Q301--614-20-4-9943-0024 - Emergency Employee COVID Testing

DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C249-20-AP-3062 1. Contracting Activity: : Department of Veterans Affairs, Network Contracting Office (NCO) 9, Justification for Other than Full and Open Competition to provide employee COVID19 Testing Service for the Memphis VAMC. The Network Contracting Office (NCO) 9 is responsible for the proposed contracting action. The identifying purchase request is 614-20-4-9943-0024. 2. Nature and/or Description of the Action Being Processed: The emergency acquisition of COVID19 testing service in support of the response to the COVID-19 epidemic. IAW President Donald J. Trump's Emergency Declaration of 13 March 2020 issued under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (41 U.S.C 5121, et seq.) this acquisition will utilize the flexibilities found in the FAR and enacted by the aforementioned declaration. Estimated value: $437,190. 3. Description of Supplies/Services Required to Meet the Agency's Needs: The Memphis VAMC has an emergent requirement for employee COVID19 testing. These tests are essential to patient and staff safety. The harm to staff and patients from further delays caused by seeking competition justify the need to make a sole source award to UT Medical, Group, Inc. IAW FAR 13.106-l(b). 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)(l) as implemented by FAR 6.302-1; · (X) (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 ( ) (S) Authorized or Required by Statute per 41 USC §3304(a)(S) 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): This requirement is deemed an emergent requirement under FAR 6.302-2. The contractor is an affiliate to the Memphis VAMC and has been verified that they can provide employee COVID19 Testing with results in a 24-hour period. The contractor can also provide on-site testing service to prevent employees from leaving work to get tested. The need for tests is critical for the medical staff to remain safe and healthy while treating patients infected with the COVID-19 virus. The rapid distribution of this OFOC SOP Revision 09 Original Date: 03/22/11 Revision 09 Date: 04/17/2020 Page 1 of 3 critical component of COVID-19 testing is needed as the number of infected cases continues to grow. 6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This requirement has been deemed an emergent requirement per FAR 6.302-2. This requirement was submitted with an emergent level of priority. The requirement is for COVID-19 testing used for medical staff and patient protection in the treatment of COVID-19 . _. i _fected patients. The need to order this testing service and have the testing done at the facility for immediate use limits the CO from seeking sources other than UT Medical Group. 7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: A comparison of COVID-19 testing service between the selected vendor and a comparable testing service was used to determine if the offered pricing is fair and reasonable. UT Medical Group, Inc. pricing and the comparable testing prices are within the same pricing parameters. Based on this comparison and taking into other extenuation factors such as availability and market demand, the price of the testing service through UT Medical Group, Inc. are determined to be fair and reasonable and the best value to the government. This is a Firm Fixed Price contract and there is no cost-price analysis required. 8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: There was limited market research conducted for this requirement due to the immediate need for this testing. It was a result of this factor and the continuing spread of this virus that the market research was limited to only a VIP search. 9. Any Other Facts Supporting the Use of Other than Full and Open Competition Listing of Sources that Expressed, in Writing. an Interest in the Acquisition: This requirement is in response to the nationwide COVID-19 Pandemic. The extreme surge of patients infected with this virus requires the acquisition of this testing in the most immediate manner possible to protect the medical staff treating patients. Listed Source UT Medical Group, Inc. 1407 Union Ave, Suite 700 Memphis, TN 38104 10. 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: Once the dissolution of the COVID-19 state of emergency occurs, The Department of Veterans Affairs will be able to seek vendors capable of providing this testing service to the full extent as required by the FAR and VAAR. However, at the present time, based on available market research, seeking competition would potentially cause grave harm to the VA and the Veterans in its care and the front-line defenders under its employ. OFOC SOP Revision 09 Original Date: 03/22/11 Revision 09 Date: 04/17/2020 Page 2 of 3