ONE YEAR EXTENSION FOR LAB REFERENCE TESTS | EDA: 10/01/2025

LIMITED SOURCES JUSTIFICATION ORDER >SAT FAR PART 8.405-6 Acquisition Plan Action ID:

36C245-26-AP-0109 Contracting Activity: 512-26-1-027-0001, Department of Veterans Affairs, NCO 5, located at 1 Med Center Dr., Clarksburg, WV 26301, in support of Veteran Affairs Maryland Healthcare System.

Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501. VISN 5 is requesting a new firm fixed price, FSS task order for 1 year 10/01/2025- 9/30/2026 for the Veteran Affairs Maryland Healthcare System. Order against:

FSS Contract Number: _V797D-70090 Name of Proposed Contractor:

QUEST DIAGNOSTICS INC Street Address:

500 PLAZA DRIVE City, State, Zip:

SECAUCUS, NJ 07940 Phone:

(804)306-0913 Description of Supplies or Services: The estimated value of the proposed action is $1,800,000.00. VISN 5 is requesting a new firm fixed price, FSS task order to the previous incumbent contractor for one year 10/01/2025-9/30/2026. Lab reference testing with a test catalog of 5000+ lines to include courier service, direct reporting to VISTA and onsite personnel to process and take test orders. Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; A sources-sought is out on sam.gov currently 36C24525Q0622 that does not close until 8/15/2025 for a VISN-wide contract vehicles for laboratory reference testing. The current BPA calls expire 9/30/2025. PALT time for the VISN-wide procurement is 180 days. The VISN-wide procurement is estimated to be roughly $50 million.

It is not anticipated that the pending award will be awarded before the expiration of the current BPA. Previous VISN wide contract(s) were already solicited 36C24524R0060 but were protested. MCI Diagnostics LLC has protested via GAO more than nine times against the Department of Veteran Affairs during the same period for lab reference testing. MCI Diagnostics LLC has also protested the Department of Veteran Affairs in the Federal Court of Claims.

It is anticipated that the contractor may protest again, thus delaying the award. The Contracting Officer (CO) is working with the Office of General Counsel (OGC) regarding market research and releasing a new solicitation. OGC has recommended releasing additional sources sought and a revised Statement of Work to avoid protest. The Contracting Officer s opinion is that the future solicitation has a high risk of being protested again. The onboarding timeframe for a new contractor is roughly 9 months. Patient care will be severely delayed if this FSS task order is not awarded.

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow- on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

FAR 8.405-6(b): Items peculiar to one manufacturer: A patent, copyright or proprietary data limits competition. The proprietary data is:

These are direct replacements parts/components for existing equipment. The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: The firm s FSS pricing has already been determined to be fair and reasonable.

Describe the Market Research Conducted: Market research has been conducted commensurate with the size, complexity and the criticality of the acquisition. It has been determined that it is in the best interest of the Government to execute a short- term task order with the incumbent until the VISN-wide acquisition is awarded. Multiple searches of SBA VetCert and DSBS have been performed. GSA Elibrary was consulted. Several sources sought have taken place and one is currently ongoing.