JOFOC - BIOSCRIP.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

DIALYSIS TREATMENT

Pursuant to the Federal Acquisition Regulation (FAR) Subpart 6.302-1 and the Bureau of Prisons Acquisition Policy (BPAP) Part 6.304(b), the Federal Bureau of Prisons (BOP) has determined that the procurement of infusion services for the Federal Medical Center (FMC), hereinafter referred to as FMC Lexington located in Lexington, KY, meets the criteria established for other than full and open competition and meets the criteria established for justification for other than full and open competition. It is further determined that only one responsible source and no other suppliers will satisfy agency requirements. This limitation on competition is justified as supported by the following information:

1. Agency:

Department of Justice Federal Bureau of Prisons Federal Medical Center 3301 Leestown Rd.

Lexington, KY 40511

2. Nature and/or Description of Action being Approved:

This action is for the acquisition of infusion services for the inmate population at the FMC Lexington located in Lexington KY. The procurement of these services are from the sole provider in the area willing to accept the inmate population and registered in

SAM.

3. Description of Supplies or Services Required to Meet the Agency Needs:

As part of the mission of FMC Lexington, infusion services are provided to the inmate population, as needed. The immediate availability of infusion treatment is critical to the orderly operation FMC Lexington and the continuity of care for the inmates. The estimated total cost for the service is $275.00 per treatment, for a total cost of $25,300.00. Due to the medical mission of FMC Lexington, this requirement can change at any given time and it not required on a regular basis.

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

41 U.S.C. 253(c)(1), Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Determination that Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited:

The requested services are only temporary in nature and will not be required on a permanent basis. The institution has a responsibility to provide necessary medical care to inmates incarcerated at this facility. Failure to procure the necessary services could result in neglect of the inmate’s needs, as well as, substantial liability risk to the government. This vendor is currently the only vendor in the local area to accept inmates for these types of services and the only vendor that has proper registration to complete an order.

6. Efforts Made to Solicit from as Many Sources as Practicable Including Whether or Not a Notice Was or Will be Publicized as Required by FAR Part 5.2:

Market research included reviewing the Federal Supply Schedules listed on GSA Advantage Online and surveying the area for similar items. Only one source was available to supply the type of services required to meet the needs of the institution.

Delay of this procurement would result in serious injury, financial, or other, to the Government if the agency complies with the time periods specified in FAR 5.203.

Therefore, due to the nature of this procurement action, a synopsis notice was not required.

7. Contracting Officer’s Determination that the Cost to the Government Will be Fair and Reasonable:

The estimated cost for the services is $25,300.00. Prices have been analyzed by the

Contracting Office with the assistance of the Health Services Administrator in order to determine the price is fair and reasonable based on review of prices available for similar service in the area. Therefore, pursuant to FAR 15.404-1(b)(2)(ii), prices for these services are deemed fair and reasonable. The Contracting Officer will monitor pricing to ensure that it continues to satisfy this determination. This service is the considered the best value for the government.

8. Description of the Market Survey Conducted:

A search for potential providers included the utilization of the GSA Advantage website, general internet search and communications with the vendor. There are limited dialysis centers in the area to perform these services.

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

Not applicable. Please refer to section 5.

10. List of Sources, Expressing in Writing, Interest in the Acquisition:

There are no other sources available that would be able to provide the services required to meet the minimum needs of the government timely and willing to accept patients.

11. Actions Taken by the Agency to Remove or Overcome Barriers to Competitions:

The Bureau will continue to monitor the market trends for the industry to seek competition or sources that may be able to meet the minimum needs of the government and dialysis services. Should opportunities arise in the future the Bureau will take appropriate action to ensure these services are competed.

12. Contracting Officer’s Certification:

In accordance with FAR 6.303-2(12), I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. I further certify in accordance with BPAP 6.301, to the best of my knowledge and belief that this request is not the result of a lack of acquisition planning, or a desire to expend funds while those funds are still available.

Submitted by:

11/23/2020 Victor Crump, SCS Date FMC Lexington