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FBO DAILY - FEDBIZOPPS ISSUE OF OCTOBER 30, 2015 FBO #5089
DOCUMENT

99 -- 3 Month Interim Radiopharmaceutical Contract - Justification and Approval (J&A)

Notice Date

10/28/2015
 

Notice Type

Justification and Approval (J&A)
 

NAICS

325412 — Pharmaceutical Preparation Manufacturing
 

Contracting Office

Department of Veterans Affairs;West Palm Beach VA Medical Center;7305 North Military Trail;Palm Beach Gardens FL 33410-6400
 

ZIP Code

33410-6400
 

Archive Date

10/31/2015
 

Point of Contact

john.hull3@va.gov
 

E-Mail Address

John.Hull3@va.gov
(John.Hull3@va.gov)
 

Small Business Set-Aside

N/A
 

Award Number

VA248-16-P-0014
 

Award Date

10/1/2015
 

Description

DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>$150K) Acquisition Plan Action ID:VA248-15-AP-13169 1.Contracting Activity: Department of Veterans Affairs, VISN 8, West Palm Beach Medical Center Network Contracting Office 8, Service Area Office-East Purchase Request: 548-16-1-229-0004 2.Nature and/or Description of the Action Being Processed: Subpart 13.5-Simplified Procedures for Certain Commercial Items: This procurement is for an interim, sole source, fixed-price, requirements contract for Radiopharmaceuticals 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. The current contract expires 9/30/2015 and the existing solicitation was protested 9/8/2015 and was due to close 9/9/2015. To avoid a potential break in services caused by trying to transition another contractor to take over current operations, this interim contract shall be with the incumbent, Cardinal Health 414 LLC, 7000 Cardinal Place, Dublin, Ohio 43017 --- for a 3 month period to allow for a long-term contract to be re-solicited, competed, and awarded. 3.Description of Supplies/Services Required to Meet the Agency's Needs: The Department of Veterans Affairs requires radiopharmaceuticals for the West Palm Beach VA Medical Center's Nuclear Medicine Service. Nuclear Medicine has an ongoing need for exams requiring radiopharmaceuticals, as well as for therapeutic procedures. The veterans' exams are based upon the needs and orders of referring physicians, and all Nuclear Medicine exams require the injection or ingestion of a radiopharmaceutical. Contractor provides daily routine deliveries as well as emergent deliveries. Routine weekday (M-F) delivery times; West Palm Beach VAMC, between 6:00 am and 6:30 am for 1st delivery Monday through Friday and between 9:00 am and 9:30 am (2nd daily delivery) and between 12:30 am and 1:00 pm (3rd delivery) and between 2:00 pm and 2:30 pm (4th delivery). Saturday and Sunday scheduled deliveries are between 7:00 am and 7:30 am and between 12:00 am and 12:30 am. Cut off for ordering is 45 minutes before delivery Monday through Friday and 4:30 am for first run and 8:15 am for second run on weekends. However, VA may require Emergency orders within one hour during business hours and two hours after hours of receiving the order by phone or electronic order (web ordering). Contractor provides emergency orders placed during regular work hours (Monday through Friday 6:00 am to 4:30 pm) within 60 minutes after receipt of phoned or faxed orders from the West Palm Beach VAMC. Contractor provides nuclear medicine laboratory information management software and hardware, with HL7 capabilities that shall be compatible with the facility's data storage/back-up devices i.e. SQL server. The computerized record system for nuclear medicine information includes database conversion services to migrate and manage legacy data and provide clinical applications for remote use with on-line and on-site customer training. Considering all of this, it is estimated that transitioning to a new contractor is estimated to take up to 60 days. Therefore, an interim contract with the incumbent is required to avoid a potential break in services as a long-term contract is worked on. The total estimated value for the 3 month interim contract is approximately $423,529.27. The effective period of performance shall be 10/1/15 - 12/31/15 to allow for a long-term, competitively awarded contract to be put in place. 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; 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 Contracting Officer is contemplating an award under the authority cited in FAR 6.302-2 based upon the fact that these radiopharmaceuticals are needed regularly and are essential for healthcare delivery and mission performance. It could take up to 60 days to transition to a new contractor and such an interruption of and/or delay in the continued supply of these essential radiopharmaceuticals to the patients requiring their use, could potentially pose a serious injury to the Government should veteran care be adversely impacted as the existing contract expires 9/30/15, as well as the protest filed on 9/8/15 delayed the ultimate award of a timely action. The need for the use of Unusual and Compelling Urgency was created as a result of corrective action in response to the GAO protest. 6.Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Solicitation VA248-15-R-1322 was issued on a competitive basis and subsequently protested under GAO file number B-412053. After careful review of the protest grounds and the procurement file, the Agency elected to take action to correct the solicitation. These changes to the solicitation will better reflect the Agency's requirement while facilitating maximum competition among potential offerors. Awarding the 3 month interim contract to the incumbent will enable the Agency to continue to support critical veteran care while implementing the corrective actions necessary to further full and open competition. 7.Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable The Contracting Officer requested an quote from the incumbent contractor for a 3 month, sole source, interim contract to allow time to re-solicit for a long-term contract. Pricing has been compared to current pricing and has been determined to be equal to what is being paid currently and is therefore, both fair and reasonable. 8.Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research demonstrates the existence of at least 3 contractors who may be capable of meeting Agency needs. Market research documentation is on file. 9.Any Other Facts Supporting the Use of Other than Full and Open Competition: While other contractors exist who can provide radiopharmaceuticals, none are able to do so -- immediately - without a break in services. Therefore, issuing a 3 month interim sole source contract to the incumbent will allow the Agency to support critical veteran care while implementing the corrective actions necessary to further full and open competition. 10.Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: East Coast Nuclear Pharmacy Caring Hands Health Equipment & Supplies, LLC. TrillaMed, LLC. GE Healthcare Cardinal Health IBA Molecular 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: A long-term contract is currently being processed and this interim action is strictly for the continued delivery of radiopharmaceuticals while the long-term contract is being put into place. 12.Requirements Certification: 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/notices/b4f92c4f3be69c4f80b52f1b7bdfbb96)
 

Document(s)

Justification and Approval (J&A)
 

File Name: VA248-16-P-0014 VA248-16-P-0014_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2393139&FileName=-6756.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2393139&FileName=-6756.docx

 

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

Record

SN03931709-W 20151030/151028233933-b4f92c4f3be69c4f80b52f1b7bdfbb96 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
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