Justification and Approval - Part806.3 - Over SAT - 36C257-23-AP-0934 - Redacted.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) RPO-W JOFOC#: 2022-02-22T12:36:04 Attachment 7: Request for Sole Source Justification Format >SAT

Rev: 13 Effective Date: 02/01/22 Page 1 of 3

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C257-23-AP-0934

1. Agency: Department of Veterans Affairs (VA)

Contracting Activity: Network Contracting Office 17 (NCO-17) 5441 Babcock Rd., Ste. 302 San Antonio, TX 78240

Purchase Request Number: 671-23-2-121-0343

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

This procurement is for acquisition of SARS-CoV-2 (COVID-19) and Flu testing services for the South Texas Veterans Health Care System (STVHCS), Pathology & Laboratory Medicine Service (P&LMS).

NCO-17 intends to enter into a short-term sole source contract with Quest Diagnostics Incorporated for the requested services. The proposed contract will be a two-month bridge contract.

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

The STVHSC, P&LMS, requests a contractor perform COVID-19 and Flu (A&B) reverse transcription-polymerase chain reaction (RT-PCR) testing of veteran patients at a contractor’s facility within Bexar County, Texas. Contractor must have emergency use authorization (EUA) from the FDA for testing.

Contractor must provide test results within 48 hours turn-around time from the collection time, via a secure electronic transfer of data. Contractor must meet all Enterprise Cyber Security Infrastructure Project (ECSIP) requirements to establish an interconnection with the VA Vista and CPRS systems via an appropriate Laboratory Electronic Data Interchange Protocol.

Performance period: 1/1/2023 through 2/28/2023 Total estimated value: $REDACTED

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

( ) (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;

(X) (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;

( ) (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):

Effective Date: 02/01/22 Page 2 of 3

Quest Diagnostics Incorporated is currently performing the required services. Quest Diagnostics is currently using an established facility in Bexar County, Texas, for the performance of specimen collections for veteran patients. Quest Diagnostics is currently using an approved method for the exchange of electronic data for patient scheduling and providing test analysis of patient samples.

There is an insufficient amount of time remaining in the current contract for another contractor to start performance of the services without a lapse in services occurring.

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

A sources sought notice published on SAM Contracting Opportunities for the long-term requirement identified that two or more Service-Disabled Veteran-Owned Small Businesses (SDVOSB) appear capable of performing the requested services. Twenty businesses (9 small businesses, 7 large businesses, 2 SDVOSBs and 2 unknown businesses [not registered in SAM]) responded to the notice.

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

Reasonable:

The Contracting Officer has determined that the anticipated proposed prices will be fair and reasonable. The Contracting Officer will conduct price analysis by comparing the proposed prices to the prices in the current contract to determine prices fair and reasonable.

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

A search of the mandatory source for procurement of services, Ability One, revealed that they do not offer the requested services. A search of GSA Advantage revealed that there are 12 VA NAC contracts that offer microbiology laboratory services (category 621-209). A search of the Office of Small & Disadvantaged Business Utilization’s (OSDBU) Vendor Information Pages (VIP) with NAICS code 621511 revealed that there are 146 SDVOSB and VOSBs that utilize NAICS code 621511 as a capability. A search of VIP with NAICS code 621511 and keyword “CLIA” (required lab accreditation) produced four matches. A search in the Small Business Administration’s (SBA) Dynamic Small Business Search (DSBS) tool with NAICS code 621511 revealed that there are 1,916 small business vendors that utilize NAICS code 621511 as a capability. A search in the DSBS with NAICS code 621511 and keyword “CLIA” produced 37 matches. An internet search disclosed that commercial business CVS charges $129.00 for uninsured COVID-19 PCR testing services. Another internet search disclosed that commercial business Walgreens charges $128.99 for uninsured COVID-19 PCR testing services.

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

None

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

None

Effective Date: 02/01/22 Page 3 of 3

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:

Market research will be performed prior to any other subsequent procurement to see if there have been any changes in 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.

//SIGNED// 12/23/2022

REDACTED Date:

Laboratory Manager Pathology & Laboratory Medicine Service South Texas Veterans Health Care System

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.

//SIGNED// 12/23/2022

Contracting Officer

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.

//SIGNED// 12/27/2022

Branch Chief, Laboratory Support Team Network Contracting Office 17 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx