FBODaily.com | FedBizOpps: FILE | Q | MUHA laboratory testing service for patient specimens that are urgent/emergent, and/or have limited viability, and not performed at the Ralph H. Johnson VA Medical, Charleston, SC - Justification and Approval (J&A)

FBO DAILY - FEDBIZOPPS ISSUE OF APRIL 02, 2016 FBO #5244
DOCUMENT

Q -- MUHA laboratory testing service for patient specimens that are urgent/emergent, and/or have limited viability, and not performed at the Ralph H. Johnson VA Medical, Charleston, SC - Justification and Approval (J&A)

Notice Date: 3/31/2016
Notice Type: Justification and Approval (J&A)
NAICS: 622110 — General Medical and Surgical Hospitals
Contracting Office: Contracting Officer (90C);Department of Veterans Affairs;Ralph H. Johnson VA Medical Center;109 Bee Street;Charleston SC 29403-5799
ZIP Code: 29403-5799
Solicitation Number: VA24716N0451
Archive Date: 7/9/2016
Point of Contact: Janica Francis-Hunter
E-Mail Address: ment
Small Business Set-Aside: N/A
Award Number: VA247-16-N-0457
Award Date: 4/1/2016
Description: DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Other Than Full and Open Competition 1.Contracting Activity: The U.S. Department of Veterans Affairs (VA), VISN 7, Ralph H. Johnson Veteran's Administration Medical Center, 109 Bee Street, Charleston, SC 29401 is submitting this " Justification and Approval For Other Than Full and Open Competition" for laboratory testing services for patient specimens that are urgent/emergent, and/or have limited viability, and not performed at the Ralph H. Johnson VA Medical, Charleston, SC. Testing includes, but is not limited to, Mycobacteria Stains, Immunoperoxidase Stains, Therapeutic Drugs, and Clotting Factor assays. Turnaround time for STAT/emergent testing is 24 hours, or less, as indicated for patient care. 2.Nature and/or Description of the Action Being Processed: The Ralph H Johnson VAMC requires a new bridge contract of six (6) months duration to provide laboratory testing services for patient specimens that are urgent/emergent, and/or have limited viability, and not performed at the Ralph H. Johnson VAMC. This action is to establish a bridge contract to continue for laboratory testing service for patient specimens that are urgent/emergent, and/or have limited viability, and not performed at the Ralph H. Johnson VA Medical, Charleston, SC. The period of performance for the bridge contract is six (6) months and shall include a provision for one additional six (6) month option period. The base year of the bridge contract shall be effective on 1 April 2016 until September 30, 2016. The period of performance for the additional six (6) month option period shall begin October 1, 2016 until March 31, 2017. The additional six (6) month shall be exercise in the event that the Government is unable to award a firm fixed price contract. FAR13.5 Test Program: This procurement is for the laboratory testing services in accordance with FAR 13.5 Test Program for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. 3.Description of Supplies/Services Required to Meet the Agency's Needs: The six (6) month bridge contract shall provide laboratory testing service for patient specimens that are urgent/emergent, and/or have limited viability, and not performed at the Ralph H. Johnson VAMC. Testing includes, but is not limited to, Mycobacteria Stains, Immunoperoxidase Stains, Therapeutic Drugs, and Clotting Factor assays. Turnaround time for STAT/emergent testing is 24 hours, or less, as indicated for patient care. The contractor shall perform accurate laboratory testing; provide test results within acceptable time frames for the testing specified; finalized laboratory results/reports are faxed to the P&LMS administrative office; hard copies of reports are also delivered to the P&LMS administrative office; courier service to pick up laboratory specimens Monday - Friday, twice a day, at approximately 09:00 am and approximately 16:00 pm; and courier service for laboratory specimen's pick up for nights and weekends. The contracting laboratory must be available to accept specimens seven (7) days a week, and must have testing services available 24 hours a day, for those tests that can be ordered with STAT urgency. 