36C24220G0012-001.pdf

Other Than Full and Open Competition (OFOC) Sole Source Justification >SAT

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-20-AP-1448

1. Contracting Activity: In response to the COVID-19 National Emergency, the Department of Veterans

Affairs, Network Contracting Office (NCO) 2, on behalf of all VISN 2 VA Medical Centers (New York Harbor Health Care System (Manhattan, Brooklyn and St. Albans); James J. Peters VA Medical Center (Bronx); Northport VA Medical Center; Hudson Valley Health Care System (Montrose and Castle Point); New Jersey Health Care System (Lyons and East Orange); Western New York Health Care System (Buffalo and Batavia); Albany Stratton VA Medical Center; Finger Lakes Health Care System (Canandaigua and Bath); and the Syracuse VA Medical Center) has the need for multiple Blanket Purchase Agreements for emergency, temporary/Locum Tenen staff.

2. Nature and/or Description of the Action Being Processed: These Blanket Purchase Agreements (BPA) were already awarded. The Contracting Officer is following up with the necessary contract documentation for limiting competition.

The President declared a National Emergency in response to COVID-19 on March 13, 2020. As such, VA Heads of Contracting Activities (HCAs) invoked emergency acquisition flexibilities in accordance with FAR Par 18. The President's emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (41 U.S.C 5121, et seq.) requires that Contracting Officer’s give preference to local firms in the designated area. However, this emergency response applies to a global pandemic, so there is no clear local area. Therefore, local set aside requirements do not apply.

New York City (part of VISN 2) is the epicenter of the COVID-19 pandemic and the size and scope of this emergency staffing requirement is unprecedented. Emergency assistance and disaster relief emergency medical personnel are needed to support VA Medical Center operations and safe patient care in the event of VA staff illness and/or quarantine, the opening of additional VA Medical Center beds/units, admittance of non-VA patients (VA’s 4th mission), and the availability of VA Disaster Emergency Medical Personnel (DEMP).

It is impossible to predict exactly how many VA staff, veterans or public will be become infected with COVID-19 and how many temporary/Locum Tenen staff will be needed at each VISN 2 VAMC as a result. NCO 2 received an initial request from the Bronx for 64 temporary/Locum Tenen staff (RN and Respiratory Therapists) on Thursday, March 26, 2020. Shortly thereafter, New York Harbor requested 446 temporary/Locum Tenen staff (RN, LPN, Certified Nursing Assistant, Respiratory Therapist, Physician, and Advanced Practice Provider positions). It was anticipated that as the COVID-19 pandemic evolved across VISN 2, other VAMCs would also need emergency, temporary/Locum Tenen staff.

Existing VISN 2 temporary/Locum Tenen staffing contracts were reviewed to determine if modifications could provide some of the personnel needed to support COVID-19. However, the size, scope and type of positions needed were not all available from existing VISN 2 contracts.

The Government-wide database of contracts (GSA) 621I were also reviewed. At the time of this initial request, the FSS contracts had not yet been modified to account for the current COVID-19 market conditions. The not to exceed prices in the FSS contracts did not align with the current prices being paid in the private sector for medical staff during the pandemic. Therefore, in order to obtain staff in this emergency situation, FSS contracts were not used to fulfill this requirement.

Therefore, in order to support the emergency, temporary/Locum Tenen staffing needs for all of VISN 2, multiple (new) firm fixed price, Blanket Purchase Agreements were awarded.

In accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, 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.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This is a request to award on a sole source basis, multiple, firm fixed price Blank Purchase Agreements (BPA) to support the emergency, temporary/Locum Tenen staffing needs of VISN 2 VAMCs as a result of the COVID-19 pandemic for the following medical staffing positions:

• Registered Nurse (RN) o General o Medical/Surgical o Intensive Care o Dialysis o Emergency Department

• Licensed Practical Nurse (LPN)

• Certified Nursing Assistant (NA or CNA)

• Registered Respiratory Therapist (RRT)

• Health Technician (HT)

• Medical Support Assistant (MSA)

• Phlebotomist

• Physician o Internal Medicine o Hospitalist o Emergency Department

• Advanced Practice Provider (APP) o Physician Assistant (PA) o Nurse Practitioner (NP)

The quantity, hours and exact positions needed at each VAMC are impossible to predict. In accordance with FAR 18, each BPA shall not exceed the increased simplified acquisition procedure threshold of $13M. The period of performance is April 1, 2020 – June 30, 2020 with (3) three-months options. The BPAs shall not exceed 12 months.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-1:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( X ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability https://www.acquisition.gov/content/part-6-competition-requirements or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

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 President declared a National Emergency for the United States as a result of the COVID-19/Coronavirus global pandemic which activated the use of FAR 18 emergency procedures to expedite purchases of critical services equipment. New York City (part of VISN 2) is the epicenter of the COVID-19 pandemic and the size and scope of the emergency, temporary/Locum Tenen staffing needs are unprecedented.

