36C26119D0041-001.pdf

OFOC SOP Revision 08 Page 1 of 4

Original Date: 03/22/11

Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C261-19-AP-1304

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

Contracting Office (NCO 21) on behalf of VISN 21, VA Southern Nevada Healthcare System

(VASNHCS). The procurement request number is 593-19-1-047-0004.

2. Nature and/or Description of the Action Being Processed: This is a request for a new temporary staffing services contract for VASNHCS for magnetic resonance imaging (MRI) technologists and computed tomography (CT) radiology technologists. The resulting contract will be a one year, Firm Fixed-Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract with a contract ceiling of $1,400,000.00 with Ansible Government Solutions, LLC, DUNS

079602477. The contract will have an option to extend services for up to six months should there be any delays with the competitive procurement.

FAR 13.5 Simplified Procedures for Certain Commercial Items: This procurement will be accomplished 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.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: VASNHCS has an immediate need for MRI technologists and CT radiology technologists. Currently the hospital is not fully staffed in that department and has been unsuccessful with recruitment efforts through human resources. As a result, VASMHCS is in some cases turning away emergency patients and sending them to other local hospitals in the area. The lack of staffing is causing a hardship to the existing staff and results in an inability to provide emergency services in some cases, which is counter to the hospital’s mission. Consequently, the hospital has requested an expedited procurement for temporary staffing services for radiology technologists to meet its immediate needs.

Specifically, VASNHCS is requesting three full-time equivalent (FTE) MRI technicians and

2 FTE CT technicians, which includes overtime, on-call, and call back. The government estimate for these services is $736,462.00 based on the number of hours estimated for a year.

However, staffing needs will likely change throughout the year as they cannot be anticipated with any degree of certainty. 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 line with guidance from Office of General Counsel, a contract ceiling higher than the Government estimate will be established to mitigate risk of underestimating the need. Consequently, the contract ceiling will be $1,400,000.00.

4. Statutory Authority Permitting Other than Full and Open Competition: FAR 13.5 Simplified

Procedures for Certain Commercial Items; the authority for applying the Simplified Procedures for

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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).

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4

(X) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

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

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

Required by Statute (FAR 6.302-5) – Veterans First Contracting Program as required by 38 U.S.C.§

8127 (c) as implemented by VA Acquisition Regulation (VAAR) 819.7001(c) with guidance from revised Procurement Policy Memorandum (2016-05)(Revised Aug 2018). To be eligible, contractors must be verified as Service-Disabled Veteran-Owend Small Businesses (SDVOSB) in the VIP database. The contractor, Ansible Government Solutions LLC, is VIP-verified since 12/7/2015 with an expiration date of 1/16/2022 . In addition, the statutory limitation of a sole source acquisition is

$5,000,000.00, and the total procurement value of this action will be well under the limit at

$1,400,000.00.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This action is to fulfill an immediate need for the procurement of radiology technologist services for a year with an option to extend for up to six months. It is anticipated that the service will be needed longer than a year, so any future procurements exceeding the period of one year will be accomplished on a competitive basis.

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

Reasonable: This is a requirement for temporary staffing services, and the positions are 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 providing hourly pricing information to determine the hourly rates to be fair and reasonable after accounting for labor burden, overhead, and profit. Moreover, the Government has ample pricing information available through other contracts for similar services to assist with the determination. More specifically, the Government procured

MRI and CT technologist services for VA Palo Alto Health Care System recently. Finally, the government has commercial salary information for Las Vegas for price analysis.

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

Market Research Was Not Conducted: NCO 21 conducts ongoing market research for temporary health care staffing firms to fulfill various staffing needs within VISN 21. Market research is done using Sources Sought on www.fbo.gov, reviewing the Federal Supply Schedule (FSS) Professional and Allied Healthcare Staffing Services schedule 621 I, and through interoffice communication among Contracting Officers. Recent market research has shown there are several Service Disabled

Veteran Owned Small businesses that provide health care staffing services. There is typically a lot of interest in health care staffing requirements among SDVOSBs for this region. Of those interested vendors, personal knowledge about existing contracts provides insight about how well they have performed on staffing requirements in this region.

https://www.acquisition.gov/?q=/browse/far/6 http://www.fbo.gov/

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9. Any Other Facts Supporting the Use of Other than Full and Open Competition: A contract for similar services for MRI and CT technologists was established recently (September 2018) for VA

Palo Alto Healthcare System after setting the requirement aside competitively for SDVOSBs. The competitive stage of the procurement took 2 ½ months from the time the solicitation was issued to time of award to allow a sufficient time to promote competition, conduct technical evaluations, and do a comparative analysis among the vendors. The government conducted a thorough evaluation looking at experience, recruiting/hiring, past performance, candidates, and price and found Ansible

Government Solutions, LLC had the best quote in comparison to the other vendors. Given how recent that procurement was in relation to this one, the Government does not expect the market conditions would be significantly different. Moreover, the hospital in Las Vegas has immediate needs for the technologists as the hospital must sometimes turn away emergency patients due to a lack of staffing in that department. Engaging in a competitive procurement would add approximately

2 ½ months as a best case scenario to the acquisition process as opposed to awarding the action on a non-competitive basis. There is a real possibility that a competitive process would take several months longer in the case of a protest. Consequently, it is in the best interst of the Government to meet the immediate need by utilizing the statutory authority to negotiate on a sole source basis to a

SDVSOB that recently demonstrated through a highly competitive process that it is fully capabale of meeting the Government’s needs at a fair and reasonable price.

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

Ansible Government Solutions, LLC, Ghost RX and Loyal Source indicated an interest in response to market research conducted by VASNHCS. These and other potential sources may be considered for any future competitive procurements.

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:

The instant procurement will result in a one year contract to fulfill an immediate need. Subsequently, the Government will be able to procure a long-term contract through competitive processes.

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.

Melissa A. Palmer Date

Chief of Radiology

VA Southern Nevada Healthcare System

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.

Felicia A. DeMita Date

Contracting Officer, NCO 21

January 23, 2019 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

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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.

Brooke C. Robison Date

Director of Contracting, NCO 21

c. VHA SAO 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.

Curtis M. Jordan Date

Acting Executive Director, SAO West

VHA Head of Contracting Activity (HCA)