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 FAR 6.302-1; (X) (2) Unusual and Compelling Urgency per FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3; ( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5; ( ) (6) National Security per FAR 6.302-6; ( ) (7) Public Interest per FAR 6.302-7; b. Unusual and Compelling Urgency (FAR 6.302-2, 6.303-2(a)(9)(ii)) -The current contract VA247-12-D-0050/VA247-15-J-1429 was awarded to Medical University Hospital Authority to provide laboratory testing services for patient specimens that are urgent/emergent, and/or have limited viability, and not performed at the Ralph H. Johnson VAMC from April 1, 2015 through March 31, 2016. The interim contract is only for a reasonable period of time to allow for full and open competition to solicit and award a firm fixed price contract. The period of time is reasonable in order to address the unusual and compelling circumstances which gave rise to the OTFOC. As a requirement related to the health and welfare of our service members, veterans, their dependents and survivors; services must continue for the receipt of laboratory testing service for patient specimens that are urgent/emergent, and/or have limited viability, and not performed at the Ralph H. Johnson without interruption. Given the emergent need for this procurement based on the expiration of the current contract, this procurement is recommended for a sole source awarded as Unusual and Compelling Urgency as prescribed in the FAR 6.302-2. 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 Medical University Hospital Authority has demonstrated the unique qualifications as indicated under contract VA247-12-D-0050/VA247-15-J-1429. Laboratory Services, a division of Clinical Services, provides Medical University Hospital Authority with laboratory services for inpatient, outpatient and outreach areas. The Division also serves as the testing site for the State of South Carolina's organ transplant agency. Organ transplants that are offered by the Medical University Hospital Authority include: kidney, pancreas, liver, and heart, bone marrow, intestinal and cornea. Inpatient laboratory services are offered on a 24 hour basis in the following sections: Fast Flow Laboratory and Transfusion Services. Sections which are staffed on a routine schedule include: Diagnostic Microbiology, Cytogenetics, Molecular Pathology, Special Hematology, Surgical Pathology, Cytopathology, Autopsy Pathology, Special Chemistry, Referral Testing, Outreach and Courier Services (for off campus locations) and HLA. These laboratories, excluding Microbiology and Outreach and Courier Services, provide on-call services for off-shifts. The Fast Flow Laboratory covers stat testing procedures such as cerebrospinal fluid gram staining for off-shift Microbiology samples. The Medical University Hospital Authority provides tests not available at the Ralph H. Johnson VAMC or other local facilities. Test results are of an urgent nature, and/or specimen stability is not viable for transportation to distant laboratories. STAT specimens for select procedures require results within 24 (or less) and include, but are not limited to, Mycobacteria smears, clotting factor assays, immunoperoxidase stains, and therapeutic drug levels. The Medical University Hospital Authority offers 24/7 courier service to expedite testing services and they are located 0.4 miles from the Ralph H Johnson VAMC, and the operate 24 hours a day. The Medical University Hospital Authority performs accurate laboratory testing; provides test results within acceptable time frames for the testing specified; finalizes laboratory results/reports are faxed to the P&LMS administrative office; delivers hard copies of reports to the P&LMS administrative office; provides courier service to pick up laboratory specimens Monday - Friday from 08:00 am to 05:00 pm along with courier service for laboratory specimen's pick up for nights and weekends. The Medical University Hospital Authority laboratory accepts specimens seven (7) days a week, and offer testing services available 24 hours a day, for tests that can be ordered with STAT urgency. The requested laboratory testing services are not available from any other local institutions and sending samples to a distant laboratory is unacceptable due to the compromise in specimens and the limitation of turnaround times on test reports. As an example, Mycobacteria and factor assays are considered critical labs and require 24 hours (or less) turnaround time. Sending these tests to other facilities would result in unacceptable delays in fulfilling the agency's requirements. 6.Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Prior solicitation results for this service at this Medical Center have shown that there were interested vendors. However review of each interested vendor revealed that none could provide 24/7 courier service, nor could provide the indicated test procedure results within an acceptable time frame, and in consideration of limited specimen viability. This contract will serve as a bridge to ensure the required laboratory testing for patient specimens that are urgent/emergent, and/or have limited viability continue to be delivered to the Ralph H Johnson VAMC while a long term contract is being pursued. A standalone contract award will be made to Medical University Hospital Authority, the incumbent contractor, who has demonstrated excellent performance since April 1, 2015. 