JA MUHA Lab Testing Final.pdf

Effective Date: 02/01/2022 Page 1 of 2

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C247AP4536

1. Contracting Activity: Department of Veterans Affairs, VISN 7, Ralph H. Johnson Veteran's

Administration Medical Center, 109 Bee Street, Charleston, SC 29401. Transaction number

534-23-1-025-0014.

2. Nature and/or Description of the Action Being Processed: This is a request for other than full and open competition for the procurement of selected and/or emergency diagnostic clinical laboratory procedures, for the Ralph H. Johnson Veteran's Administration Medical Center, Charleston, SC, from the Medical University Hospital Authority of South Carolina.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This contract provides for tests not available at the Ralph H. Johnson V AMC or other local facilities. Test results are of an urgent nature, and/or specimen stability is not viable for transportation to distant laboratories. STAT specimens for select procedures require results within 24 (or less) and include, but are not limited to, Mycobacteria smears, clotting factor assays, immunoperoxidase stains, and therapeutic drug levels. Courier service is available from MUSC to expedite testing services. Period of Performance: 01 Oct 2022 - 30 Sep 2023. Total contract price, $581,972.50

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement.

Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency

Requirements

( ) Unusual and Compelling Urgency

( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services

( ) International Agreement

( ) Authorized or Required by Statute

( ) National Security

( ) Public Interest

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 requested laboratory testing services are not available from any other local institutions and sending samples to a distant laboratory is unacceptable due to the compromise in specimens and the limitation of turnaround times on test reports. As an example, Mycobacteria and factor assays are considered critical labs and require 24 hours (or less) turnaround time. Sending these tests to other facilities would result in unacceptable delays in fulfilling the agency's requirements. No other lab can provide courier service with a turnaround time of 24 hours or less from specimen pick up until test results are reported as required by the SOW.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A an intent to sole source was posted 23 Jun 2022. No responses were received.

Effective Date: 02/01/2022 Page 2 of 2

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The listed test procedure prices were compared to another reference laboratory and found to be comparable. Also, pricing for the VA Medical Center is based on MUHA's current patient list price minus a 50% discount as indicated in the current price quote.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: MUHA was contacted and it was determined that they can continue to provide the required service. MUHA has been providing this service for several years and is an affiliate of MUSC, allowing MUHA numerous resources and specialties to assist with diagnosis of difficult laboratory cases.

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

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

Kolic, Incumbent Contractor

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:

Other sources/entities will be considered as they become locally available and substantiate to the

Ralph H. Johnson V AMC that the required testing services can be performed within the indicated time frames required for proper patient care.

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.

Robert Haynes, MT(ASCP)

COR, Pathology and Laboratory Medicine (113)

Ralph H Johnson V AMC

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.

Jason Compton

Contracting Officer, NCO7

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Millicent Ball

Branch Chief, NCO7 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx