MODIFICATION
J -- Getinge Sterilizers
- Notice Date
- 8/12/2009
- Notice Type
- Modification/Amendment
- NAICS
- 811219
— Other Electronic and Precision Equipment Repair and Maintenance
- Contracting Office
- Department of Veterans Affairs, VA Gulf Coast Veterans Health Care System, Department of Veterans Affairs Gulf Coast Veterans Health Care System, Department of Veterans Affairs;VA Gulf Coast VHCS;A&MMS (90C);400 Veterans Avenue;Biloxi MS 39531
- ZIP Code
- 39531
- Solicitation Number
- VA-256-09-RP-0340
- Archive Date
- 11/10/2009
- Point of Contact
- Bill GearyContract Specialist228-523-5178<br />
- E-Mail Address
-
Contract Specialist
(bill.geary@va.gov)
- Small Business Set-Aside
- N/A
- Description
- Department of Veterans AffairsVISN 16Justification for Other Than Full and Open Competition 1.Identification of Agency and Contracting Activity The VA Gulf Coast Veterans Health Care System (VAGCVHCS), Contracting Office, Biloxi, MS, proposes to enter into a contract on a basis other than full and open competition for the Facilities Management Service (FMS). 2.Nature/Description of Action A new firm fixed price services contract for preventative maintenance and repair of sterilizers is being contemplated under the authority of 41 U.S.C. 253(c) (1), as implemented by Federal Acquisition Regulation (FAR) 6.302-1 - Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements. Getinge USA, Inc., 1777 East Henrietta Road, Rochester, NY 14623, is the incumbent contractor and is the manufacturer of the sterilizers the VAGCVHCS (Biloxi Campus) currently utilizes. 3.Description of Supplies/Services The Facilities Management Service (FMS) at the VA Gulf Coast Veterans Health Care System (VAGCVHCS) requires preventative maintenance and repair of 6 of its Getinge sterilizers. These sterilizers must remain in good repair and in constant service for the health and protection of the VA's surgery patients. 4.Identification of Statutory Authority (X) 41 U.S.C. 253 (c) (1) Only One Responsible Source( ) 41 U.S.C. 253 (c) (2) Unusual and Compelling Urgency( ) 41 U.S.C. 253 (c) (3) Industrial, Mobilization, Engineering, Developmental, or Research Capability or Expert Services( ) 41 U.S.C. 253 (c) (4) International Agreement( ) 41 U.S.C. 253 (c) (5) Authorized or Required by Statute( ) 41 U.S.C. 253 (c) (6) National Security( ) 41 U.S.C. 253 (c) (7) Public Interest 5.Rationale in support of citation in Paragraph 4 above: a.Description of contractor and or of acquisition action that demonstrates that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited: The VA's Sterilizers (manufactured by Getinge USA, Inc.) are under a limited manufacturer's warranty for 15 years from the date of purchase. Under Getinge's Limited Equipment Warranty, Paragraph 3.0 (g), "installation, maintenance, or repair of the Equipment performed by other than Getinge or a service provider authorized by Getinge" will void any Getinge equipment under warranty. We confirmed with our Getinge representative that they do not subcontract any of their maintenance or repair work to any other company. We have also confirmed with Mr. Mark Reyes, Chief of Biomedical Engineering, that all 6 of the VA's Sterilizers are still under manufacturer's 15 year limited warranty with Getinge. b.Efforts made to ensure that offers are solicited from as many potential sources as practical: In accordance with FAR 5.201, a Presolicitation Notice will be posted on the FedBizOpps website notifying the commercial marketplace of the VAGCVHCS' intent to negotiate solely with Getinge USA, Inc. for preventative maintenance and repair services. If any other potential offerors identify themselves at that time, we will immediately conduct additional market research to see if they can in fact provide the preventative maintenance and repair services required by the VAGCVHCS. Market research conducted in this situation, however, tells us that in order to not void the manufacturer's 15 year limited warranty, we must negotiate on a sole source basis with Getinge. c.If the Sole Source Exception (c) (1) was chosen, state the date of synopsis or the basis for waivers. Once our VA Form 2268 is approved to proceed on a sole source basis, a Presolicitation Notice will be placed on FedBizOpps website that will relay the VAGCVHCS' intentions accordingly. d. If the Urgency Exception was chosen and this J&A was prepared after the procurement action was carried out, state the reasons. N/A The above acquisition will be negotiated with: N/A 6.Determination of a Fair and Reasonable Cost The Contracting Officer determines that the anticipated cost to the Government will be fair and reasonable because a complete analysis of all costs or a price analysis will be fully utilized prior to award of the contract. The Independent Government Estimate will also be used as a tool in helping determine price fair and reasonableness. By signing this justification, the Contracting Officer makes a determination that the costs/prices to the Government are expected to be fair and reasonable. 