J_A - 36C24124A0036 FISH Testing (Redacted).pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C241 23 AP 2032

1. Contracting Activity:

Department of Veterans Affairs, VISN 1, Regional Procurement Office East, Network Contracting Office 1 on behalf of VISN 1 Network Consolidated Laboratory.

2. Nature and/or Description of the Action Being Processed:

This procurement is for Fluorescence In Situ Hybridization (FISH) Testing Services in accordance with FAR 13.5 Simplified Acquisition Procedures (SAP) for Certain Commercial Items, and specifically FAR

13.501 Special Documentation Requirements, where acquisitions conducted under SAP are exempt from the requirements for FAR Part 6, but still require a justification using the format of FAR 6.303 2.

VISN 1 is requesting approval to establish a new 5 year firm fixed price Blanket Purchase Agreement (BPA) to support FISH Testing Services at the following VAMC locations:

VA Connecticut, West Haven Campus, 950 Campbell Ave, West Haven, CT 06516 VA Connecticut, Newington Campus, 555 Willard Ave, Newington, CT 06111 VA Central Western Massachusetts HCS, 421 North Main Street, Leeds, MA 01053 VA West Roxbury 1400 VFW Parkway, West Roxbury, MA 02132 VA Providence, 830 Chalkstone Ave, Providence, RI 02908 VA Manchester, 718 Smyth Road, Manchester, NH 03104 VA White River Junction, 215 North Main Street, White River Junction, VT 05009 VA Maine HCS, 1 VA Center, Augusta, ME 04330 VA Boston HCS, Brockton Campus, 940 Belmont St, Brockton, MA 02301 VA Boston HCS, Jamaica Plains Campus, 150 S. Huntington Ave, Boston, MA 02130 VA Bedford HCS, 200 Springs Rd, Bedford, MA 01730

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

FISH Testing Services include:

VAMC Physician related FISH interpretation – VAMC physician to interpret majority of FISH testing performed at contractor facility, generate the interpretation within the contractor provided web based software, and retrieve downloadable final patient report.

Oncology reference laboratory testing on peripheral blood, bone marrow, and embedded paraffin tissue professional interpretation for select cases.

FISH technical component testing only on majority of cases.

Acquisition Plan Action ID: 36C241 23 AP 2032

Meets all requirements.

Vendor appears to offer supplies and consulting services, could not find a testing menu.

In addition, historical data provided from IDIQ contract revealed that had previously competed for the contract award. However, they did not meet the requirements at the time the solicitation was issued, nor do they meet the requirements of the current action.

NeoGenomics appears to be the only regional laboratory able to provide all of testing required in the performance work statement; provide a technical only component; and provide a web based software that allows the pathologists to create their interpretation in the contractor software and download finalized results.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: It is determined that the anticipated cost will be fair and reasonable. This is based on a review of the IGCE, and historical data received from contract which provides pricing information for the same service being requested. After a thorough review of these documents one can concluded that the prices paid for this service in the past are relatively comparable to what we will pay for them today, taking into account variations in estimated quantities due to an increased demand for testing. The CO will also conduct an in depth analysis of the market (using other various techniques) to ensure price reasonableness is achieved prior to contract award.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Market research concluded that NeoGenomics is the only area laboratory able to provide all the testing required in the performance work statement, provide a technical only component, and provide a web based software that allows the pathologists to create their interpretation in the contractor software and download finalized results.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

The Pathology Laboratory’s requirement to test and treat patients for potential cancerous conditions can only be met by a company that offers the full extensive list of testing services and provides consistent and reliable turn around times of lab results. The ability to provide a technical only component allows the VA to utilize the expertise of our pathologists to interpret the results while providing a cost savings. Furthermore, the interpretations created within the contractor provided web based software creates a concise easy to read report that is easily downloaded and incorporated into the VHA record.

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

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: