36C24223D0005 APPROVED JA FOR OFOC- VA NYHHCS TEMPORARY MULTI-MODALITY DRT STAFFING - GHOST RX.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition

Plan Action ID: 36C242-22-AP-1659

1. Contracting Activity:

Department of Veterans Affairs, Regional Procurement Office (RPO) East, Network Contracting Office (NCO) 2, Bath VA Medical Center, 76 Veterans Avenue, Bath, NY 14810 procuring the request on behalf of the VA New York Harbor Health Care System in Veterans Integrated Service Network (VISN) 2.

The VA New York Harbor Health Care System consists of the Margaret Cochran Corbin VA Campus at 423 East 23rd Street in New York, NY 10010-5011, the Brooklyn VA Medical Center located at 800 Poly Place in Brooklyn, NY 11209-7104, and the St. Albans VA Medical Center located at 179-00 Linden Boulevard in Queens, NY 11424-1468.

2. Nature and/or Description of the Action Being Approved:

Network Contracting Office (NCO) 2 intends to award a sole source contract to Ghost RX, Inc., a Service-Disabled Veteran Owned Small Business (SDVOSB), registered in the Vendor Information Pages (VIP) for Temporary Radiologic Technologist Staffing Services in support of each of the campuses of the VA New York Harbor Health Care System while VA permanent recruitment continues to fill vacancies. This requirement seeks to fill 12 full-time equivalent (FTE) vacancies on a temporary basis, comprising of 1 FTE Computed Tomography Technologist, 2 FTE Diagnostic Radiologic Technologists/DEXA, 2 FTE MRI Technologists, 1 FTE PET/CT Technologist, 2 FTE Mammography Technologists, 2 FTE Ultrasound Technologists, 1 FTE Cardiology Technologist and 1 FTE Vascular Sonography Technologist. The following Certified Technologists may also be required to be on site dependent on Service requirements, so long as not to exceed the total 12 FTE limit of this contract:

Nuclear Medicine Technologist and Interventional Radiology Technologist.

The proposed sole source contract is for a Firm Fixed Price (FFP) Indefinite Delivery, Indefinite Quantity (FFP IDIQ) with one base year and three (3) six-month option periods. The anticipated award date is August 15, 2022 and the anticipated effective date is October 1, 2022. The anticipated base period of performance is October 1, 2022 – September 30, 2023, with the option to extend services should there continue to be difficulty recruiting, hiring, and onboarding permanent VA staff at these locations.

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.

The VANYHHCS Radiology Service Line submitted Purchase Request Number 630-23-1-108-0006 for the amount of $1,445,932.80 and has confirmed additional funding is available to cover the anticipated cost of the base year of this requirement.

Rev:13 Effective Date: 02/01/2022

Subj: Request for SDVOSB/VOSB Sole Source Justification >SAT 36C242-22-AP-1659

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The VA NY Harbor Health Care System (VANYHCS) has an immediate and continuous need for multi-modality Diagnostic Radiologist staffing services. Presently, VANYHCS has experienced staffing levels that are critically low due to absence, retirements, transfers, resignations, re-assignments, and terminations. A robust recruitment process has been in progress, but the hiring lag time is a factor in getting qualified staff on board. To continue to provide care to their Veteran population 24 hours/7 days a week during this staffing shortage, the Radiology Department has attempted to limit clinic availability without shutting down services. Limiting clinic availability or referring Veterans to outside providers disrupts continuity of care and causes burdensome conditions to access care.

The lack of appropriate staffing levels results in increased workload in those areas and decreased satisfaction of permanent employees, in addition to the Radiology Department utilizing voluntary and involuntary overtime. Temporary staffing is needed to fill the gaps between vacancies and on-boarded Radiologic Technologist staff to prevent staff fatigue and exhaustion, which is occurring as a result of overtime use to fill the work hours/vacancy gaps needed to provide care.

Specifically, the VA NY Harbor Health Care System has requested a total of 12 FTE Diagnostic Radiologic Technologists (DRTs) to provide staffing support. The government estimate for these services is $1,927,027.20 for the base year of services. The total estimated cost for the base year plus three (3) six-month options is $4,866,193.92.

Due to the amount of time it takes to on-board and train VA Radiologic Technologists, it is felt that this timeframe will offer VA efficiency and well-trained contract staff as recruitment activities continue. It is expected that staffing needs will likely change throughout the year as permanent VA hires are made. The resulting contract will need to allow variation in the number of hours required, so an IDIQ contract is best suited to meet this need. In accordance with 38 USC § 8127(c), the contract maximum will not exceed $5,000,000.00.

4. Statutory Authority Permitting Other than Full and Open Competition:

41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(X ) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified veteran-owned small business

5. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Pursuant to 38 U.S.C. § 8127(c) a sole source award to a SDVOSB concern is authorized where the SDVOSB concern is determined to be a responsible source with respect to performance of the contract; the anticipated award will exceed the simplified acquisition threshold but will not exceed $5,000,000; and the contract award can be made at a fair and reasonable price that offers best value to the United States. Ghost RX, Inc. (DUNS No. 879125743, SAM UEI ZF3FU6YEXKE8) is a verified SDVOSB by the Center for Veteran Enterprise (CVE) on the Vendor Information Pages (VIP), last verified on June 17, 2020, with an expiration date of June 17, 2023. Additionally, Ghost RX, Inc. has performed satisfactorily on contracts for similar services both within Veterans Integrated Service Network (VISN) 2 and with other VA locations.

Subj: Request for SDVOSB/VOSB Sole Source Justification >SAT 36C242-22-AP-1659

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies:

This action is to fulfill a need for the procurement of temporary DRT staff services for one base year with three (3) six-month options. It is not anticipated that the services will be needed longer than 2.5 years. If additional services are required, they will be procured on a competitive basis.

A search was conducted in VIP for both SDVOSBs and VOSBs under NAICS 561320 – Temporary Help Services resulting in the identification of 811 SDVOSBs and 101 VOSBs. It was impossible to determine whether the identified companies were capable of fulfilling the subject requirement as the NAICS code is very broad.

Due to the large number of results were received from the query, a Request for Information (RFI) was sent to seven SDVOSB FSS Schedule 621i contract holders for SIN 050 (Radiologic Technology), via email on June 13, 2022. A total of four (4) responses were received from VIP-verified SDVOSBs. There were no VOSBs contacted. No additional outreach was conducted to other types of businesses.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

The Contracting Officer will determine fair and reasonableness of the proposed prices through a comparison of those prices to the Independent Government Cost Estimate (IGCE), market research, and other available price analysis techniques in accordance with FAR 13.106-3(a)(2). The Government has ample recent pricing information available through other contracts for similar services to assist with this determination as temporary staffing services have been utilized extensively.

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

Reasons Market Research Was Not Conducted:

NCO 2 conducts ongoing market research for temporary health care staffing firms to fulfill various staffing needs within VISN 2. Market research to identify sources has historically been conducted through the publishing of Sources Sought Notices on www.beta.sam.gov, review of Federal Supply Schedule (FSS) Professional and Allied Healthcare Staffing Services (Schedule 621i) and informal RFIs, as well as outreach among Health Care Resource (HCR) Contracting Officers both within NCO 2 and other NCOs that have temporary staffing requirements.

A search was conducted in VIP for both SDVOSBs and VOSBs under NAICS 561320 – Temporary Help Services resulting in the identification of 811 SDVOSBs and 101 VOSBs. It was impossible to determine whether the identified companies were capable of fulfilling the subject requirement as the NAICS code is very broad.

A search was conducted in SBA’s Dynamic Small Business Search using keyword “Radiology” and NAICS Code 561320 resulting in the identification of 13 SDVOSBs and 16 VOSBs.

Recent market research has shown there are many SDVOSBs that provide Radiologic Technologist staffing services, and there is typically interest from SDVOSBs regarding health care staffing requirements for this region. Of those vendors that express interest, the Contract Specialist’s https://www.acquisition.gov/content/part-5-publicizing-contract-actions https://www.acquisition.gov/content/part-5-publicizing-contract-actions http://www.beta.sam.gov/ knowledge of existing contracts provided insight about how well they have performed on current and prior staffing requirements in order to make an educated determination on the likelihood of success in fulfilling this requirement. Of the seven SDVOSBs contacted with an RFI, four SDVOSBs with history successfully providing health care staffing services in Veterans Integrated Service Network (VISN) 2 responded. Respondents that were considered were Ghost RX, Inc., EGA Associates, LLC, One Stop Recruiting, LLC, and Millbrook Support Services.

NAME OF ENTITY SDVOSB/VOSB GSA SCHEDULE RESPONSIVE (Y/N)

GHOST RX, INC SDVOSB V797D-40232 YES

EGA ASSOCIATES, LLC SDVOSB 36F79719D0122 YES

MEDICAL X-RAY STAFFING

SOLUTIONS (DBA MEDICAL

STAFFING SOLUTIONS USA)

SDVOSB V797D-50377 NO

ONE STOP RECRUITING, LLC SDVOSB 36F79721D0072 YES

RAPID TEMPS, INC. SDVOSB V797D-70023 NO

VIGHTER, LLC SDVOSB 36F79721D0117 NO

MILLBROOK SUPPORT

SERVICES

SDVOSB N/A YES

Award will be made to Ghost RX since they provided rates aligned with prevailing market rates and had very favorable past performance when they provided COVID emergency nurse and nurse support staff services to the VA NY Harbor Health Care System and the James J. Peters VA Medical Center. As a result of the award to Ghost RX, the following tasks were completed:

a. In a query of Center for Veteran Enterprise (CVE) on the Vendor Information Pages (VIP), Ghost RX, Inc. was listed as a verified Service-Disabled Veteran Owned Small Business.

b. In a review of the System for Award Management (SAM) website, Ghost RX, Inc. (SAM EUI ZF3FU6YEXKE8, DUNS No. 879125743) is listed as a small business under this requirement’s NAICS Code 561320 (Temporary Help Services) with Size Standard of $30.0M.

c. In discussion with Ghost RX, Inc., it was confirmed that they foresee no difficulties fulfilling the described requirement expeditiously beyond the possibility of a delay of locating local candidates with advanced certifications in RCIS for the Vascular Interventional Radiography Technologist (VIR) or the Interventional Radiography (IR). These positions only represent 1 FTE of the 12 FTE and would not greatly disrupt the contract performance if a delay is experienced. The other SDVOSB businesses were unaware of the RCIS certification and whether that would impact their ability to recruit for VIR or IR Technologist positions.

d. Ghost RX meets the eligibility criteria outlined in VAAR 819.7003, they are verified in VIP and the action is below the $5,000,000 threshold.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

None.

Pursuant to 38 U.S.C. § 8127(c) a sole source award to a SDVOSB concern is authorized where the SDVOSB concern is determined to be a responsible source with respect to performance of the contract; the anticipated award will exceed the simplified acquisition threshold but will not exceed $5,000,000; and the contract award can be made at a fair and reasonable price that offers best value to the United States. Ghost RX, Inc. is a verified SDVOSB by the Center for Veteran Enterprise (CVE) on the Vendor Information Pages (VIP). Ghost RX, Inc. (SAM EUI ZF3FU6YEXKE8, DUNS No.

879125743) has performed satisfactorily under other temporary staffing services contracts for services within VISN 2, as well as for other Veteran Integrated Service Networks.

Given the highly-specialized need for multi-modality Diagnostic Radiologic Technologist (DRT) support staff, it is in the best interest of the Government to fulfill the immediate need by utilizing the statutory authority to negotiate on a sole source basis with a VIP-verified SDVOSB.

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

In addition to Ghost RX, the following sources expressed interest in the requirement: EGA Associates, LLC, One Stop Recruiting, LLC and Millbrook Support Services. These sources and other potential sources may be considered for any future competitive procurements.

Based on the responses, the Contract Specialist has the most confidence in Ghost RX, Inc. since they have provided a significant number of medical professionals to VA during the last 18 months to support COVID-19 related staffing requirements within VISN 2, the estimated rates for DRT staffing are aligned with rates from similar contracts in other VISNs, and they have a relevant history providing DRT staffing services. While the remaining respondents do have at least some experience with temporary staffing, I am highly confident that Ghost RX could fulfill this high volume of nursing staff (12 FTEs) in an expedient manner.

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:

This procurement will result in contract with a base year and three (3) six-month options to fulfill a continuous need for temporary DRT support staff services. In the event the NY Harbor Health Care System is unable to hire permanent VA employees at the required levels, NCO 2 will work with the VANYHHCS towards award of a competitive contract action for the stated requirement in order to minimize the need for future sole source requirements.

11. 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.

Rev:13

Digitally signed by ATABEIRA

AT ABEi RA FLORES FLORES Date: 2022.07.27 13:37:15 -04'00'

Atabeira Flores

Administrative Officer, COR

VA NY Harbor Health Care System

Date