P03 SSJ OVER_SAT RI Hospital Muscle Nerve bx and Dermpath v3 11-23-20 - redacted.pdf

OFOC SOP Revision 09 Page 1 of 3 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: Planning UID: VA-21-00010038; Contractiong: 36C241-21-AP-0178

1. Contracting Activity: Department of Veterans Affairs, VISN 1, VA Manchester Medical Center

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

Other than full and open competition as authorized by statute is being requested for Rhode Island Hospital – Affiliate, because the required services are available only from them as the supplier with unique capabilities to satisfy Providence VA needs. This Contractor has been providing services in the past via a yearly PO# and previous contract VA241-16-D-0007.

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

The services requested and required are consultative services for muscle & nerve biopsies to include associated services needed to complete the consultation to support VA Providence, December 1, 2020 through November 30, 2021 (base period of performance).

Estimated yearly expense- $52,000.00 Estimated cost of contract (base & 4 years) - $260,000.000

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

(X) (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 ( ) (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 Anatomic Pathology Consultative services, mainly muscle & nerve biopsies and dermatopathology, must be received immediately after biopsy to preserve the integrity of the specimen. Rhode Island Hospital is one of the academic medical centers associated with Brown University, the Academic Affiliate to the Providence VA Pathology Department and is located in close proximity to the Providence VA. Electron Microscopy is needed on many of these specimens which is not offered by the primary reference lab, Quest Diagnostics.

OFOC SOP Revision 09 Page 2 of 3

Revision 09 Date: 04/17/2020

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

Because Rhode Island Hospital is one of the academic centers associated with Brown University, an academic affiliate of the Providence VA, other offers were not solicited. They have provided this service for many years in the past via a yearly PO# and most recently a 5 yr contract # VA241-16-D- 0007.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The IGCE includes price comparison from CMS and MGH.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted Specimen integrity must be maintained and this testing requires the specimen be examined and tested immediately. Therefore service needs to be provided locally. Our primary reference lab, Quest , does not perform all of the required testing, and is not in close enough proximity for the specimen to be viable for examination and testing upon receipt in their laboratory which presents a patient safety issue since this specimen type cannot be recollected. The Providence VA has been using services from Rhode Island Hospital for over 10 years with no quality issues and therefore no reason to jeopardize patient care by changing testing laboratories.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Rhode Island Hospital is one of the academic medical centers associated with Brown University, the Academic Affiliate to the Providence VA Pathology Department. They have pathologists that are experts in muscle & nerve pathology and dermatopathology. This benefits the Veterans we serve by providing the highest quality of laboratory testing.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None.

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:

Currently there is no action planned to change the competition for this service. It is based on the specimen requirements and integrity for a valued consultation and the proximity of Rhode Island Hospital to the Providence VA.

A long term agreement (base plus 4 years) is being requested. This agreement will ensure that services will be provided to the Providence VA without interruption of service or care to our

OFOC SOP Revision 09 Page 3 of 3

Revision 09 Date: 04/17/2020 veterans. The VA has a quality control system of evaluating services provided. If at any time the service provided by this Contractor does not meet the needs or standards of the VA, then the Contracting Officer will be notified.

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.

Name Janet Lane Date 11-23-20 Title NCL Program Director Facility VISN 1, Brockton VAMC

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.

Name Julie Lemire Date Title Contracting Officer Facility Manchester VAMC

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Name Linda Ward Date NCO1 Branch Chief – Supply Team 1

Facility Manchester VACM http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx