C01 - Approved SSJA to FBO.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) for

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C252-20-AP-2334

1. Contracting Activity: Department of Veterans Affairs, Network Contract Office 12, Great Lakes Acquisition Center (GLAC), on behalf of the Captain James A. Lovell Federal Health Care Center (FHCC), 3001 Green Bay Road, North Chicago, IL 60064-1476; Jesse Brown VA Medical Center (JB), 820 South Damen Avenue, Chicago, IL 60612-3728; and Clement J. Zablocki VA Medical Center (Milwaukee), 5000 West National Avenue, Milwaukee, WI 53295-0001. This is a justification for Other than Full & Open Competition. Purchase Request: TBD.

2. Nature and/or Description of the Action Being Processed: Sole source Nursing Services contract for the aforementioned VA facilities in response to COVID-19 National Emergency to Nursepower Services, Corp., 9715 Southwest Hwy, Oak Lawn, IL 60453. The resultant contract will be a firm-fixed price Indefinite Delivery, Indefinite Quantity contract.

FAR 13.5 Simplified Procedures for Certain Commercial Items: This is a sole Source Justification 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 Services Required to Meet the Agency’s Needs: Due to the COVID-19 National Emergency, Nursing Services at the above VISN 12 VA medical facilities are preparing for an increased number of patients and as such is urgently requiring additional Med/Surg and ICU Registered Nurses as noted below.

3 Med/Surg RNs at FHCC 3 ICU RNs at Milwaukee 5 ICU RNs at JB 8 Med/Surg RNs at JB

The surge in patients is expected within the next two weeks; thus, the period of performance will be from the date of award (anticipated April 23, 2020) through October 31, 2020. Nursing services are provided 24-hours a day, seven (7) days a week, including weekends and federal holidays.

The estimated value of this procurement is $2,822,707.20.

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 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).

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above: An urgent requirement for contract nursing services exists to augment VA permanent staff in the anticipated surge in patients at the aforementioned VISN 12 VA medical facilities, specifically within the next two weeks up to six months due to the COVID-19 pandemic. The RNs are required to complete the credentialing process, obtain appropriate security clearance and badges, and if possible, orient to the facility and floor prior to the surge. Therefore, contract staff must be identified and selected immediately. Also, as FAR 18.203 indicates, preference will be given to local firms when contracting for emergency assistance activities when the President has made a declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

Nursepower Services Corp, a Service-Disabled Veteran-Owned Small Business (SDVOSB), is a local firm to the VISN 12 facilities wherein services are required. Nursepower Services, Corp. has identified qualified Registered Nurses to fulfill the needs above. The VISN 12 VA facilities have been identified as overflows for local civilian hospitals as well. Any delay in contract award will have an adverse impact to Veteran, and possibly civilian, patient care due to lack of Registered Nurses.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: There is an imminent requirement for these nursing services. The Contracting Officer conducted market research and identified Nursepower Services, Corp. as having the resources and capability to provide critical patient care services.

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

Reasonable: The anticipated cost of the contract will be determined fair and reasonable based on favorable comparison of other firms’ pricing and market research.

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

Market Research Was Not Conducted: The Contracting Officer has a reasonable expectation that two or more SDVOSBs will submit offers and that award can be made at a fair and reasonable price, thus VA’s Rule of Two has been met. However, due to the urgency of the requirement, limited market research was performed and SDVOSB firm Nursepower Services, Corp., has been identified as having the resources and capability to perform the required critical patient care services.

Market research was conducted via VetBiz (VIP), Federal Supply Schedule (FSS), and internet searches. A VIP search was conducted using the keyword “Registered Nurse” and locations of Illinois & Wisconsin. Six companies, including Nursepower Services Corp came up in the search. One vendor appears to have a limited number of employees and another does not appear to provide services in Illinois. The three other companies have not expressed interest in and/or responded to solicitations for VISN 12. Based on the offered prices above and internet searches, the pay rates for RN services had increased 60-100+% for the COVID-19 pandemic than they were just two months ago.

Considering this information, it was also determined that FSS contracts could not be utilized because of the significant increase in hourly rates above the contracted ceiling amounts.

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

Services Corp is a verified SDVOSB in the VIP website. In accordance with VAAR 819.7007, Contracting Officers may make a sole source award to a SDVOSB up to $5,000,000.00. Based on the hourly rates described above, Nursepower Services Corp. offers the most advantageous pricing to the Government. As the COVID-19 pandemic spreads across the United States, there will be more of a demand for Registered Nurses; proceeding with an award to lock in these qualified candidates for VISN 12 is of critical importance to ensure the well-being of VA patients and staff.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Nursepower Services Corp. (SDVOSB), Loyal Source (Large), and AB Staffing (Large).

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 services required: Onboarding these RNs will provide some rapid relief for the VISN 12 VA facilities. For any future actions, a Sources Sought Notice will be posted to the Contract Opportunities website.

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.

Shavetta Williams Date Quality Management Officer VISN 12 Network Office

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer Certification: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Becky Cincotta Date Contracting Officer

NCO 12

Williams, Shavetta R.

Digitally signed by Williams, Shavetta R.

Date: 2020.04.17 16:16:24 -05'00'

Becky L Cincotta 323993 Digitally signed by Becky L Cincotta 323993 Date: 2020.04.17 17:36:14 -05'00'

b. One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition.

Patrice R. Bond Date Medical Sharing Team Branch Chief

NCO 12

c. Division Chief: I certify the justification meets requirements for other than full and open competition.

Scott Ivy Date Division Chief NCO 12 Equipment, Medical Sharing, Services & Supply

d. Director of Contracting: I certify the justification meets requirements for other than full and open competition.

Paul M. Lauro Date Director of Contracting

NCO 12

e. 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 for other than full and open competition.

Terry L. Spitzmiller Date Executive Director Regional Procurement Office Central (VHA)

20 Apr 2020

Patrice R Bond 322020

Digitally signed by Patrice R Bond 322020 Date: 2020.04.17 17:43:47 -05'00'

Ivy, Scott A.

Digitally signed by Ivy, Scott A.

Date: 2020.04.20 05:56:59 -05'00'

Paul M. Lauro 1463508

Digitally signed by Paul M. Lauro 1463508 Date: 2020.04.20 11:38:22 -05'00'

4/20/2020

TERRY L.

SPITZMILLER

394683

Digitally signed by TERRY

L. SPITZMILLER 394683

Date: 2020.04.20 13:26:01 -05'00'