P03 PM_P03 Part808.405-6_Atch2_Limiting_Sources_Justification_OVER_SAT ELP COVID 19 test emergency.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C257-20-AP-2298- COVID 19 Emergency

JA Tracker Number: 2020-04-17T07:45:23

(1) Contracting Activity: Department of Veterans Affairs, VISN 17, El Paso VA Health Care System, 2237 number 756-20-3-880-0064.

(2) Description of Action: This subject requirement is for COVID 19 reference laboratory testing for the El Paso VA Health Care System. This action is to be awarded as a firm-fixed-price task order against WSNC BPA VA260-17-A-0035.

Order against: WSNC BPA Number: VA260-17-A-0035

Name of Proposed Contractor: Quest Diagnostics

Street Address: 500 Plaza Dr

City, State, Zip: Secaucus, NJ 07094

Phone: 915-491-6130

(3) Description of Supplies or Services:

The estimated value of the proposed action is $ 331,200.00

The El Paso Veteran Affairs Health Care System (El Paso VAHCS) Pathology & Laboratory Medicine Service requires support from Quest Diagnostics for the testing of COVID 19 on as needed basis. This is an emergency procurement whereby Quest Diagnostics shall provide, in accordance with all applicable federal, state and local regulations, laws, and ordinances, and in accordance with the specifications outlined for accreditation certification if applicable, COVID 19 testing to the El Paso VAHCS in accordance with the Statement of Work. Quest Diagnostics shall provide services to include the performance of analytical testing as defined by the Laboratory’s test manual, the reporting of analytical test results, and consultative services as required to assimilate the full scope of its laboratory operations to El Paso VAHCS.

VHAPM Part 808.405-6 Limiting Sources Page 2 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

Quest Diagnostics is currently providing COVID 19 testing and El Paso VAHCS currently utilizes Quest for all its external reference laboratory testing. Accordingly, Quest Diagnostics can provide the services described in Section 3 above without the Veteran’s Health Administration experiencing unacceptable delays in fulfilling its COVID 19 testing requirements. As such, adverse patient outcomes would be avoidable. Additionally, continuity of services is key because El Paso VAHCS would not be able to conduct any reference laboratory testing without completing a turnover from one reference laboratory to another. The estimated timeframe of transitioning from one reference laboratory to another would take 6 to 18 months to complete resulting in unacceptable delays in performance, especially given the anticipated increase in needed laboratory services amid the current COVID 19 World-Wide Pandemic.

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: In accordance with FAR 8.404(d) Pricing. Supplies offered on the schedule are listed at fixed prices. Services offered on the schedule are priced either at hourly rates, or at a fixed price for performance of

VHAPM Part 808.405-6 Limiting Sources Page 3 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020 a specific task. GSA has already determined the prices of supplies and fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable.

Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d). By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost (considering price, special features, administrative costs, etc.) to meet the Government's needs. Although GSA has already negotiated fair and reasonable pricing, ordering activities may seek additional discounts before placing an order.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

No market research was conducted as this is an emergency COVID 19 testing requirement.

(7) Any Other Facts Supporting the Justification:

Quest Diagnostics is currently providing COVID 19 testing services and Quest Diagnostics is being utilized by the El Paso VAHCS for other reference lab tests as described in Section 3 above. It is recommended to procure through Quest Diagnostics to avoid the El Paso VAHCS from experiencing unacceptable delays in fulfilling its COVID 19 testing requirements. As such, adverse patient outcomes would be avoidable.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made:

This requirement is an emergency COVID 19 testing. In future, competitive RFQs will be issued to cover all reference laboratory testing to include COVID 19 tests.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

SIGNATURE DATE

VHAPM Part 808.405-6 Limiting Sources Page 4 of 4 Original Date: 08/30/2017 Revision 02 Eff Date: 02/21/2020

Aldo Coronado TITLE SERVICE LINE/SECTION

FACILITY

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

CONTRACTING OFFICER DATE

Ronalda Ohio NCO 17

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K):

I certify the justification meets requirements for other than full and open competition.

SIGNATURE DATE

Mark Branum Branch Chief, NCO 17 https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx