Exception to Fair Opportunity.pdf

36C245-20-AP-2174/512-20-2-883-0283

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 For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C245-20-AP-2174/512-20-3-883-0282

1. Requesting Activity:

Department of Veterans Affairs

VISN 5

VA Baltimore Medical Center Mental Illness Research, Education and Clinical Center (MIRECC)

Contracting Activity:

Department of Veterans Affairs VHA Regional Procurement Office East VA Maryland Healthcare System Perry Point VA Medical Center 515 Bioler House Road Building 101C Perry Point, MD 21901

Purchase Request: 512-20-2-883-0283

2. Nature and/or Description of the Action Being Processed: The office of Mental Illness Research, Education and Clinical Center (MIRECC), Baltimore VA is requesting approval to establish a new sole source contract with the Veterans Affairs their affiliate, The University of Maryland for reseach that leads to the development and evaluation of effective treatment strategies to improve the care of veterans with schizophrenia and other mental illnesses within the VISN.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This request is pursuant to FAR Subpart 6.302-5 Authorized or required by statute. The statute which authorizes this request is 38 U.S.C. 8153 (research with affiliates). The anticipated contract will be a firm fixed service contract for a period of 3 months. The anticipated period of performance will be:

08/04/2020 – 11/03/2020

The estimated cost for this contract is $104,112.00

The primary mission of the VISN 5 MIRECC is to improve the care of all veterans with schizophrenia and other serious mental illnesses within the VISN, and ultimately, within the entire VA system as well as in the community. One of the primary ways the MIRECC achieves this goal is by generating research data that lead to the development and evaluation of effective treatment strategies. MIRECC researchers need to have access to data analysts and statistical staff to support MIRECC funded investigators. The main goal of

OFOC SOP Revision 08 Page 2 of 3

Revision 08 Date: 04/18/2018 this contract is to facilitate the research and mission of the VISN 5 MIRECC. The contractor will provide support throughout the life of a study, from inception to publication of final analyses. This encompasses rigorous study design, efficient management of data that ensure its quality and integrity, and statistically sound data analysis and interpretation. The MIRECC has utilized the Department of Psychiatry, Division of Psychology, Division of Psychiatric Services Research in the University of Maryland, School of Medicine to provide this support since 2001. These services will be provided by masters’ level Statisticians, Quantitative Psychologists and Epidemiological support staff.

4. Statutory Authority Permitting Other than Full and Open Competition: In Accordance to FAR Subpart 6.302-5, the proposed acquisition strategy is consistant with legal precedence for sole sourcing research related affiliate contracts in accordance with 38 U.S.C. 8153.

( ) (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;

( ) (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): The University of Maryland Department of Psychiatry is the best qualified to perform the duties of this contract. The University has been intimately involved in various MIRECC and other joint projects over the past several years. Their statistical data analysis and data management staff have performed this work since 2001, first through multiple Interagency Personnel Agreements (IPA), then through the previous contract. It is a specific familiarity with the VA research requirements, regulations, and programs along with the extensive knowledge in the field of Mental Illness that makes the University of Maryland Department of Psychiatry (an Affiliate of the VA Maryland Health Care System), an important asset to the VISN 5 MIRECC. It will take a protracted amount of time to attempt to bring another company up to the level of skill and knowledge with the affiliate.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: IAW FAR 6.302-5(a) (2) (i) 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. The University of Maryland is an affiliate of the Baltimore VA and as such, the above noted statute is applicable.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: The Contracting Officer anticipates the price noted above to be fair and reasonable.

The Government anticipates paying for the Vendor’s actual costs plus an indirect cost per University established schedules. Negotiations may be conducted if the Contracting Officer deems necessary.

OFOC SOP Revision 08 Page 3 of 3

Revision 08 Date: 04/18/2018

The Contracting Officer will determine fair and reasonable pricing prior to award and option periods being exercised.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Due to their expertise, The University of Maryland is the only one capable to do this work, therefore, we can not go through vets or small businesses.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no additional supporting facts related to this procurement.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

University of Maryland 220 Arch St.

Room 02148 Baltimore, MD 21201

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: Given the unique nature of this requirement and the collaborative nature of the research work being conducted it is unlikely that another source will be identified in the near future.

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.

Name: David Czajkowski Title: Administrative Officer, Date

VISN 5 Mental Illness Research, Education, And Clinical Center Facility: VA Maryland Health Care System

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

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.

Name: Crystal Brown Date Title: Contracting Officer Facility: NCO 5 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx