36C26320D0039-003.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP

OFOC SOP Revision 08 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C263-19-AP-3993

1. Contracting Activity: Department of Veterans Affairs, VISN 23, the Iowa City (IC) VA Health Care System (HCS) (Iowa City VA Medical Center) has a need for kidney organ registration and listing services. Network Contracting Office (NCO) 23 located at Warren E. Burger Federal Building and U.S. Courthouse, 316 Robert Street North, Suite 506, St. Paul, MN 55101 will be procuring this service for the IC VA HCS. The associated solicitation number is 36C263-19-R-0156 and the purchase request/IFCAP/2237 number is 636-20-2-4415-0126.

2. Nature and/or Description of the Action Being Processed: This procurement is for kidney organ registration and listing services. A fixed price with EPA Requirements contract will be awarded on a sole source basis for kidney transplant registration and listing services for the Iowa City VA HCS. The current contract ends March 31, 2020.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This request is for kidney organ registration and listing services for eligible VA beneficiaries who need kidney transplants. In order to receive a kidney transplant with organs obtained from deceased or living donors, one must be registered. The contract’s time period will be for one base year (April 1, 2020 – March 31, 2021) and nine (9) one year options (April 1, 2021 – March 31, 2030) if all options are exercised. The contract will also contain FAR 52.217-8, the six-month extension of services clause. The total estimated value is .00 including the six-month extension.

4. Statutory Authority Permitting Other than Full and Open Competition: 10 USC §2304(c)(5), as implemented by:

( ) (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

(X) (5) Authorized or Required by Statute FAR 6.302-5 (National Organ Transplant Act 1984 [Public Law 98-507]);

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This request is for eligible VA beneficiaries to be put on the kidney organ donor list. Every potential kidney transplant recipient must be registered with the United Network for Organ Sharing organization since they oversee organ donation and organ allocation practices. A registration fee is required to be put on this list. A transplanted kidney is expected to work like a person’s own kidney. There is no other current product that can replace a person’s kidney function as well as a kidney transplant can.

OFOC SOP Revision 08 Page 2 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted by professional and peer interaction. No other organ donor listing service was found in the United States (US) authorized to provide this type of requirement. Due to the National Organ Transplant Act of 1984, deceased organ allocation is regulated and there is no other legal source in the US to obtain organs. Therefore, the United Network for Organ Sharing (UNOS) organization is the identifiable sole source for this requirement.

Sources Sought Synopsis: N/A due to Public Law 98-507

Other Actions: N/A

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The proposed quote will be compared to the current contract price and a current fee letter will be required to help determine fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: This is an open market requirement. Market research was conducted by speaking with peers and the VA acquisition community along with Google internet searches to determine if other organizations could provide this service. UNOS is currently the only organization that can meet this requirement. No other local or regional company or organization can provide this service due to the National Organ Transplant Act of 1984.

The VA Rule of Two and VIP query requirements are not required when the procurement is not available for competition by law.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The US Federal Government prevents the selling of organs and regulates organ donations. Procurement and allocation of donor organs is conducted by the Organ Procurement and Transplantation Network (OPTN) which was established by the US Congress under the National Organ Transplant Act of 1984. UNOS was and is contracted with the US Department of Health and Human Services to establish and administer an organ sharing system. No other deceased donor allocation system is allowed in the US.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No other source solicited; this is a sole source requirement.

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 Iowa City VA HCS will advise the Contracting Office if a new contractor is authorized by US Department of Health and Human Services to provide this service.

12. 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 and belief.

Date

Administrative Officer, SSC SL Iowa City VA Health Care System

Date: 2020.02.17 15:36:41 -06'00'

OFOC SOP Revision 08 Page 3 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

(prepared by Laura Nabity, Contract Specialist)

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date Network Contract Office 23 (NCO 23)

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Date

Health Care Team 2 Branch Chief Network Contract Office 23 (NCO 23) Facility

2-18-2020

Date: 2020.02.18 10:48:52 -06'00'

J Date: 2020.02.18 11:29:10 -06'00'