Emergency assistance and disaster relief emergency medical personnel are needed to support VA Medical Center operations and safe patient care in the event of VA staff illness and/or quarantine, the opening of additional VA Medical Center beds/units, admittance of non-VA patients (VA’s 4th mission), and the availability of VA Disaster Emergency Medical Personnel (DEMP). However, it is impossible to predict the exact number of staff that will be needed.

The first emergency request was received on the Thursday, March 26, 2020 for 64 temporary/Locum Tenen staff for the Bronx followed by a request for 446 temporary/Locum Tenen staff for New York Harbor. Two VISN 2 VAMCs needed 510 temporary medical staff/Locum Tenens for immediate start the week of March 30, 2020. Therefore, the following contractors were awarded BPAs:

• AB Staffing (awarded 04/01/2020)

• Access Therapies (awarded 04/01/2020)

• Aya Healthcare (awarded 04/01/2020)

• CHG Companies (dba CompHealth) (awarded 04/15/2020)

• *EGA Associates (awarded 04/27/2020)

• *Ghost RX (awarded 04/27/2020)

• Loyal Source (awarded 04/03/2020)

• Medicus Healthcare Solutions (awarded 04/15/2020)

• Mitchell Martin (awarded 04/27/2020)

*Service-Disabled Veteran Owned Small Business (SDVOSB)

The contractors awarded BPAs were the only contractors who could provide candidates for the specialty areas that were needed for VAMC review and selection (with start dates immediately upon credentialing) on Monday March 30, 2020 at a fair and reasonable price.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The NCO 2 Medical Sharing Team assembled their emergency team members on Saturday, March 28, 2020 to begin making telephone calls to eight temporary staffing/Locum Tenen agencies with recent, successful past performance in VISN 2. After discussing the initial requirement with these contractors, it became apparent from the feedback received that additional resources/contractors would be required to meet the VISN’s temporary staffing needs during this pandemic. Therefore, an additional 26 temporary/Locum Tenen contractors were contacted March

28-29, 2020. In consideration of the Rule of Two, contractors were a mix of large business, small business, and SDVOSB/VOSB. All potential contractors were asked to submit candidates for immediate placement by Monday, March 30, 2020. A solicitation was released later in the week to all contractors who submitted candidates.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer evaluated all of the proposed prices. A total of 10 offers were received. Nine BPAs were awarded. One offeror did not receive a BPA as their prices could not be determined fair and reasonable. All of the offerors were established temporary staffing/Locum Tenen contractors and therefore have a realistic view of the costs associated with the requirement described in the solicitation. Prices were determined to be fair and reasonable based on a comparison of similar services in the marketplace.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Market research was conducted by telephone and email March 27-29, 2020. Recent, successful temporary staffing/Locum Tenen VISN 2 contracts were reviewed for potential contractors to fulfill this requirement. Eight were contacted. FSS 621I contract holders were reviewed and an additional 26 (large business, small business, and SDVOSB/VOSB ) were contacted by phone during the same time period.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Due to the emergent nature of this requirement, there was no time to post a solicitation on beta.sam.gov.

These temporary/Locum Tenen staff were needed onsite as soon as possible in order to maintain critical hospital services during the COVID-19 pandemic. This is an emergency requirement and time is not available to conduct full and open solicitation procedures.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

• AB Staffing

• Access Therapies

• Aya Healthcare

• CHG Companies (dba CompHealth)

• EGA Associates*

• Ghost RX*

• Loyal Source

• Medicus Healthcare Solutions

• Mitchell Martin

• STG International *Service-Disabled Veteran Owned Small Business (SDVOSB)

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: None at this time. Under normal circumstances, these types of contracts would be competed or task orders against FSS 621I contracts would be utilized. During this time of crisis due to the COVID-19 pandemic, VISN 2 had no choice to procure these services as sole source under statute authority for unusual and compelling urgency.

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.

Heather Schrader, Contract Specialist Date NCO 2, Medical Sharing Team

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. 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.

Allan Preston, Contracting Officer Date NCO 2, Medical Sharing Branch Chief

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Jadwiga M. Kustra Date NCO 2, Division Chief

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

Joseph P. Maletta Date Executive Director VHA Regional Procurement Office East http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

Text8: 4/28/2020