Description
DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Other Than Full and Open Competition Identification Number: Purchase Request 646-14-4-4472-0127 1. Contracting Activity: VA Pittsburgh Healthcare System Contracting Office (90C-A) 1010 Delafield Road Pittsburgh, Pa. 15215 2. Nature and/or Description of the Action Being Processed: The Office of Research Service, Human Engineering Research Laboratories (HERL), is requesting approval to establish a sole source contract with the Veterans Affairs Pittsburgh Healthcare System's Affiliate, the University of Pittsburgh, for research and development services. This request is pursuant to FAR Subpart 6.302-5 Authorized or required by statute. The statute which authorizes this request is 38 U.S.C. 8153 (research with affiliates). The anticipated contract will be a firm fixed service contract for a base period of one (1) year. The period of performance will be September 15, 2014 - September 14, 2015. 3. Description of Supplies/Services Required to Meet the Agency's Needs: The anticipated contract is to acquire specialized research and development engineering and clinical services through the department of Rehabilitation Science and Technology that will include individuals who all have a background and/or experience in research fields related to Rehabilitation Engineering and/or Assistive Technology, including but not limited to working with/in wheelchairs, prosthetics, and in clinical rehabilitation settings. Research associates need to have a degree in a rehabilitation-related field such as Rehabilitation Science/Engineering, Kinesiology, Biomechanics, Biomedical Engineering, Electrical or Electronics Engineering, Mechanical Engineering, Physical or Occupational Therapy, Biology, or Medicine that has allowed them to participate in research related activities. The individuals will need to have a working knowledge of human research activities such as protocol development (including programming/prototype design/clinical activity development); institutional review board (IRB) requirements and processing; subject recruitment; data collection, management and analysis. Additionally they will need to have experience with research publications, presentation, posters and dissemination of research findings in both academic and community areas. Research assistants must be enrolled in a program leading to a degree in an engineering related field to include mechanical, biomedical, or computer engineering. Additional areas of expertise that may be required are biomaterial applications and electrical design related to assistive technology; engineering based software knowledge with programs like SolidWorks, MatLab, FeatureCAM, SolidCAM, and Altium Designer; and statistical packages such as SPSS and SAS. 4. Statutory Authority Permitting Other than Full and Open Competition: In accordance to FAR Subpart 6.302-5, the proposed acquisition strategy is consistent with legal precedence for sole sourcing research related affiliate contracts in accordance with 38 U.S.C. 8153. 38 U.S.C. 8153(a)(3)(a) states, if the health-care resource required is a commercial service, the use of medical equipment or space, or research, and is to be acquired from an institution affiliated with the Department in accordance with section 7302 of this title, including medical practice groups and other entities associated with affiliated institutions, blood banks, organ banks, or research centers, the Secretary may make arrangements for acquisition of the resource without regard to any law or regulation (including any Executive order, circular, or other administrative policy) that would otherwise require the use of competitive procedures for acquiring the resource. 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 Human Engineering Research Laboratories (HERL), VA Center of Excellence on Wheelchairs and Associated Rehabilitation Engineering (WARE) is the only center of its kind in the United States. HERL is a collaboration of the Department of Veterans Affairs and the University of Pittsburgh. Minimum Requirements for these positions would be specific education, training, and work experience in the fields of Rehabilitation Engineering, Assistive Technology, and/or Physical Medicine and Rehabilitation. Individuals all have a background and/or experience in research fields related to Rehabilitation Engineering and/or Assistive Technology including but not limited to working with/in wheelchairs, prosthetics, and in clinical rehabilitation settings. Research Associates, clinical coordinators, and computer engineer need to have a degree in a Rehabilitation-related field such as Rehabilitation Science/Engineering, Kinesiology, Biomechanics, Biomedical Engineering, Electrical or Electronics Engineering, Mechanical Engineering, Physical or Occupational Therapy, or Medicine that has allowed them to participate in research related activities. The individuals will need to have a working knowledge of human research activities such as protocol development (including programming/prototype design/clinical activity development); institutional review board (IRB) requirements and processing; subject recruitment; data collection, management and analysis. Additionally the RA will need to have experience with research publications, presentation, posters and dissemination of research findings in both academic and community areas. Additional areas of expertise that may be required are biomaterial applications and electrical design related to assistive technology; engineering based software knowledge with programs like SolidWorks, MatLab, FeatureCAM, SolidCAM, and Altium Designer; and statistical packages such as SPSS and SAS. The proprietary data is part of a collaborative research effort between the VA WARE Center of Excellence and the Pitt Human Engineering Research Laboratories. Any developments must be reported according to VA's Office of Technology Transfer and the University of Pittsburgh's Office of Technology Management. The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. Describe the equipment/function you have now and how the new item/service must coordinate, connect, or interface with the existing system: The research projects are all currently in place or soon to be and the individuals involved are either an existing part of the HERL/WARE VA Center of Excellence or soon will be. Some individuals have already met all VA training requirements and are currently working on the Center projects. To replace them would cause extensive delays and jeopardize successful outcomes for the projects. All research grants are funded on a strict timeline. Particular timelines are dictated by grant start and end dates, fiscal years, and additional deadlines set within institutions. If deadlines are missed and research results delayed, projects will be delayed or halted all together. Not meeting specific timelines and goals within the grant protocol can also cause an agency to pull funding. This can have a major negative and direct impact on the VA WARE Center and all Veterans and individuals who use wheelchairs and assistive technology. 6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Our Research lab is a collaborative effort and the Department of Rehabilitation Science and Technology is the only rehab science department of its kind in the United States which can provide the background, training, and experience related to the work conducted by the VA WARE Center of Excellence. FAR 6.302(a)(2)(i) Full and open competition need not be provided for when a statute expressly authorizes or requires that the acquisition that the acquisition be made through another agency or from a specified source. In accordance with 38 U.S.C. 8153(a)(3)(A), an FBO notice won't be posted as this is a service directly related to research with an affiliate. 7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The Government is paying for the Vendor's actual costs plus an indirect cost that has already been deemed fair and reasonable by the Division of Cost Allocation (DCA). DCA is a division under Health and Human Services which processes universities' proposals and negotiates an indirect rate through the guidance in OMB Circular A-21. 8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research has been conducted by knowledgeable individuals in the Government. These knowledgeable individuals include the PI assigned to the grant, VAPHS research program office, and the contract officer. Market research has shown that the supplies/services are of a type customarily available in the commercial marketplace, but only at a full time status. VA grant budgets do not generally cover full FTE for individual positions other than research associates. It is only through combined budgets that larger portions of FTE can be covered for each position. It is very difficult to hire through the VA at percentages of effort less than 100 for varying periods of time. These varying periods of time can be for one month or continue for several years. This can become especially difficult with a time limited grant. The University affiliate allows the VA to hire exceptionally qualified individuals with or without term limits to work within HERL/WARE for the required length of a particular project. This VA contract allows the VA to maintain these individuals who are invaluable to the successful completion of VA research due to their extensive expertise and experience related to rehabilitation research. 9. Any Other Facts Supporting the Use of Other than Full and Open Competition: As listed above, the University of Pittsburgh owns proprietary data, the individuals are either already incorporated in the VA system and aware of the ongoing HERL projects, or they are already incorporated into the University of Pittsburgh with the expertise required for our Center projects, and there is an urgent and compelling need. 10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No sources have expressed an interest. 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: Given the unique nature of this requirement and the collaborative nature of the research work being conducted, services must continue to be met through the sole source provisions of 38 U.S.C. 8153 and FAR Subpart 6.302-5. 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. _____________________________ _6/27/2014_______________ Dana Sinciline Date Administrative Officer HERL/VAPHS 13. Approvals in accordance with FAR 6.304 a. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ Name Date Contract Officer NCO 4 b. NCM/PCM (Required $3K and above): I certify the justification meets requirements for other than full and open competition. _____________________________ ________________________ Name Date Network Contract Manager VISN 4