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DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID:__36C250-20-AP-2648______ Contracting Activity: Department of... DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID:__36C250-20-AP-2648______ Contracting Activity: Department of Veterans Affairs, Network Contracting Office 10, procuring on behalf of the VA Ann Arbor Healthcare System, in Ann Arbor, Michigan under PR# 506-21-1-1030-0001. Nature and/or Description of the Action Being Processed: This sole source action is for a new firm-fixed price contract for comprehensive Autopsy and Whole Brain Dementia evaluation and Consultative Services. FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for full body Autopsy and Whole Brain Dementia evaluation and Consultative Services at The Regents of the Univeristy of Michigan, located in Ann Arbor, Michigan. This is in accordance with FAR 13.5 Simplified Procedures 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. Description of Supplies/Services Required to Meet the Agency’s Needs: The Contractor shall provide comprehensive autopsy services at contractor’s facility, along with whole brain dementia evaluation and consultation services, transportation and storage of bodies for VA Ann Arbor Healthcare System (VAAAHS) in Ann Arbor, Michigan. This due to the VA’s incapabability of providing the expertise involved in a whole Brain Dementia Evaluation on-site. Additionally, a construction project will have the Morgue shut down temporarily at the VA Ann Arbor Healthcare System. After construction is complete, the VA will utilize the University of Michigan’s autopsy services on an emergency need basis. The value of this acquisition inclusive of all options is $280,000.00. The period of performance will be October 1, 2020 through September 30, 2021 with four (4), one year options. Schedule of Services Base Year CLIN Description Quantity Unit Unit Price Extended Price 0001 Full autopsy with a brain review 14 Each $3,000.00 $42,000.00 0002 Full autopsy with dementia workup 2 Each $5,000.00 $10,000.00 0003 Brain only autopsy 1 Each $2,000.00 $ 2,000.00 0004 Storage and transportation of bodies or brain 14 Each $ 142.86 $ 2,000.00 Option Year 1 CLIN Description Quantity Unit Unit Price Extended Price 1001 Full autopsy with a brain review 14 Each $3,000.00 $42,000.00 1002 Full autopsy with dementia workup 2 Each $5,000.00 $10,000.00 1003 Brain only autopsy 1 Each $2,000.00 $ 2,000.00 1004 Storage and transportation of bodies or brain 14 Each $ 142.86 $ 2,000.00 Option Year 2 CLIN Description Quantity Unit Unit Price Extended Price 2001 Full autopsy with a brain review 14 Each $3,000.00 $42,000.00 2002 Full autopsy with dementia workup 2 Each $5,000.00 $10,000.00 2003 Brain only autopsy 1 Each $2,000.00 $ 2,000.00 2004 Storage and transportation of bodies or brain 14 Each $ 142.86 $ 2,000.00 Option Year 3 CLIN Description Quantity Unit Unit Price Extended Price 3001 Full autopsy with a brain review 14 Each $3,000.00 $42,000.00 3002 Full autopsy with dementia workup 2 Each $5,000.00 $10,000.00 3003 Brain only autopsy 1 Each $2,000.00 $ 2,000.00 3004 Storage and transportation of bodies or brain 14 Each $ 142.86 $ 2,000.00 Option Year 4 CLIN Description Quantity Unit Unit Price Extended Price 4001 Full autopsy with a brain review 14 Each $3,000.00 $42,000.00 4002 Full autopsy with dementia workup 2 Each $5,000.00 $10,000.00 4003 Brain only autopsy 1 Each $2,000.00 $ 2,000.00 4004 Storage and transportation of bodies or brain 14 Each $ 142.86 $ 2,000.00 Total Price for Base and all Options: $280,000.00 Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-1. (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; FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2). Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The VA Ann Arbor Healthcare System requires the use of the University of Michigan’s Mortuary services, during the temporary shut down and construction of the VA’s morgue. Additionally, the VA does not have the staffing or capability of providing whole brain dementia evaluations. The University of Michigan, Department of Pathology and Neuropathology is highly specialized in difficult neurological diagnosis. The University of Michigan can provide Brain gross examination, description, dissection, sampling, processing, microtomy and special studies at their morgue. Additionally, these services can be provided by the University of Michigan on an emergency/scheduled and/or on-call basis, 24 hours per day, 7 days a week, and 365 days a year. The