36C25019C0004-000.docx

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

FedBizOpps Award Notice

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* = Required Field FedBizOpps Award Notice Rev. March 2010 R Animal Per Diems FY19 553D90050, 553D90051 44131 36C25019C0004 N 541940 Department of Veterans Affairs Network Contracting Office (NCO) 10 6150 Oak Tree Blvd., Suite 300 Independence OH 44131 Bridget May, Contract Specialist 36C25019C0004 $278,000.00 10-01-2018

WAYNE STATE UNIVERSITY

001962224

5057 WOODWARD 13 FLOOR

DETROIT

MI

48202 www.va.gov Main bridget.may@va.gov Office

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C250-18-AP-1438

1. Contracting Activity: Department of Veterans Affairs, NCO 10, John D. Dingell (Detroit) VA Medical Center; purchase request number: 553-19-1-244-0007.

2. Nature and/or Description of the Action Being Processed: This document sets forth the justification and approval for one of the exceptions to full and open competition allowed under Federal Acquisition Regulation (FAR) Part 6.302-1(a)(2). This procurement is available from only one source.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for Animal Care Services 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.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This procurement involves the purchase of Research Animal Care services for the care of animals (rats and mice) housed in the Veterinary Medical Unit of Research Service. These animals are utilized in medical research studies. Animal Care service costs are paid from funds awarded to individual VA Principal Investigators from the Office of Research and Development (ORD). The quantity and species of animal housed at the VA varies widely from study to study.

4. Statutory Authority Permitting Other than Full and Open Competition:

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).

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

a. Only One Responsible Source (FAR 6.302-1) – The VA has an approved Memorandum of Understanding that establishes the WSU Institutional Animal Care and Use Committee (IACUC) as the VA IACUC of record. As such, the VA shares the WSU Animal Welfare Assurance granted by the Public Health Service. This assurance guarantees that the VA and WSU will comply with all applicable provisions of the Animal Welfare Act and other Federal statutes and regulations relating to animals. The VA is also covered by the WSU Association for the Assessment and Accreditation for Laboratory Animal Care International (AAALAC) accreditation. All VA animal facilities must be accredited. Those that utilize the IACUC of their affiliate are covered by the affiliate accreditation. Additionally, the VA is also covered by the WSU United States Department of Agriculture, Animal and Plant Health Inspection Service. All animal services must be provided by WSU in order for the VA to retain its accreditation and Animal Welfare Assurance. If any other contractor were to provide animal services for the VA, the VA would have to halt animal research operations, obtain a new Animal Welfare Assurance, AAALAC accreditation, and USDA approval before animal research could continue. This process would cost the VA thousands of dollars and would require the hiring of many additional staff members. The VA Research budget would not support this change. Accordingly, WSU 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.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This action is being awarded as authorized by Federal Acquisition Regulation (FAR) 6.302-5 (2) (i) which states that Full and Open Competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. Additionally, given that WSU is a recognized partner and AAALAC accredited, these services are available from only one source. In accordance with FAR Part Federal Acquisition Regulation Part 6.302-1(a)(2), full and open competition need not be provided for.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Proposed costs for this item are considered fair and reasonable compared to historical pricing, a survey of per diem charges from other VA Medical Centers, and pricing from various VA Medical Centers utilizing the IACUC and veterinary services of their affiliate. IGCE for this acquisition is $xxx,xxx. This estimate is based on the projected FY18 total of all purchase orders issued under Contract #VA250-17-J-5059.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: This action is being awarded as authorized by Federal Acquisition Regulation (FAR) 6.302-5 (2) (i) which states that Full and Open Competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. Additionally, given that WSU is a recognized partner and AAALAC accredited , these services are available from only one source. In accordance with FAR Part Federal Acquisition Regulation Part 6.302-1(a)(2), full and open competition need not be provided for.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: WSU, the VA partner, is the sole source provider of laboratory animals, veterinary and veterinary technician services, and animal care services for the VA. The VA is an accredited Veterinary Animal Facility due to the fact that we are jointly accredited with WSU. As joint facilities, WSU prepares the program description for the Laboratory Animal Care and Use Program that supports our accreditation with the Association for the Assessment and Accreditation for Laboratory Animal Care International (AAALAC).

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Not Applicable

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:

No actions are planned that would remove the barrier to competition for this service. It is likely that services from WSU will be required long term unless a major decision is made by medical center authorities to obtain a separate Animal Welfare Assurance and accreditation. At this time, this is considered to be cost-ineffective and highly unlikely.

OFOC SOP Revision 08 Page 4 of 4 Original Date: 03/22/11 Revision 08 Date: 04/18/2018