JA VA Depleted Uranium Program_Redacted.pdf

VHAPG Part 806.3 OFOC Page 1 of 5 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: _ 36C245-25-AP-2432_

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:__ 36C245-25-AP-2432

1. Contracting Activity: Department of Veterans Affairs, VISN 5, VA Maryland Healthcare

System, Baltimore Division, Purchase Request: 512-25-2-088-0112

2. Nature and/or Description of the Action Being Processed: Pursuant to Citations 41 U.S.C. 253(c)(1) the VA has a requirement which can only be reasonably met by a single supplier. Services at this time may be deemed to be available only from the original source in the case of a follow-on contract, when it is likely that award to another source would result in unacceptable delays in fulfilling the agency’s requirement and substantial duplication of cost to the Government that is not expected to be recovered through competition. Previous order number: 36C24522C0130

The University of Maryland Physicians, PA, a nonprofit and public organization, is supporting the VAMHCS in meeting its strict requirements for continuation of this service.

The government anticipates award of a fixed price Order for 12 months with 4 option years.

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

Award a sole source contract with the University of Maryland Physicians, PA, to continue to provide office space for the Depleted Uranium / Toxic Embedded Fragment Surveillance Center (DU/TEFSC).

The total estimated value of this acquisition is $490,074.91 Base Year $93,476.92 Option Year One $95,669.75 Option Year Two $97,937.16 Option Year Three $100,282.72 Option Year Four $102,708.72

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

VHAPG Part 806.3 OFOC Page 2 of 5

Acquisition ID#: _ 36C245-25-AP-2432_

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by 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):

Justification for Other Than Full and Open Competition

The University of Maryland Physicians, PA is the only contractor that can provide these services to the Baltimore Division of the VAMHCS DU/TEFSC for the following reasons:

The University of Maryland Physicians, PA has been providing these services since 2010 (and was prior to that provided by the University of Maryland since the mid-1990’s) and is the only vendor able to provide this space necessary to keep this patient care related program functional. Due to the unique nature of the VA DU/TEFSC, and the collaborative, contracted, affiliated university relationship with the University of Maryland, and their proximity to the VAMHCS, Baltimore, the University of Maryland Physicians, PA is the only vendor able to provide this space that will allow proper functionality of the programs in proper relation to the VAMHCS, Baltimore. The location for the VA DU/TEFSC requires office space for the permanent clinical and administrative staff, plus room for rotating clinical residents, visitors, patients, waiting area, reception area, private patient examination and treatment rooms, conference room, restroom facilities, and space for office equipment and large file cabinets. The clinical staff that occupies the space have dual responsibilities involving direct patient care between the VAMHCS and UMMC, and are required to maintain their offices within a short walking distance between both facilities. The space needs to have the facilities and convenient access to the Baltimore VAMHCS and UMMC to accommodate both activities. The current office location of meets all these criteria and is the only location capable of fulfilling these requirements. It is essential this location is maintained for the program.

It is essential to continue these services without interruption or disruption with the University of Maryland Physicians, PA in order to maintain the mission of this surveillance program. There is no other source for this space that could meet requirements. Any attempt to change to a different vendor would cause significant disruption to the programs to the extent of negatively impacting critical patient care and costing untold thousands of dollars.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

The VA’s Depleted Uranium Program and Toxic Embedded Fragment Surveillance Center is the only program of this type. Due to the unique requirements cited above, the University of Maryland Physicians, PA is the only vendor available for providing the space required. No other source is able to meet all of the program requirements, and no other sources could be considered.

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

Reasonable:

After conducting a thorough evaluation, it has been determined that the offered price is fair and reasonable. This conclusion is supported by a detailed analysis which includes the following factors:

VHAPG Part 806.3 OFOC Page 3 of 5

Acquisition ID#: _ 36C245-25-AP-2432_

Comparison to Government Estimate: The offered price is within the range of the government estimate, which was prepared based on current market conditions and historical pricing data. The government estimate itself was based on comprehensive market research, ensuring it reflects the expected cost for the specified work and materials.

Historical Pricing: The proposed price aligns closely with prices that have been considered fair and reasonable in previous procurements for similar goods/services. An examination of past contracts reveals that the current offer is consistent with prior pricing adjusted for inflation and any changes in market conditions.

These two key elements suggest that the vendor's proposed prices are competitive and in line with current market rates for similar types of procurements. Given these findings, the proposed price is hereby determined to be fair and reasonable.

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

Further market research was not conducted, aside from the efforts described above, as the University of Maryland Physicians, PA is the only source capable of providing the goods and services.

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

The Department of Veterans Affairs currently has a DOD–VA Deployment Health Working Group (DHWG) which was created as part of the DoD–VA Health Executive Council. The DHWG shares information and resources on deployment health surveillance, follow-up medical care, medical research, and health risk communication.

The VA expanded its Depleted Uranium Medical Follow-up Program to a Toxic Embedded Fragment Surveillance Center to conduct screening, biological monitoring, and clinical consultations on veterans with embedded fragments.

The University of Maryland at Baltimore in conjunction with the University of Maryland Physicians, PA supports the VA with surveillance of affected DU veterans and veterans with toxic embedded fragments.

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

None.

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:

No actions are planned because there are no vendors or institutions that are able to meet all requirements for service to the DU/TEFSC. The most significant barrier to fostering competition lies in the ability of an alternative source to develop the capacity to provide these

VHAPG Part 806.3 OFOC Page 4 of 5

Acquisition ID#: _ 36C245-25-AP-2432_ services due to the specific and unique character and longitudinal requirements of this work.

The DU/TEFSC will conduct surveys of the market prior to future procurements to determine whether such a potential alternative vendor has entered the marketplace.

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.

Amanda Del Rosario Date Program Analyst/Business Manager Baltimore VA Medical Center

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

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

Christopher R. Tate Date Contracting Officer Network Contracting Office 5

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.

James MacIntyre Date Branch Chief Network Contracting Office 5

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

6/30/25

AMANDA DEL

ROSARIO

Digitally signed by AMANDA

DEL ROSARIO

Date: 2025.06.30 08:07:38 -04'00'

6/30/25

6/30/25CHRISTOPHER

TATE

Digitally signed by

CHRISTOPHER TATE

Date: 2025.06.30 08:19:07 -04'00'

JAMES

MACINTYRE

Digitally signed by JAMES

MACINTYRE

Date: 2025.06.30 16:18:02 -04'00'

VHAPG Part 806.3 OFOC Page 5 of 5

Acquisition ID#: _ 36C245-25-AP-2432_

Name Date VHA Head of Contracting Activity (HCA)

d. VA Senior Procurement Executive Approval (over $75 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Name Date Executive Director Office of Acquisition and Logistics Senior Procurement Executive (SPE) Department of Veterans Affairs