing on December 18, 2020. 2 vendors responded, Full Spectrum Group and Remi Group. When replying to the both vendors, it was requested that they each provide an authorization letter from the OEM as stated in VAAR 852.212-72 Gray Market and Counterfeit Items. Full Spectrum Group did not reply. Remi Group stated that onsite services are accomplished by authorized Agilent technicians (field service engineers), and only OEM parts are installed as part of Remi s program. Remi does not directly employ field service engineers to perform onsite maintenance and repair. Instead, Remi utilizes Agilent s billable services model to perform necessary services (corrective/preventative maintenance) at the time of service need. Agilent maintains billable (time and material) rates that are available to the public, and this is how our firm utilizes Agilent technicians to perform repair and maintenance services throughout the Period of Performance. This was confirmed by Agilent, but was stated that Agilent only allows outside vendors to use on-demand service, where service response time is 4-7 days after initial contact with the vendor. Agilent Technologies uses CrossLab Gold service, which guarantees 24-hour response time. CrossLab Gold is only offered by Agilent Technologies, Inc and no other vendor can guarantee that response time. As the SOW stated If the contractor s telephones shall not be answered by technical personnel, a technical maintenance representative shall respond by telephone to the VA within four (4) hours of a service call from the VA. If the problem cannot be corrected by phone, the FSE shall commence work (on-site physical response) within twenty-four (24) hours after receipt of this notification and shall proceed progressively to completion without undue delay. As Remi Group would not be able to perform the service as stated in the SOW, and was not able to provide an authorization letter from the OEM, they were eliminated from consideration. (9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor s supervisor, fund control point official, chief of service or someone with responsibility and accountability.) Hillary Groff , BioMedical Engineer Chief Date Edward Hines Jr VA Hospital (10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: a. Contracting Officer s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. Ashley Johnson, Contracting Officer Date Great Lakes Acquisition Center NCO 12 b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition. Jeff Statz, Services Branch Chief Date Great Lakes Acquisition Center NCO 12