P03 - JA Cetechs UC.pdf

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 01 Effective Date: 01/01/2023

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C263‐23‐AP‐0823

1. Contracting Activity: NCO 23 acquisition for CT technologist services at the Iowa City VAMC.

2237: 636‐23‐1‐4022‐0225

2. Nature and/or Description of the Action Being Approved: The requirement is for four CT technologists at the Iowa City VAMC for six months starting ASAP. This is being awarded as a new unusual‐and‐compelling urgency sole source firm‐fixed‐price contract.

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

1,040 scheduled hours for each of four CT technologists (4,160 scheduled hours total), and for 3,300 hours of on‐call services, of which an estimated 300 hours are expected to be for call‐back services.

Additionally, the IGCE includes sub‐LINs for 183 days of travel, lodging, and per diem for each of the four CT techs due to the presumption contractor employees would be “travelers” from outside the commuting area. The total estimated cost for this requirement is $438,296.00 and represents one six‐month Base Period starting ASAP without additional Option Periods.

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 or 819.7009 up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a verified service‐disabled veteran‐owned small business ( ) 819.7009 Sole source awards to a verified veteran‐owned small business

Additionally, 41 USC 3304(a)(2) as implemented by FAR 6.302‐2 provides an additional rationale for OFOC: the unusual and compelling urgency of the requirement. Half of the Iowa City VAMC’s CT technologist staff have tendered notice and departed since last fall, and CT scanning plays a vital role in the facility’s ability to provide quality inpatient and outpatient care. At present, the facility is operating with only one CT scanner due to staffing (usually running two scanners), and the CT technologists present to keep that one scanner in operation are largely drawn from other VAMCs, leaving gaps in other VAMCs’ staffing. The reduced CT scanning capability has an extremely negative, bordering on catastrophic, impact on the Iowa City VAMC’s ability to provide quality health care to the nation’s Veterans, and crisis has been kept at bay only by drawing CT technologists from other VAMCs, causing a chain reaction of staffing issues throughout the VISN.

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): Sole source awards to an SDVOSB are allowed under 38 U.S.C. 8127(c), and this SDVOSB concern has been determined to be a responsible source with respect to performance. Additionally, the business meets eligibility requirements in 819.7003 as it is a small business concern under NAICS code 561320, and it is listed as a verified SDVOSB at veterans.certify.sba.gov.

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

Effective Date: 01/01/2023

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 requirement was originally intended to be filled by an SDVOSB sole source contract to one of seven potential contractors that replied to the first Sources Sought. That potential contractor was ultimately unable to procure four CT techs, and no contract was awarded. A second Sources Sought was posted, and six additional potential contractors replied to state an interest. Based on those replies, an SDVOSB set‐aside solicitation was issued, to which we received four proposals from four offerors from whom we had not yet heard. From those four, we elected to award to InSync, only to discover that InSync, too, was unable to provide the contracted CT technologists. That contract was ended with a no‐cost settlement, and we made the decision to award as an SDVOSB sole source to Cetechs due to the unusual‐and‐compelling urgency of the situation.

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

Reasonable: The cost of this requirement was deemed fair and reasonable inasmuch as the total cost of the sole source contract awarded was in line with total costs from proposals submitted in reply to the SDVOSB set‐aside solicitation that were fair and reasonable based on competition.

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

Market Research Was Not Conducted: Market research was accomplished before the initial attempt at a sole source award, and subsequent Sources Sought and solicitation added to the existing findings. In other words, market research for this requirement was not accomplished per se, but knowledge gleaned from previous efforts at filling this requirement served to guide our decision.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None; use of OFOC in accordance with 38 USC 8127(c).

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

AB Staffing AHS Staffing A‐Team Solutions Cetechs DAX EGA FAR Group Frontline Innovative Systems Ghost Rx Hamilton Staffing InSync Just‐in‐Time Millbrook Regency ServConnTech Synergy Staffing

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: N/A;

subsequent acquisitions for this service are not anticipated.

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.

Ray Holman Date Contract Specialist

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3

Effective Date: 01/01/2023

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.

Matthew Dale Date Contracting Officer

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.

Chara Collins Date Branch 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.

Name Date VHA Head of Contracting Activity (HCA)