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FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 21, 2013 FBO #4135
DOCUMENT

J -- DISCO Maintenance Service - Justification and Approval (J&A)

Notice Date

3/19/2013
 

Notice Type

Justification and Approval (J&A)
 

NAICS

811219 — Other Electronic and Precision Equipment Repair and Maintenance
 

Contracting Office

Department of Veterans Affairs;Contracting Section;6010 Amarillo Blvd W;Amarillo TX 79106
 

ZIP Code

79106
 

Solicitation Number

VA25813R0078
 

Archive Date

3/7/2013
 

Point of Contact

Robert S Miller
 

E-Mail Address

4-7845<br
 

Small Business Set-Aside

N/A
 

Award Number

VA258-13-C-0012
 

Award Date

2/25/2013
 

Description

DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Other Than Full and Open Competition 1.Contracting Organization: The U.S. Department of Veterans Affairs, Contracting Office Amarillo Network Contracting Activity 18, located at 6010 Amarillo Blvd West, Amarillo TX 79106 proposes to enter into a firm-fixed price contract on the basis of justification for other than full and open competition for the VA El Paso Healthcare System. The RFP/Purchase order number is VA258-13-R-0078/756-C30055. 2.Nature and/or Description of the Action Being Processed: The contract contemplated will be firm fixed price service contract to Data Distributing LLC, 107 Dakota Ave, Santa Cruz, CA 95060-6604, phone of 805-746-4541. This is a request for other than full and open competition for the procurement of maintenance and warranty renewal services for the DISCO equipment and software purchased from Data Distributing LLC. 3.Description of Supplies/Services Required to Meet Agency's Needs: This requirement is to provide the El Paso VA with uninterrupted continuation of Disco Maintenance & Repair services. This renewal contract from Data Distributing LLC for their DISCO equipment and software purchased last fiscal year - as proprietary. The DISCO system provides the ability for the Centralized Records Unit (CRU) Release of Information area to copy medical record images to CD. This is a requirement per VHA Handbook 1605.1 Privacy and Release of Information. The service renewal contract period of performance is required from March 1, 2013 - February 28, 2014 for the Base Year with potential of four additional Option Years (3/1/2014 - 2/28/2015, 3/1/2015 - 2/28/2016, 3/1/2016 - 2/28/2017, 3/1/2017 - 2/28/2018). 4.Statutory Authority Permitting Other Than Full and Open Competition: 41 USC §253(c) (1), as implemented by FAR 6.302.1. ( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1; (X) (2) Unusual and Compelling Urgency per FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability, or Expert Services per FAR 6.303-3; ( ) (4) International Agreement per FAR 6.304-4; ( ) (5) Authorized or Required by Statute per FAR 6.304-5; ( ) (6) National Security per FAR 6.304-6; ( ) (7) Public Interest per FAR 6.304-7; 5.Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Only one responsible source meeting the VA's need by way of previously procured equipment from Data Distributing LLC. It is sole source due to propriety equipment and software updates required. Data Distributing LLC is the only source who can currently warranty/work upon their equipment and software. If let to sit, or a requirement to procure a new system entirely, then time, funding as well as personal data could be lost, or worse yet, have the potential of identity theft occur on a grand scale. 6.Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: FedBizOpps Posting: The requirement will not be synopsized in accordance with 5.202(a)(2), in that this acquisition is being conducted under unusual and compelling urgency and the Government would be seriously injured if the agency complies with the time periods specified in 5.203. Efforts to Solicit Other Potential Sources: Preliminary market research conducted by the Contract Specialist determined this was the only OEM available with the necessary equipment, skilled labor and staffing to repair the Generator within the timeframe required. The requirement cannot be competed because the repair requires immediate repair. Future Acquisition Strategy & Efforts: This Generator is essential to the facility and must be repaired immediately in case of catastrophic failure. Future efforts will follow procurement guidelines, in a way, as/if the 550kw Generator failure allows the timeframe to do so. 7.Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated price to the Government is $ 9,254.00 for the Base Year. QUANTITYPART NO.DESCRIPTIONUNIT PRICEEXT. PRICE 1162221-231POST RAPID WRNTY-RMGE$3,344.00$3,344.00 Dates:10/1/2012 - 9/30/2013 Serial #:10030130/E062979 1DISCO-PWPOST DISCO SFW WRNTY$3,502.00$3,502.00 Dates:10/1/2012 - 9/30/2013 1RAMS-CDP-110POST CDPP-SFW MAINT ONLY$2,408.00$2,408.00 Dates:10/1/2012 - 9/30/2013 Total:$9,254.00 A check with both El Paso Medical Center HR and Engineering Foreman, as well as local area contractors found that "like" hourly rates for the Texas Panhandle varied from $50 to $60 per hour normal rates, and time-and-a-half, or twice that rate for overtime/after hour's work. The contractor, Data Distributing LLC, charges $65 per hour regular rate, and $97.50 per hour concerning after hour rates. Thus, the Contracting Officer determines that the anticipated price will be fair and reasonable based on historical price analysis as well as local market conditions as shown above 8.Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was not conducted because of the dual (proprietary/criticality) of this Disco unit in relationship to Life safety, etc. The requirement cannot be competed because the continuity of services are needed immediately to ensure both the unit continues to function and the threat from personal data lost is not foreshadowed. The Government's minimum requirement for schedule and technical capability for this service is satisfied only by this contractor. 9.Any Other Facts Supporting the Use of Other than Full and Open Competition: Delay in award could possibly cause additional problems if the VA loses power, or a bug infects the software - potentially leading to personal data lost or stolen. 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: The proposed contract is a recurring purchase. This action allows the VA El Paso Network Contracting Activity to continue services uninterrupted. Due to this action, the NCO will be able to complete the requirement for future endeavors. The requirement has been identified and the acquisition planning will commence following the award of this contract. A presolicitation synopsis will be posted in accordance with FAR 5.201 for the new need. 12.Requirements Certification: I certify that the requirement outlined in this justification is a bonafide 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 and belief. _9/4/2012_____________ Lorenzo AlmanzaDate Chief, Health Administration Service El Paso VA Health Care System 13.Approvals in accordance with FAR 6.304: IAW 6.302-1, Only one responsible source and no other supplies or services satisfy agency requirements, Authority granted by 41 U.S.C. 253(c)(1) - the application, limitations and period of performance concerning this sole source procurement for the Disco Maintenance and Repair at the El Paso VA Medical Center in El Paso, TX has been met. a.Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. //Signed// BENIGNO T. CANALES_____________Date: __11/30/2012______ Supervisory Contract Specialist/C.O. Thomas E. Creek Medical Center b.VISN/PCA QA (Required $3K and above): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. //Reviewed// Paulette Pereira__________________Date: __11/30/2012______ QA/Compliance Procurement Analyst VHA Network 18 (NCO18)/SAO-West c.NCM/PCM (Required $3K and above): I certify the justification meets requirements for other than full and open competition. //Signed// Sabrina J. Smith_________________Date: __12/04/2012______ Network Contract Manager VISN 18 Network Contract Manager
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/VAAHCS/VAAHCS/VA25813R0078/listing.html)
 

Document(s)

Justification and Approval (J&A)
 

File Name: VA258-13-C-0012 VA258-13-C-0012_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=664209&FileName=VA258-13-C-0012-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=664209&FileName=VA258-13-C-0012-000.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN03015373-W 20130321/130319235332-f6e9513be3a76e0775044196393d95c8 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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