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FBO DAILY - FEDBIZOPPS ISSUE OF JANUARY 30, 2016 FBO #5181
DOCUMENT

99 -- 120-DAY INTERIM RADIOPHARMACEUTICAL CONTRACT - Justification and Approval (J&A)

Notice Date

1/28/2016
 

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

1/16/2016
 

Point of Contact

jrhullvamc@gmail.com
 

E-Mail Address

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

Small Business Set-Aside

N/A
 

Award Number

VA248-16-P-0750
 

Award Date

1/1/2016
 

Description

DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>$150K) Acquisition Plan Action ID: VA248-16-AP-3577 1.Contracting Activity: Department of Veterans Affairs, VISN 8, West Palm Beach Medical Center Network Contracting Office 8, Service Area Office-East Purchase Request: 548-16-2-229-0016 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, VA248-16-C-0032, was awarded 12/23/2015 with an effective date of 01/01/2016. The agency received notification of Post-Award Protest B-412053.2 filed by East Coast Nuclear Pharmacy on 12/31/15. East Coast Nuclear Pharmacy also filed GAO Pre-Award Protest B-412053 on 9/8/2015, which GAO dismissed. To avoid a potential interruption in deliveries of radiopharmaceuticals to the West Palm Beach VAMC, as the agency awaits another decision from GAO, this sole source, interim contract shall be with the incumbent, MEDI-PHYSICS, INC., 101 CARNEGIE CTR STE 100, PRINCETON, NJ 08540 --- for an approximate period of 120 days, effective 01/01/2016 - 04/30/2016 to include one 120 day option period, if required. 3.Description of Supplies/Services Required to Meet the Agency's Needs: Radiopharmaceuticals are needed in the critical treatment of approximately 25 veteran and veteran beneficiary patients per day. Without the delivery of these essential materials, these 25 patients, per day, are at greater risk of injury or death. Radiopharmaceuticals are used in diagnostic procedures such as PET CT scans, GI Bleed scans, cardiac stress tests, bone scans, thyroid scans, octreotide scans, and for the diagnosis and staging of cancer. Without radiopharmaceuticals, providers would be unable to effectively diagnose and treat a multitude of diseases. Because of the criticality of need for patient care, radiopharmaceuticals need to continue to be provided under contract to this hospital. Other than a potential economic (profit/loss) benefit to East Coast Nuclear Pharmacy, there is no harm to them in pursing these materials via MEDI-PHYSICS, INC. until this protest is adjudicated. 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. The total dollar amount obligated under the 120 day interim contract base period is $202,108.94. This action has one 120 day option period, if required, priced at $202,108.94. Total contract value is not-to-exceed $404,217.88. The effective period of performance shall be 01/01/16 - 04/30/16 plus one 120 day option period, if required, to run 05/01/2016 - 08/29/2016. 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. 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 newly awarded contract is under Post-Award GAO Protest B-412053.2, for which a decision is due 04/01/2016. The need for the use of Unusual and Compelling Urgency was created as a result of a GAO Post-Award Protest being filed on 12/31/2015, with performance under the new contract effective 01/01/2016. 6.Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: N/A - The solicitation was properly posted and generated as many potential sources as deemed practicable. However, Post-Award Protest B-412053.2 was filed with GAO. After careful review of the protest grounds, the Agency has temporarily stayed performance on contract VA248-16-C-0032 and seeks to establish a 120 day, sole source, interim contract with the incumbent, MEDI-PHYSICS, INC., which will enable the Agency to continue to provide uninterrupted critical veteran care while GAO rules on the related protest. 7.Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable The Contracting Officer requested a quote from the incumbent contractor for a 120 day, sole source interim contract to allow time to allow GAO to rule on Post-Award Protest B-412053.2. Pricing is the same as that of the newly awarded contract, which has already been determined to be 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: N/A - No further market research was required as solicitation VA248-15-R-1322 demonstrated the existence of at least 3 contractors who were capable of meeting Agency needs. 9.Any Other Facts Supporting the Use of Other than Full and Open Competition: 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. 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). While other contractors exist who can provide radiopharmaceuticals, none are able to do so -- immediately - without an interruption to the provision of critical patient care. Therefore, issuing a 120 day, sole source interim contract to the incumbent will allow the Agency to await the GAO's decision on Post-Award Protest B-412053.2 and still maintain its current standard of patient care. 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. Medi-Physics, Inc. 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: N/A - As performance under long-term contract VA248-16-C-0032 is currently being stayed while the agency awaits GAO's decision regarding the protest. Therefore, the immediate need for a sole source, interim contract to avoid an interruption in the agency's requirements for radiopharmaceuticals, is urgent and compelling and precludes the use of open competition presently. However, the contract under protest was fully and openly competed. 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/notices/09dce6ab099ba59ac1d515bd3ba25e6e)
 

Document(s)

Justification and Approval (J&A)
 

File Name: VA248-16-P-0750 VA248-16-P-0750_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2531116&FileName=-7150.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2531116&FileName=-7150.docx

 

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

Record

SN04003201-W 20160130/160128234124-09dce6ab099ba59ac1d515bd3ba25e6e (fbodaily.com)
 

Source

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

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