Dialysis_Sole_Source_JA.pdf

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Justification and Approval (J&A) for Other Than Full and Open Competition

Choose the funding level for this J&A Document:

< $700K > $700K and < $13.5M > $13.5M and < $93M > $93M

Contracting Activity: 99th Contracting Squadron, Nellis AFB, NV

Purchase Request / Local ID Number: F3G4BA7094AW01

Program / Project (and PE, if applicable): Dialysis Services

Program Type (PEO or Other Contracting):

Authority (include full title): Edwin Gutierrez, Flight Chief

Estimated Contract Cost (including options): $325,078.30 J&A Type: Class Individual

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NOTE: If a Justification and Approval was approved for the preceding acquisition, a copy of the approved J&A for the predecessor action must be included in the staff package for approval of the instant J&A. This applies to J&A staff packages that are submitted for review and approval at a level above the contracting officer. The predecessor J&A will be used as a reference document by the approving official.

Sign and Save Procedure

Date KAREN R. CUSSON, GS-12, USAF

Contracting Officer Signature

Date EDWIN GUTIERREZ Flight Chief

Signature

26 Jun 17

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Note 1: See guidance at the end of this document for completing the following sections.

Note 2: Each field will expand automatically if additional space is needed.

I. Contracting Activity.

99th Contracting Squadron

II. Nature and/or description of the action being processed.

Provide inpatient hemodialysis services at the Mike O'Callaghan Federal Medical Center (MOFMC). This requirement will include inpatient hemodialysis, continuous peritoneal dialysis, and continuous ambulatory dialysis services performed on-site in response to requests issued by the MOFMC nephrologists.

III. Description of supplies/services required to meet agency needs.

Dialysis services must be performed by a firm that is accredited by The Joint Commission.

IV. Statutory authority permitting Other than Full and Open Competition.

FAR 6.302-1: Only One Source

V. Demonstration that the contractor's unique qualifications or nature of the acquisition requires the use of the authority cited above (applicability of authority).

DaVita Dialysis is currently the only company to hold an inpatient dialysis accreditation from The Joint Commission.

VI. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable.

A solicitation was originally issued for a service contract on a competitive basis to sample the market for other businesses that may hold this accreditation. DaVita was the only business that responded; however, it was determined based on Davita's terms that an IDIQ would be a more appropriate contract vehicle. This requirement will now be issued as an IDIQ to DaVita Dialysis on a sole-source basis.

VII. Determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

Davita has already provided a quote that is comparable to prices paid on previous contracts. Based on this the Contracting Officer can determine that the anticipated costs will be fair and reasonable.

VIII. Description of the market research conducted and the results, or a statement of the reasons market research was not conducted.

Prior to the incumbent contract (FA4861-14-C-B006) being solicited a sources sought was posted on 7 Jan 2014 to determine whether there were small businesses (SB) capable of meeting this requirement. Two SBs with similar past performance responded, 1 SB with unknown past performance, and 1 Large Business responded. It was decided to set this requirement aside 100% for small business.

Upon closure of the solicitation, only one small business response was received, and the award was issued to that firm, American Correctional Solutions. During the 3rd year of performance, the MOFMC was cited during an inspection due to their dialysis contractor not possessing an accreditation from The Joint Commission for quality approval for inpatient dialysis.

For the current requirement, the addition of The Joint Commission accreditation was added and an RFQ was posted to

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FBO.gov on 30 May 17 for Full and Open Competition. As expected, only DaVita Dialysis submitted a quote due to their possession of this accreditation. After an initial review, it was determined that a service contract was not appropriate, and a Sole Source IDIQ should be issued.

IX. Any other facts supporting the use of Other Than Full and Open Competition.

N/A

X. List of sources, if any, that expressed interest in the acquisition.

V3 Technical Services, Deltek, DaVita

XI. 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.

This is not a static requirement. It is understood that new businesses may achieve The Joint Commission accreditation in the future. The market will be surveyed again when this contract is re-competed to determine if there are any eligible firms that meet the 99 MDG's accreditation requirement.

XII. Certification by the Contracting Officer.

As evidenced by my signature above, I have determined this document to be both accurate and complete to the best of my knowledge and belief.

XIII. Certification by the technical/requirements personnel.

As evidenced by my (our) signature(s) above, I (we) certify that any supporting data contained herein, which is my (our) responsibility, is both accurate and complete.

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