7.A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. Market research was conducted to the extent of contacting Getinge USA, Inc. to see if they had any subcontractor's who accomplished their sterilizer preventative maintenance and repair services. Getinge confirmed in writing that they do not subcontract any of their sterilizer preventative maintenance or repair work. Mr. Mark Reyes, Chief of Biomedical Engineering, confirmed that the VA's 6 Sterilizers are all still under the manufacturer's 15 year warranty. The Getinge 15 Year Limited Equipment Warranty states in Paragraph 3.0 (g), "installation, maintenance, or repair of the Equipment performed by other than Getinge or a service provider authorized by Getinge" will void any Getinge equipment under warranty. Again, we confirmed with our Getinge representative that they do not subcontract any of their maintenance or repair work to any other company. 8.Additional Support for the use of other than full and open competition: a. Explanation of why technical data, specifications, engineering descriptions, statement of work or purchase descriptions suitable for full open and competition have not been developed or are not available: N/A b. When the sole source exception is used in the case of a follow-on acquisition, provide an estimate of the cost that would be duplicated and describe how the estimate was derived if the contract is awarded to other than the incumbent: Unknown. The cost to repair the VA's 6 Getinge Sterilizers that are covered by the manufacturer's limited 15 year warranty (before the normal preventative maintenance and repair costs covered by the contract would become effective) would be duplicated if awarded to other than the incumbent as awarding to someone other than Getinge would void the subject warranty. It is almost impossible to even estimate what these costs would be as there is no way to determine what could conceivably go wrong with the Sterilizers that would be covered the manufacturer's limited 15 year warranty. c. When the urgency exception is cited provide the data, estimate of cost or other rationale as to the extent of harm to the government if the contract is not awarded expediently: N/A 9.Sources expressing an interest: To date, no other sources have expressed an interest in providing sterilizer preventative maintenance and repair services for the VAGCVHCS. Once the Presolicitation Notice is published, any other sources of supply that are interested in providing preventative maintenance and repair services for the VAGCVHCS will identify themselves to us accordingly. 10. Actions, if any, being taken to remove barriers to full and open competition: We will continue to speak with Getinge USA, Inc., and will continue to monitory the commercial sterilizer market for service trends. We would welcome full and open competition both now and in the future for this type of acquisition but don't believe that we will ever see this happen until the VA purchases sterilizers that are not covered by a manufacturer's warranty that can be voided by someone other than the manufacturer or their authorized representatives accomplishing the work.. 11. Delivery Requirements: Base Period: October 1, 2009 through September 30, 20101st Option Period:October 1, 2010 through September 30, 20112nd Option Period:October 1, 2011 through September 30, 20123rd Option Period:October 1, 2012 through September 30, 20134th Option Period:October 1, 2013 through September 30, 2014 12. Acquisition Plan: An Acquisition Plan (X) is ( ) is not required for this acquisition. 13. IT Approval: IT Approval ( ) is (X) is not required for this acquisition. If it is, include appropriate approvals. The assertions and recommendations in support of the justification have been prepared by: //SIGNED//7/24/09Marcos G. Reyes_______________________________________________________________________Technical Representative Date Contracting Officers Certification The Contracting Officer has determined that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief. //SIGNED//Donna Frazza7/24/09__________________________________________________ ________________Contracting Officer Date N/A______________________________________________ _______________One Level above Contracting Officer Date CONCURRED BY: N/A___________________________________________________________________ Head of Contracting Activity Date Activity Competition Advocate CONCURRED BY: N/A___________________________________________________ ________________Agency Competition Advocate Date CONCURRED BY: N/A__________________________________ ________________Senior Procurement Executive Date
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