P03 Sole Source Justification 36C24E-23-AP-0035 - University of Iowa Core Services signed.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C24E-23-AP-0035

1. Contracting Activity:

Department of Veterans Affairs Regional Procurement Office (RPO) – East 1010 Delafield Road. Bldg. 32, Suite 1A111 Pittsburgh, PA 15212

Requesting Activity:

Department of Veterans Affairs VA Iowa City Health Care System Research Office 601 Highway 6 West Iowa City, IA 52246-2209

2237: 636-23-2-4663-0027

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

The Iowa City Health Care System intends to negotiate on a sole source basis a new firm fixed price Indefinity Delivery Indefinite Quantity (IDIQ) contract with the University of Iowa Cores, its primary academic affiliate, to support the US Department of Veterans Affairs’ (VA) research office.

Investigators and supporting staff need access to various University of Iowa Cores for services to aid in on-going research studies. The University of Iowa is the only vendor that can provide the services required as the only Association for Assessment and Accreditation of Laboratory Animal Care, International (AAALAC) accredited facility in Iowa City other than the VA. In addition, the CORE facilities are located within University of Iowa space that is shared with jointly appointed Investigators. Having access to supplies on an as needed basis is essential.

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

The University of Iowa CORES include animal care per-diem, imaging services, use of laser-based instruments, supplies ranging from general lab supplies, common reagents, various kits, use of microscopy equipment and other research supplies/services as described in the statement of work.

The estimated amount for these supplies/services is $4,900,000.00 for a five-year IDIQ contract. The period of performance is from: 04/01/2023 through 03/31/2028.

The pricing for each item or service used is published on the University website for each Core Facility. This pricing will be included in the IDIQ contract. Task orders will be placed against the IDIQ contract as services are required.

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;

( ) (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

36C24E-23-AP-0035 University of Iowa Core Facility Services

(X) (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):

The University of Iowa CORES provides highly specialized expertise and services and maintains highly specialized equipment that the investigators need to utilize daily for their on-going research and data analysis. A Large portion of the requirement is for laboratory animal care. Per VA Policy any facility used for this reason must be an Association for Assessment and Accreditation of Laboratory Animal Care, International (AAALAC) accredited facility. The University of Iowa is the only accredited facility in Iowa City other than the Iowa City VAHCS and one of nine locations in the state of Iowa.

The next nearest location in Iowa is 116 miles away and is not feasible for daily usage. Due to the precise expertise required by the VA, proximity, and existing affiliate relationship, they are the only vendor practical, without experiencing substantial duplication in costs or delays to VA research.

Furthermore, since the University of Iowa is an academic affiliate, the VA is authorized to procure these services pursuant to 38 U.S.C. 8153 described below in number 6.

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

FAR 6.302(a)(2)(i) states, Full and open competition need not be provided when a statue expressly authorized or requires that the acquisition be made through another agency or from a specified source. In accordance with 38 U.S.C. 8153 (a)(3)(A): “If the healthcare resource required is a commercial service, the use of medical equipment or space, or research, and is to be acquired from an institution affiliated with the Department in accordance with section 7302 of this title, including medical practice groups and other entities associated with affiliated institutions, blood banks, organ banks, or research centers, the Secretary may make arrangements for acquisition of the resource without regard to any law or regulation (including any Executive order, circular, or other administrative policy) that would otherwise require the use of competitive procedure for acquiring the resource."

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

The University of Iowa is a not-for- profit organization affiliated with the VA. Previous contracts have demonstrated that the anticipated cost to the government will be fair and reasonable. The established pricing is published within the University website for each Core Facility and the VA will pay the same rates as University of Iowa staff, students, and any other approved user of the facilities. The Contracting Officer anticipates the price noted in #3 above to be fair and reasonable; however, price negotiations may be conducted if the CO determines this is necessary.

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

A search was conducted in the VA’s VIP database using NAICS code 621511, PSC code AN11, and keywords University Research, which resulted in 0 SDVOSB’s and no VOSB available to meet this requirement. A search was also conducted in the Small Business Administration Dynamic Small Business Search (SBA DSBS) using NAICS code 621511 with keywords CORE Services, which resulted in no small businesses available for this requirement.

This is a collaborative research effort with the affiliated practice group the University of Iowa, no other vendors can be considered. These services involve the University of Iowa’s unique CORE Services aid the Private investigators at the Iowa City VA Health Care System with on-going research and data analysis. The University of Iowa is a key partner in collaborative research have various specialized equipment and services required by the investigators to analyze data for on-going research projects. The services range from general lab supplies, common reagents, kits, use of microscopy equipment, imaging services, use of laser-based instruments, housing and care of animals, and other research supplies/services as described in the statement of work. The University of Iowa CORE services are a critical part of the investigators research studies.

38 U.S.C. 8153 allows for sole source awards related to research with VA academic affiliates. In this case, University of Iowa is the primary academic affiliate of the City of Iowa VA Health Care System and has several CORE groups that tie in with the University’s specific areas of expertise.

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

The mission of the VA is to discover knowledge and create innovation that advances health care for our Veterans and the nation. VHA is the country’s largest integrated health care system and as such, it embraces close ties to its academic affiliates by partnering on common research interests and leveraging resources. The Iowa VA Healthcare System and the University of Iowa are one of many examples of this strategic academic affiliate partnership recognized by the Secretary of the VA.

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

The University of Iowa 105 Jessup Hall Iowa City, IA 52242-1316

Tyler Brodell - dsp-contracts@uiowa.edu.

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:

None, there are no other potential sources that can meet the specified requirement due to the highly specialized research services required for this procurement.

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.

Todd Yahnke Date

COR

Iowa City VA Health Care System

TODD

YAHNKE

Digitally signed by

TODD YAHNKE

Date: 2023.02.21 09:49:49 -06'00' 02/21/2023

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.

Ann Marie Stewart Date Contracting Officer Regional Procurement Office-East R&D

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.

Seth Custer Date Division Chief Regional Procurement Office - East

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.

Joseph P. Maletta Date Executive Director Regional Procurement Office - East VHA Head of Contracting Activity (HCA)

02/21/2023

VHALEBCUSTES

Typewritten Text 2/22/2023