P03 - FAR 13.5 Sole Source Justification.pdf

Effective Date: 11/15/24 Page 1 of 3

REVISION: 01

Acquisition ID#:

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C259-25-AP-2065

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office

(NCO19), VISN 19, 6162 S Willow Drive, Suite 300, Greenwood Village, CO 80111.

Purchase Request#

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

This procurement is for Emergency Interventional Radiology Services in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where 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. This requirement is a Short-term bridge contract and will be awarded as a new contract. The contract will be a firm-fixed priced contract.

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

This 7-month emergency short- term bridge contract period of performance (POP), 3/01/2025

– 9/30/2025, is needed to ensure there are no lapses in patient care services while the long-term contract was being awarded. A short-term contract will ensure continued patient care services without a lapse in services. The total value of this short term , 7-month procurement is , funded under . This contract will include FAR Clause 52.217-8; if exercised, the contract could be extended for an additional six months.

4. Statutory Authority Permitting Restricted Competition:

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

( x ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or

Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the

Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Effective Date: 11/15/24 Page 2 of 3

Acquisition ID#:

Radiology Specialists of Denver, PC, the incumbent contractor, for contract 36C25924C0057 which expire February 28,2025, has provided healthcare professionals that are Credentialed and Privileged to perform Interventional Radiologist services at the RMRVAMC. New provider Credentialing and Privileging can take up to 60 days, which would result in unacceptable lapse in services and needed care to Veterans per “Only One Responsible Source (FAR 6.302-1)”. A 7 month short-term contract will ensure continued critical patient care until a long-term contract can be awarded.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to the Emergency nature of this requirement and the need to meet the Period of Performance date of 3/01/2025, no other actions could be implemented to facilitate competition for this acquisition.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Pricing is expected to be fair and reasonable based the IGCE and historical pricing.

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

Reasons Market Research Was Not Conducted: The following websites were used to support Market Research results: GSA E-Library, and Small Business Administration’s (SBA) Dynamic Search tool, and SBA’s Veteran Small Business Certification (VetCert) website. A search was conducted of the SBA’s Dynamic Small Business Search Tool, using NAICS Code: 621111, which yielded 25 vendors. Market Research was also conducted on the GSA eLibrary website. Category 621 I – Professional and Allied Healthcare Staffing Services, subcategory 621-020- Radiology (Includes Diagnostic, MRI/Mammogram, Interventional and Oncology) which produced 32 vendors. A search was conducted on Veteran Small Business Certification (VetCert), verifying NAICS Code 621111, which resulted in 435 vendors.

BAA Exception is applicable to this acquisition since this involves direct patient care.

As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition, and soliciting inquiries from interested parties.

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

Due to the urgent need to maintain services by the need date of 3/1/2024, Radiology Specialists of Denver is more than capable of fulfilling the Interventional Radiology Services required. The incumbent can provide the required (on-call/standby hours) the station needs.

No other contractors are capable of providing the required services needed for this requirement in such a timely manner, nor can onboarding/credentialing process be attained by the required need date by a new vendor.

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

Radiology Specialists of Denver, PC

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:

Effective Date: 11/15/24 Page 3 of 3

Acquisition ID#:

A new package for a long-term Interventional Radiology contract has been submitted to Network Contracting Activity under AP# 36C259-24-AP-3182. This acquisition for Long- Term Interventional Radiology requirement has been competitively solicited as an SDVOSB set-aside and is pending evaluations. The limitation of subcontracting applies to this requirement.

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.

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.

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition