Description
JUSTIFICATION AND APPROVAL TO PROCURE USING OTHER THAN FULL AND OPEN COMPETITION 1. Identification of Agency and Contracting Activity Department of Veterans Affairs Office of Public Health & Environmental Hazards 810 Vermont Avenue, NW Washington, DC 20420 2. Nature/Description of Action This document sets forth the justification and acceptance approval for one of the exceptions to full and open competition allowed under Federal Acquisition Regulation Part 6.302-5 (a)(2) (i) and (c)(1)(i)(B). To establish a sole source contract with National Academy of Science to provide advisory and assistance services to the Department of Veterans Affairs Office of Public Health and Environmental Hazards. Contract period is approximately one year at an estimated cost of $500,000. 3. Description of Supplies/Services The VA uses MFUA for various special studies, including the contract on long-term health status of veterans who participated in project SHAD, and a congressionally requested study of hearing loss among veterans. The core funding is separate from other contracts the VA has with MFUA, and would support them on a number of ongoing epidemiological studies on veteran and military health. Section 603 of Public Law 108-183, signed December 16, 2003, specifies that VA shall make $250K available to the National Academy of Sciences Institute of Medicine Medical Follow-up Agency (MFUA) each fiscal year from 2004 through 2013. According to this statute, these funds are to support the NAS Medical Follow-up Agency (MFUA) for the purposes of conducting epidemiological research on members of the Armed Forces and veterans. The Department of Defense is also required by this statute to supply the same amount of funds each fiscal year to MFUA. The statute specifies that the funds made available each fiscal year to MFUA shall come from funds available to VA for that fiscal year. An Interagency Agreement between VA and DoD permit funds to be transferred to VA for award to NAS. This legislation renews an identical statutory requirement for support of MFUA. In the past, VA's Office of Research and Development (12) supplied this congressionally mandated annual support to MFUA using VA research dollars. However, MFUA would not normally qualify to receive research dollars since the MFUA employees are not VA employees. 4. Identification of Statutory Authority The statutory authority permitting other than full and open competition is 10 U.S.C. 2304 (c)(5) and Federal Acquisition Regulation Part 6.302-5 (a)(2) (i) and (c)(1)(i)(B). 5. Demonstration of Contractors Unique Qualifications 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 program office conducted and documented market research and Public Law 108-1 83, which resulted in identification of one firm capable and qualified to perform this requirement. 6. Description of Efforts Made to Ensure a Variety of Potential Sources Not applicable. 7. Determination of Fair and Reasonable Cost The amount of support provided to NAS is mandated by public law. The Contracting Officer anticipates the cost of this procurement to be fair and reasonable. 8. Description of Market Survey N/A. Section 603 of Public Law 108-1 83, signed December 16, 2003, requires the Secretary of Veterans Affairs (VA) make available to the National Academy of Sciences (NAS) $250K each fiscal year from 2004 through 2013. The VA uses MFUA for various special studies, including the contract on long-term health status of veterans who participated in project SHAD, and a congressionally requested study of hearing loss among veterans. The current core funding is separate from other contracts the VA has with MFUA, and would support them on a number of ongoing epidemiological studies on veteran and military health. 9. Any Other Supporting Data Not applicable. 10. Listing of Interested Sources Not applicable 11. Actions That Maybe Taken to Overcome Barriers to Competition Due to the nature of this proposed procurement action, no future competitive plans are contemplated. 12. Contracting Officers Certification The Contracting Officer certifies that the justification is accurate and complete to the best of the Contracting Officer's knowledge and belief. _____________________ Contracting Officer Date