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FBO DAILY ISSUE OF MAY 06, 2011 FBO #3450
DOCUMENT

Q -- Nuclear Medicine Imaging Proficiency Testing Program - Justification and Approval (J&A)

Notice Date

5/4/2011
 

Notice Type

Justification and Approval (J&A)
 

NAICS

621512 — Diagnostic Imaging Centers
 

Contracting Office

Department of Veterans Affairs;VA Central Office;Cntr. for Acquisition Innovation (049A3);810 Vermont Avenue, NW;Washington DC 20420
 

ZIP Code

20420
 

Solicitation Number

VA10111RP0015
 

Archive Date

5/9/2011
 

Point of Contact

Derrick Riddle
 

E-Mail Address

6-1276<br
 

Small Business Set-Aside

N/A
 

Award Number

VA101(049A3)-P-0458
 

Award Date

4/29/2011
 

Description

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION IN ACCORDANCE WITH FAR 6.303-1 (1) AGENCY AND CONTRACTING ACTIVITY: U. S. Department of Veterans Affairs Center Acquisition Innovation (CAI-DC) 1776 I Street NW Washington, DC 20420 (2) NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED: A sole source requirement for the Department of Veterans Affairs with the Society of Nuclear Medicine (SNM) for a Nuclear Medicine Imaging Proficiency Testing Program. (3) A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY'S NEED: The nature of the action is to meet the requirements of the Clinical Laboratory Act (CLIA) of 1989. The Department of Veterans Affairs (VA) has had an ongoing relationship with the SNM as a sole source vendor of a nuclear medicine imaging proficiency testing program. The imaging proficiency program is employed throughout VA's imaging entities and those external medical facilities that provide nuclear imaging services to VA patients via bona fide agreements. For this program, imaging proficiency is assessed by means of an "imaging phantom." A phantom may be defined as a specially designed simulator that is imaged to evaluate and analyze the performance of a nuclear medicine imaging device. The phantom used to evaluate a nuclear medicine imaging device should appear similar to human tissues and organ. The purpose of the program is to evaluate the adequacy of the technologic capability of the gamma cameras employed, the skill of the technical staff performing the imaging procedure and the expertise of the physician who interprets the nuclear scan and renders an impression. The period of performance will consist of a base period of twelve (12) months and four (4) twelve (12) month option periods. (4)IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION: FAR 6.302-1 -- Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. (41 U.S.C. 253 (c)(1) -- The VA's minimum needs can only be satisfied by unique supplies and services available from only one source (5)A DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES THE USE OF THE AUTHORITY CITED. The specific service that limit the availability to a sole source. There are companies that manufacture and sale phantoms but only SNM provides the reading, interpretation of results and tracking that is necessary to meet the requirements. The Society for Nuclear Medicine (SNM) is the professional association for Nuclear Medicine physicians and technologists. These unique services are only available through the SNM. The SNM performs same services to private facilities including other medical facilities and medical teaching facilities. They have 25 years experience in Nuclear Medicine proficiency testing methods (phantoms) and the administration of CME for physicians. A review of phantom-producing companies offer phantoms for equipment only, these companies do not provide acceptance testing, no continuing medical education (CME) offered, no practitioner QA evaluation. SNM provides written results of imaging performance by nuclear medicine laboratory to each participating and written results of physician-specific performance to each participating nuclear physician. An overall report "Subscriber Performance Review" providing both detailed facility results and summary information will be sent to National Headquarters, Office of the Program Director, Nuclear Medicine and Radiation Safety Service, Diagnostic Services, Patient Care Services. This will include a comparison (if applicable) of the VA's results with the private sector facilities that participated in the particular exercise. (6) A DESCRIPTION OF EFFORTS MADE TO ENSURE OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED IN FEDBIZOPPS AS REQUIRED BY FAR Subpart 5.2, AND IF NOT, WHICH EXCEPTION UNDER FAR 5.202 APPLIES. A review of companies that manufacturer phantoms lead to the determination that these phantom manufacturers do not provide a nuclear medicine imaging proficiency testing program. The SNM is the only known company through VA's Nuclear Medicine Program who can provide such services. SNM is the only known company who also provides these same services to other medical facilities and teaching facilities. J&A will be posted to FBO after award. (7) DESCRIBE WHY YOU BELIEVE THE ANTICIPATED COST WILL BE FAIR AND REASONABLE TO AID THE CONTRACTING OFFICER IN MAKING THIS DETERMINATION: This determination will be based on a comparison of the vendor's proposed price to the Independent Government Cost Estimate (IGCE), market research, and appropriate price analysis techniques. The Contracting Officer also reviewed the prior pricing structure for the same services offered in previous contracts to SNM for the same services. The pricing for the Phantom can be compared to published price lists for similar items and the pricing for services can be compared to commercial price lists for testing and/or quality assurance rates. Based on the market research, IGCE and price analysis, the Contracting Officer anticipates the cost of this procurement to be fair and reasonable. (8) A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESARCH WAS NOT CONDUCTED: The first RFI (#VA24410RI0356) was conducted by VHA on 8-20-2010. Responses were due 8-30-2010. No responses were received. This information was posted on FedBizOpps. The RFI remained posted 30 days after the response date. On 8/20/2010, the second RFI (#VA24410RI0357) was posted on FedBizOpps for the purpose of identifying potential qualified contractors. Responses were due August 30, 2010. We received interest from the following vendors: DCS, INPUT, and Data Dynamics. Each of the contractors did not fully demonstrate qualifications for the requirement. The company INPUT was only interested in tracking opportunities. The RFI remained posted 30 days after the response date. No additional responses received. The VACO contracting office requested capability statements from the vendors. Capability statements were due on 11/15/2010. Capability statements were reviewed. None qualified. To confirm whether or not this is a sole source requirement, market research (see attached Market Research) was conducted by the contract specialist. Four phantom-producing companies were reviewed. They were Universal Medical Incorporated, Supertech X-ray (WOSB), Pacific Northwest X-ray, Inc. and Society of Nuclear Medicine (SNM). SNM was the only company that fully satisfied the requirement. Neither of the remaining companies could offer continuing medical education (CME) nor quality assurance (QA) medical evaluation. Past performance was also lacking. On 12/9/2010, this requirement changed to a sole source procurement with the incumbent SNM. On 12/29/2010, the VACO contracting office posted a notice of intent to award a sole source contract to SNM. The notice was posted under Sources Sought Notice number VA-101-11-RP-0015. Responses were due 1/5/2011. One inquiry received, but no solicitation requested. The notice was posted on FedBizOpps and remained posted 30 days after the response date. No capability statements were received. The market research revealed that while other sources may have the general technical capabilities to perform similar type of work, only SNM as the incumbent has the technical knowledge, qualifications, experience and past performance necessary to satisfy VA's aforementioned requirements. In particular, the companies lacked continuing medical education (CME) and practitioner quality assurance (QA) evaluation. An internet search of Nuclear Medicine Imaging Testing companies also resulted in only one source, the Society of Nuclear Medicine. (9)ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION: Since 2004, the incumbent Society of Nuclear Medicine has been fully performing VHA required services in an outstanding manner. The program management office (PMO) proposes to enter into another sole source contract with the incumbent Society of Nuclear Medicine (SNM) for the mandated Imaging Proficiency Testing program. Furthermore, SNM prices are fair and reasonable and well below the current market rate based on the market research for companies capable of offering similar but less phantom medical services. The Contracting Officer, based on information from Central Contractor Registration Data, Online Representations and Certifications Application and Excluded Parties List System, has determined that Society of Nuclear Medicine meets the standards for responsibility in accordance with FAR 9.1. The anticipated performance period will be a base period of twelve (12) months with four (4) twelve (12) month option periods from the date of award. (10) A LISTING OF SOURCES, IF ANY, THAT EXPRESSED IN WRITING, AN INTEREST IN THE ACQUISITION. Sigma-K Corporation expressed interest for future solicitations. (11)A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED. Due to the nature of this procurement action, no future competitive plans are contemplated. (12) Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief. _____________________________________ ________________________ Debra Crouch Date Program Manager (13) Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on the Independent Government Cost Estimate and price analysis. _____________________________________ ________________________ Kelly Lynch Date Contracting Officer (14) Legal Sufficiency Certification: (for actions greater than $650K) I have reviewed the foregoing justification and approval and deem it legally sufficient. 0 Approval/0 Disapproval _____________________________________ ________________________ Legal Counsel Date Approval (15) Contracting Activity Competition Advocate: (for actions greater than $650K but not exceeding $11.5M) I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Since this Justification and Approval does not exceed $11.5M, this review serves as approval. 0 Approval/0 Disapproval _____________________________________ ________________________ Iris B. Cooper Date Associate Deputy Assistant Secretary for Acquisition
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/VAAOAS/VADC/VA10111RP0015/listing.html)
 

Document(s)

Justification and Approval (J&A)
 

File Name: VA101(049A3)-P-0458 VA101(049A3)-P-0458_2 JFOC.doc (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=197421&FileName=VA101(049A3)-P-0458-007.doc)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=197421&FileName=VA101(049A3)-P-0458-007.doc

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN02440356-W 20110506/110504235723-74c27d6a07187a676ba793491470a70d (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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