DOCUMENT
R -- Gulf War & Health, Vol 11 - Justification and Approval (J&A)
- Notice Date
- 10/21/2016
- Notice Type
- Justification and Approval (J&A)
- NAICS
- 541712
— Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology)
- Contracting Office
- Department of Veterans Affairs;Program Contracting Activity Central;6150 Oak Tree Blvd, Suite 300;Independence OH 44131
- ZIP Code
- 44131
- Solicitation Number
- VA77716R0197
- Archive Date
- 10/10/2016
- Point of Contact
- Wanakee.Strickland@va.gov
- E-Mail Address
-
Wanakee.Strickland@va.gov
(Wanakee.Strickland@va.gov)
- Small Business Set-Aside
- N/A
- Award Number
- VA701-16-C-0029
- Award Date
- 9/30/2016
- Description
- DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>$150K) Contracting Activity: Department of Veterans Affairs Veterans Health Administration Program Contracting Activity Central, STL (PCAC) POC: Wanakee Strickland, Contract Specialist 11152 South Town Square St. Louis, MO 63123 Transaction Number 101-16-4-3827-0036 Nature and/or Description of the Action Being Processed: Request approval of this Justification and Approval for a sole source requirement with National Academy of Science to provide advisory and assistance services to the Department of Veterans Affairs Office of Patient Care Services, Post Deployment Health. The proposed action is for a new cost reimbursement contract. The corporation may not receive compensation for services to the Government, but the actual expense of the investigation, examination, experimentation, and report shall be paid by the Government from an appropriation for that purpose. This statutory restriction on the Academy receiving any compensation has been interpreted by the Comptroller General of the United States as precluding the award of fixed-price agreements by Federal agencies or departments to the Academy. B-139,864, 69 Comp. Gen. 71 (1959). Description of Supplies/Services Required to Meet the Agency s Needs: The Post Deployment Health Services program office requires an ad hoc committee of the National Academies of Sciences, Engineering and Medicine (NASEM) to conduct a study to assess the current research available on possible generational health effects that may be the result of exposures experienced by Veterans of the 1990-1991 Gulf War during their deployments. The committee will consider which toxicants, including but not limited to burning oil wells, pesticides, nerve agents, prophylactic agents, depleted uranium, and vaccines, are known to be associated with cellular pathophysiological and reproductive, developmental, and teratogenic effects in parents, offspring, and second generation offspring. The committee will also assess areas requiring further scientific study on the descendants of Veterans with toxic exposures. Finally, the committee will further assess the scope and methodology required to conduct research on such descendants to identify current or possible health effects in the Veterans descendants, including but not limited to: Cellular pathophysiology studies associated with the long-term effects of the toxicants of concern (among these, the committee should consider studies in laboratory animals and other models); Multigenerational effects of the toxicants of concern in various animal species, if such effects have not already been well-established; The feasibility of conducting a long-term epidemiologic study to assess the generational health effects of Gulf War Veterans and the resources (technological, logistical) that would need to be available to support such research; Develop a framework for monitoring and studying generational health effects over time, including post-exposure assessments, initial screening of Veterans and their descendants, the frequency and duration of such screenings; Based upon a careful assessment of available laboratory technologies, establish a process for what is to be included in the screening including biomarkers and early symptoms; The number of Veterans and their descendants who should be part of such a study; and The appropriate federal agency(ies), e.g., the Department of Defense, the Department of Veterans Affairs, Department of Health and Human Services, or other organization(s) or collaborative that would be best suited to coordinate and/or conduct the research and screenings on an ongoing basis. 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; ( ) (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 (X) (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; Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): 36 U.S.C. § 150301 150304, FAR 6.302-5(c)(1)(B) Authorized or Required by Statute Additionally, Executive Order (E.O.) 12832 dated January 19, 1993, allows for a sole-source to NAS. Lastly, Congress passed Public Law (P.L.) 105-368 the Veterans Programs Enhancement Act as amended with (P.L.) 111-275 which extended the expiration date of (P.L.) 105-368 to October 1, 2018. Public Law 105-368 directed the Secretary of Veterans Affairs to enter into contract with the National Academy of Sciences (NAS) to review and evaluate the scientific and medical literature regarding associations between illness and exposure to toxic agents, environmental or wartime hazards, or preventive medicines or vaccines associated with Gulf War service. The National Academy of Sciences (NAS) is an honorific society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. As mandated in its Act of Incorporation, the NAS has, since 1863, served to "investigate, examine, experiment, and report upon any subject of science or art" whenever called upon to do so by any department of the government. Scientific issues would become even more contentious and complex in the years following the war. The Institute of Medicine (IOM) is the health policy arm of the National Academy of Sciences, which was created by a Congressional charter signed by President Abraham Lincoln in 1863 as a private honorary society dedicated to the furtherance of science and its use for the general welfare. The IOM was chartered in 1970 to enlist distinguished members of the appropriate professions in the examination of policy matters pertaining to the health of the public. Under the terms of this charter, the IOM is called upon to act as an official, yet independent, advisor to the federal government in matters of science. The IOM also acts at its own initiative to identify and examine significant issues of health care, research, and education to which to direct its attention. The IOM, like other Academy units, is uniquely situated to provide assessments in areas of science, health care and public policy. Studies are undertaken by distinguished individuals selected for their expertise and experience in the topic under study. To a degree unmatched elsewhere, the IOM can secure the participation of virtually any expert whom it invites to serve. At any given time, the IOM has some 80 expert groups with over 1.100 members examining a great range of problems. With rare exceptions, members serve without compensation. The IOM s Board on the Health of Select Populations (BSP) is concerned with understanding the health and needs of a broad range of select populations such as the military, persons with disabilities, the elderly, women, prisoners, and refugee populations. Additionally, BSP concerns itself with the health consequences of exposures to environmental contaminants in occupationally exposed groups. Not only does BSP put emphasis on environmental exposures, but also identifies risks to the health of select populations, identifies needs of those populations and considers environmental, behavior and medical solutions. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: No additional efforts were made to ensure that offers were solicited from other sources as FAR 6.302-5(c) (1) (B), 36 U.S.C. § 150301 150304 Authorized or Required by Statute, allows for sole source contract to NAS. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The total proposed cost for the multiyear contract IAW FAR 17.101 is $2,355,247. 00. Current year funding (FY16) will be used to procure the services. Period: September 30, 2016 to September 29, 2018 (24 months) In accordance with FAR 15.404-1(b) (2) (ii), the pricing will be determined fair and reasonable based upon comparison of proposed prices to historical prices paid for similar services and the IGCE. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The National Academy of Science is congressionally codified at 36 U.S.C. § 150301 150304, which provides that (o)n request of the United States Government, the (Academy) shall investigate, examine, experiment, and report on any subject of science and art. FAR 6.302-5(c)(1)(B) allows for a sole-source to NAS. Executive Order (E.O.) 12832 dated January 19, 1993 states When a department or agency of the executive branch of the Government determines that the Academy, because of its unique qualifications, is the only source that can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the department's or agency's program requirements, acquisition of services by the Academy may be obtained on a noncompetitive basis if otherwise in accordance with applicable law and regulations." FAR 6.302-5(c)(1)(B) Authorized or Required by Statute allows for a sole source to NAS. Based on this, no additional market research was conducted. Any Other Facts Supporting the Use of Other than Full and Open Competition: The National Academy of Sciences, National Academy of Engineering, and National Academy of Medicine work together as the National Academies of Sciences, Engineering, and Medicine ( the Academies ) to provide independent, objective analysis and advice to the nation and conduct other activities to solve complex problems and inform public policy decisions. The Academies also encourage education and research, recognize outstanding contributions to knowledge, and increase public understanding in matters of science, engineering, and medicine. The Academies aim is to help those in government and the private sector make informed health decisions by providing evidence upon which they can rely. Each year, more than 3,000 individuals volunteer their time, knowledge, and expertise to advance the nation s health through the work of the Academies. Many of the studies that the Academies undertake are requested by federal agencies and independent organizations; others begin as specific mandates from Congress. While our expert, consensus committees are vital to our advisory role, the Academies also convene a series of forums, roundtables, and standing committees, as well as other activities, to facilitate discussion, discovery, and critical, cross-disciplinary thinking. "The long established status of the National Academy of Sciences (Academy) as a noncompetitive source of scientific research and policy advice to the Government derives from its creation by Congress in 1863 (36 U.S.C. Sec. 253). This special status and relationship with the Government was reconfirmed by Executive Order (E.O.) 2859, May 11, 1918, as amended by E.O. 10668, May 10, 1956. The noncompetitive status of the Academy was most recently formally affirmed in E.O. 12832 on January 19, 1993. This order cites the special relationship of the Academy to Government and its unique capacity to marshal scientific expertise of the highest caliber in order to provide independent and objective science policy advice. Specifically, E.O. 12832 states that " When a department or agency of the executive branch of the Government determines that the Academy, because of its unique qualifications, is the only source that can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the department's or agency's program requirements, acquisition of services by the Academy may be obtained on a noncompetitive basis if otherwise in accordance with applicable law and regulations". Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: N/A 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: Due to the nature of this proposed procurement action, no future competitive plans are necessary or required. 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. _____________________________ ________________________ Ralph L. Erickson, MD, DPH. Date Chief Consultant VACO Contracting Officer or Designee s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ Linda Eley Date Contracting Officer Program Contracting Office East Director of Contracting /Designee: I certify the justification meets requirements for other than full and open competition. _____________________________ ________________________ Richard Dahmen Date Director of Contracting Program Contracting Activity Central (PCAC) VHA SAO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge/belief and approve for other than full and open competition. _____________________________ ________________________ Linda S. Greaves Date Acting Director, SAO Central Region SAO Central Head of Contracting (HCA)
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- Document(s)
- Justification and Approval (J&A)
- File Name: VA701-16-C-0029 VA701-16-C-0029_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3068794&FileName=VA701-16-C-0029-000.docx)
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- File Name: VA701-16-C-0029 VA701-16-C-0029_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=3068794&FileName=VA701-16-C-0029-000.docx)
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- SN04310054-W 20161023/161021233830-271b67399e074f8d3f3519c223056102 (fbodaily.com)
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