geographical location of the University of Michigan, allows them to keep the deceased specimens preserved, to quickly and thoroughly evaluate the presence and extent of human disease in patients. The University of Michigan is closely aligned with the VA’s complex diagnostic intricacies. They are the only facility within a 20 mile radius willing and capable of providing the expertise required for dissection; whether a full autopsy or brain only, and the coordination of paperwork required by the VA and Michigan Medicine in compliance with all applicable laws and/or regulations. The University of Michigan is staffed with two full-time Autopsy Assistants and two “on-call” Autopsy Assistants. Accordingly, the University of Michigan is the only firm capable of providing the supplies and services described in Section III above without the Veteran’s Health Administration experiencing unacceptable delays in fulfilling the agency’s requirements. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Sources Sought Notice 36C25020Q0583 was published via Federal Contracting Opportunites on May 8, 2020. The notice sought responsible sources for Autopsy and Whole Brain Evaluation/ Consultation Services for eligible beneficiaries of the Department of Veterans Affairs, at the VA Ann Arbor Healthcare System in Ann Arbor, Michigan. A copy of the performance work statement (PWS) was attached to the sources sought notice. The noticed closed on May 15, 2020 with zero responses received. It was this survey of the market place that confirms our assumptions regarding the capability of industry to meet the VA’s needs. During a meeting with the VA Pathology department in March 2020, the University of Michigan expressed interest in providing these services. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The awarded cost for these services is determined to be fair and reasonable based on the following: [see FAR 13.106-3 (a)(2)(i)] Market Research showed the Oakland County Medical Examiner’s full body autopsy cost can range from $2,000 or more. The College of Medicine Tucson (Pathology) show full body autopsy cost of $2,100 and with Brain inclusion, there is an additional $1,200 added to the cost. [see FAR 13.106.3 (a)(2)(vi)], the pricing is in-line with the government’s Independent Government Cost Estimate. Other than certified cost and pricing data will be utilized if required. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research indicated that no other facilities within a 20 mile radius of the VA Ann Arbor Healthcare system can provide Autopsy and Whole Brain Evaluation/ Consultation Services. St. Joseph Mercy Autopsy/Histology department was contacted in March 2020 and they could not perform the Autopsy and Whole Brain Evaluation/ Consultation Services. A search of GSA, VIP and Google were performed. GSA and VIP (vetbiz) yielded zero (0) results. Google research showed the Oakland County Medical Examiner’s cost for a full body autopsy ranges from $2,000 or more. The College of Medicine Tucson (Pathology) show full body autopsy cost of $2,100 and with Brain inclusion, there is an additional $1,200 added to the cost. Any Other Facts Supporting the Use of Other than Full and Open Competition: Similar services were procured under Contract Number VA251-16-D-0003 for Autopsy Assistance Services under full and open competition in May 2015. During that time, the University of Michigan was the only vendor that submitted a quote for these services. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The only source that expressed interest in the acquisition was the University of Michigan, located in Ann Arbor, MI. 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: No action can be taken to remove barriers to competition; there is no available competition at this time. However, the government will continue to perform strategic market research during contract performance and tactical market research during any future procurement to identify any additional sources for these services. 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. _____________________________ ________________________ Dr. Stephen Chensue Date Chief of Pathology and Lab Services VA Ann Arbor Healthcare System Approvals: Contracting Officer: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ Michelle C. Ford Date Contracting Officer Network Contracting Office 10 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. _____________________________ ________________________ Alexander Daniel Date Branch Chief, Healthcare Resources Teaam Network Contracting Office 10