P03 - Sole Source Justification 36C24E-23-AP-0444 Neuroscience Facility Support - BOSTON.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-0444

1. Contracting Activity:

Department of Veterans Affairs Regional Procurement Office-East R&D 1010 Delafield Road. Bldg. 32, Suite 1A111 Pittsburgh, PA 15212

Requesting Activity:

Department of Veterans Affairs VA Boston Healthcare System Research and Development Office (ORD) 150 South Huntington Avenue Boston, MA 02130-4817

2237 Number: 523-23-3-7176-0417

2. Nature and/or Description of the Action Being Processed: The VA Boston Health Care System intends to negotiate on a sole source basis a new firm fixed price Indefinity Delivery Requirements Contract with Boston University, its primary academic affiliate, to support the US Department of Veterans Affairs’ (VA) research office.

Support for Neuroimaging Research for Veterans (NeRVe) Center is required through the Boston University School of Medicine, Graduate Medical Sciences personnel to operate complex neuroscience equipment, data acquisition, data analysis, conduct neuroscience training, provide neuroscience guidance/expertise, and assistance to investigators as needed through remote and onsite support.

The NeRVe Center has expanded its capabilities and equipment to provide imaging, analysis, and training support for researchers and clinicians working with or in affiliation to the VA Boston Healthcare System.

The expansion of the NeRVe Center’s capabilities is directly associated with the twenty thousand square foot Neuroscience Building and the inclusion of a variety of high-tech equipment, Moreover, this state-of-the-art Neuroscience Building provides the opportunity for Research and Development to leverage the use of these scientific systems through an expanded Neuroscience training program in conjunction with the Boston University School of Medicine, Division of Graduate Medical Sciences.

The NeRVe Center has a small cadre of staff and NeRVe Principal Investigators, which doesn’t provide the depth and breadth of expertise and skills needed to provide support necessary for both clinical and research investigators to fully utilize the tremendous capabilities and opportunities provided through the Boston Healthcare System Neuroscience Building. Support provided by Boston University will enable the full range of capabilities for the Neuroscience Building to be leveraged by the VA Boston Healthcare System. The

36C24E-23-AP-0444 Boston University Neuroscience Facility Support

Neuroscience Building is a “one of a kind” neuroscience research capability within the Veterans Administration.

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

The following services are required to meet the VA Boston healthcare System research needs:

o Provide expertise needed to operate and maintain the scientific capability for data acquisition from the Prisma MRI Scanner, TMS, and EEG systems in the Boston Healthcare Neuroscience Building.

o Provide expertise to take raw data acquired by the Prisma MRI Scanner, TMS, and EEG systems to be analyzed through the High-Performance Compute Cluster and Local Analytical Workstations in support of Principal Investigators in support of Pilot/Study data using the most appropriate statistical applications/formulas.

o Provide expertise needed to apply analyzed data from the Neuroscience Building systems to develop journal articles and papers in support of investigators grant submissions/furthering scientific knowledge.

o Provide expertise needed to expand neuroscience training throughout the Boston Metropolitan Area.

o Provide expertise to assist the senior staff in the Neuroscience Building to maintain continuity of operations and help to identify system management strategies, architectural assessments, system tools, and software for the administration of production systems.

o Provides technical assistance and consultation for the NeRVe Center Management Team, Principal Investigators, researchers, and technical staff on the use of the use of high-performance computing platforms.

The estimated amount for these services is $821,025.00 for a five-year Indefinite Delivery Requirements Contract. The period of performance is from: 07/01/2023 through 06/30/2028.

This total price for five (5) years includes:

Salary Per Year (3 contractors at $40,000): $120,000 Fringe Per Year (8.6%): $10,320 Administrative Costs Per Year (28.24%): $33,885 Total Annual Salary + Fringe + Admin Costs: $164,205 Total For 5 years: $821,025.00

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

(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 Boston University provides highly specialized expertise and maintains highly specialized equipment.

The VA investigators need to utilize this expertise for their on-going research and data analysis.

Neuroscience Service Support through BU is based upon the affiliate relationship between BU and the Boston Healthcare System to provide needed yearly Continuity of Support for the Neuroscience Facility through Boston University School of Medicine, Graduate Medical Sciences students augmentation for data acquisition, storage, analysis, journal publication, and neuroimaging training requirements. Scientific continuity of operations will be provided through remote and onsite support. 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 Boston University 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 Boston University 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 and the Contractor salaries will be compared to similar salaries located in the Boston area for research scientist. The VA will pay the same rates as Boston University 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 541690 PSC code AN11, and keyword ”Neuroscience”, which resulted in zero SDVOSB’s and zero 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 541690 with keywords “Neuroscience Research”, which resulted in no small businesses available to meet this requirement.

There are no other potential sources for the neuroscience research support to operate complex neuroscience equipment, data acquisition, data analysis, conduct neuroscience training offered by BU. Given the VA Boston Healthcare System Research and Development’s focus on neuroscience services and implementation research, BU is uniquely qualified due to its emphasis on, but not limited to expert support for data acquisition, storage, analysis, journal publication, and neuroimaging training requirements, all of which are a part of the neuroscience facilities for research. Boston University is an affiliated practice group with the VA Boston Healthcare System. with the Recommend sole source to Boston University. 38 U.S.C. 8153 allows for sole source awards related to research with VA academic affiliates. In this case, Boston University is the primary academic affiliate of the VA Boston Healthcare System and has several ongoing research projects that tie in with specific areas of expertise required for these studies.

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:

Boston University School of Medicine Department of Neurology 85 East Concord Street Ground Floor Boston, MA 02118-2526 Rachel Shea - Rachel.Shea@bmc.org or (617) 638-5349.

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.

John R. Brown Date Administrative Officer, R&D VA Boston Health Care System

JOHN

BROWN

Digitally signed by

JOHN BROWN

Date: 2023.06.08 11:16:14 -04'00' 06/08/2023

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, Acquisition Regional Procurement Office – East VHA Head of Contracting Activity (HCA)

06/08/2023

VHALEBCUSTES

Typewritten Text 6/9/2023