36C24223D0070 APPROVED JA FOR OFOC- SYRACUSE VA TEMPORARY RN CRNA STAFFING SERVICES.pdf

Request for SDVOSB/VOSB Sole Source Justification >SAT: 36C242-23-AP-2042

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-23-AP-2042

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 Syracuse VA Medical Center, in Veterans Integrated Service Network (VISN) 2 located at 800 Irving Avenue, Syracuse, NY 13210.

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

NCO 2 intends to award an emergency, short-term, interim, sole source contract to Bay Area Anesthesia DBA Worldwide Medical Staffing, LLC (hereinafter referred to as Worldwide Medical Staffing), a Service-Disabled Veteran-Owned Small Business (SDVOSB) registered in the Small Business Administration’s (SBA) VetCert program. The requirement is for Temporary Registered Nurses (RN) and Certified Registered Nurse Anesthetist (CRNA) Staffing Services in support of the Syracuse VA Medical Center (VAMC) until competitive solicitations are issued and long-term service contracts are awarded.

This requirement seeks to extend the current assignments of 22 Full-Time Equivalent (FTE) RNs and one FTE CRNA on a temporary basis until the new, long-term follow-on contracts can be awarded. The request is comprised of 2.0 FTE Intensive Care Unit (ICU) RNs, 2.0 FTE Emergency Department (ED) RNs, 9.0 FTE Medical/Surgical RNs, 9.0 FTE General RNs and 1.0 FTE Certified Registered Nursing Anesthetist (CRNA).

Contract 36C24222D0037 was awarded to AB Staffing Solutions, LLC under FAR Part 18 Emergency Procedures to provide temporary contractual coverage for critical temporary nursing needs at the Syracuse VAMC. AB Staffing Solutions, LLC is a large business and has a partnership with a SDVOSB, Worldwide Medical Staffing. Their RNs and CRNAs contractors are fully credentialed with the Syracuse VAMC.

Worldwide Medical Staffing is uniquely suited to perform this emergency, short-term, interim contract due to their partnership with the awardee of the current contract, AB Staffing Solutions, LLC. The current RNs and CRNA would continue to work under the new contract with Worldwide Medical Staffing to maintain these critical patient care services. AB Staffing Solutions will transition of all contract services to Worldwide Medical Staffing. This will provide Worldwide Medical Staffing an opportunity to gain valuable experience in VISN 2 as an SDVOSB healthcare staffing provider. Worldwide Medical Staffing already has experience providing identical services to the U.S. Department of Health and Human Services and another VA location outside of VISN 2.

The proposed emergency, short-term, interim contract is a Fixed Price (FP) Indefinite Delivery, Indefinite Quantity (IDIQ) contract for a period of four months after the effective date of the award. The anticipated period of performance is June 1, 2023, through September 30, 2023, with the option to extend services for up to an additional six-months

Subj: Request for SDVOSB/VOSB Sole Source Justification >SAT: 36C242-23-AP-2042 should there continue to be difficulty transitioning services to the new awardees of the competitive, long-term contracts.

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

The Syracuse VAMC has an immediate need for 2.0 FTE Intensive Care Unit (ICU) RNs, 2.0 FTE Emergency Department (ED) RNs, 9.0 FTE Medical/Surgical RNs, 9.0 FTE General RNs and 1.0 FTE CRNA services. The Syracuse VAMC has experienced critically low RN and CRNA staffing levels. Without this emergency, short-term, interim contract, the facility would not be able to function and provide critical patient care services without putting an extreme burden on the existing staff.

The Government estimate for these services is $2,701,050.00, for a four month period of performance.

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 819.7008 (DEVIATION) or VAAR 819.7009 (DEVIATION) up to $5,000,000.

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a certified 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 $5,000,000.00; and the contract award can be made at a fair and reasonable price that offers best value to the United States. Worldwide Medical Staffing (SAM UEI: NHBEN7FLTDR8) is verified as an SDVOSB by the Veteran Small Business Certification (Vet Cert), last verified on July 20, 2022, with an expiration date of July 20, 2026. Worldwide Medical Staffing has a business partnership with AB Staffing Solutions and contract performance under 36C24222D0037 has been successful. Additionally, Worldwide Medical Staffing has performed satisfactorily on contracts for temporary RN staffing services at another VA location outside of VISN 2 and with the U.S. Department of Health and Human Services.

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 FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

This emergency, short-term, interim, sole source contract maintains critical patient care services until the long-term, competitive contracts can be awarded and any new contract staff can be on-boarded.

https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

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

The Contracting Officer will determine the proposed prices as fair and reasonable through a comparison with 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 RN staffing services to assist with this determination, as temporary staffing services have been utilized by NCO 2 extensively.

Additionally, this requirement is covered by the Service Contract Labor Standards, formerly known as the Service Contract Act of 1965. Consequently, there are Department of Labor (DoL) wage determinations in place for the service area. As a staffing requirement with no ancillary supplies or commodities, the Government will be able to use the DoL wage determination to assist with determining fair and reasonable pricing.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Bay Area Anesthesia DBA Worldwide Medical Staffing, LLC, is a verified SDVOSB in the SBA’s VetCert program. Due to the emergent nature of this short-term, interim contract request, no additional market research was conducted.

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

Multiple solicitations for temporary clinical staffing services are at various pre-award stages in VISN 2. On average, the solicitation phase of these types of procurements take two to three months from the time the solicitation is issued to award. Then, once the contract is awarded, an additional six-12 weeks are needed to onboard any new contract staff. Relying on a competitive procurement would cause a gap in these critical patient care services positions, severely effecting care at the Syracuse VAMC.

Given the immediate need for nursing staff, it is in the best interest of the Government to meet the immediate need by utilizing the statutory authority to negotiate on a sole source basis to a SDVSOB. 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 $5,000,000.00; and the contract award can be made at a fair and reasonable price that offers best value to the United States.

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

None

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 a four month contract to fulfill an urgent and immediate need for temporary RN and CRNA staffing services. Concurrently, the Syracuse VAMC is working towards award of competitive, long-term contracts for the stated services in order to minimize the need for future sole source requirements.

12. Requirements Certification:

Prepared By:

Danelle Wassink Date Contract Specialist Network Contracting Office (NCO) 2

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.

Shannon Welling Date Associate Director of Patient/Nursing Services Syracuse VA Medical Center

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.

Heather Schrader Date Contracting Officer Network Contracting Office (NCO) 2 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K):

I certify the justification meets requirements for other than full and open competition.

Jadwiga Kustra Date

Contracting Officer, NCO 2 Acting Branch Chief of Medical Sharing 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 $75 million) or approve ($750K to $75 million) for other than full and open competition.

Joseph P. Maletta Date VHA Head of Contracting Activity (HCA)