7.Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The Government anticipates the total estimated cost of bridge contract to be $206,532; $103,266 for the base period and $103,266 for the additional six (6) month option period. Based on acquisition history, it is the Contracting Officer's determination that this anticipated price to be fair and reasonable. The listed test procedure prices were compared to another reference laboratory and found to be comparable. Additionally, pricing for the Ralph H Johnson VA Medical Center is based on the Medical University Hospital Authority's current patient list price minus a 50% discount as indicated in the current price quote. 8.Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted by the Contracting Officer Representative for Laboratory Service. It was determined that the previous Request for Information (RFI) issued in 2012 indicated that there were interested vendors. However careful review of each interested vendor revealed that none could provide 24/7 courier service, nor provide the indicated test procedure results within an acceptable time frame, and in consideration of limited specimen viability. Due to constant change in the market for laboratory testing providers, it is believed that there are interested vendors who will be able to meet this requirement. 9.Any Other Facts Supporting the Use of Other than Full and Open Competition: The OGC District Contracting National Practice Group Attorney provided the following information in support of interim contracts on a sole source basis to the incumbent along with following case: "Interim contracts on a sole source basis to the incumbent are routine in the event protests and case law supports such actions ILO of override (see attached case law). Specifically, the court has held: To be sure, this court has encouraged and approved bridge contract awards as an alternative to a formal override where the bridge contract merely maintains the status quo during the pendency of the protest. See, e.g., Nortel Gov't Solutions, Inc. v. United States, 84 Fed.Cl. 243, 250, 252 (2008) (holding that agency override decision was arbitrary and capricious, in part, because "the bridge contracts provide[d] a reasonable alternative"); Access Sys. Inc. v. United States, 84 Fed.Cl. at 243 (holding that award of bridge contract was not a de facto override because "the bridge contract [did] not disturb the status quo"); Keeton Corrections, Inc. v. United States, Inc., 59 Fed.Cl. 753, 757-59 (2004) (holding that agency override decision lacked a rational basis where the agency could have continued awarding short-term, sole-source contracts to the incumbent contractor)." 10.Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Medical University Hospital Authority is the incumbent and has stated they are interested in continuing to provide this service. 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: Request for Information (RFI) has been posted to FedBizOpp seeking interested vendors who can satisfy this requirements. However, given the emergent need for this procurement based on the expiration of the current contract and to prevent the interruption in service that would be life threatening; a sole source standalone contract will be awarded to the Medical University Hospital Authority as Unusual and Compelling Urgency as prescribed in the FAR 6.302-2. This six (6) month bridge contract and the additional six (6) month option period shall not exceed the total estimated cost of $206,532. 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.
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/VA/ChaVAMC/VAMCCO80220/VA24716N0451/listing.html)
Document(s): Justification and Approval (J&A); File Name: VA247-16-N-0451 VA247-16-N-0451.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2646810&FileName=VA247-16-N-0451-000.docx); Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2646810&FileName=VA247-16-N-0451-000.docx; Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
Record: SN04069381-W 20160402/160331235416-a6d7f03300dbc27fdb90c10558ab6a94 (fbodaily.com)
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Q -- MUHA laboratory testing service for patient specimens that are urgent/emergent, and/or have limited viability, and not performed at the Ralph H. Johnson VA Medical, Charleston, SC - Justification and Approval (J&A)