JA Radiology Techs Bridge_27 Mar 23.docx1.docx-redacted.pdf

CUI/Procedure Control Number 23-RHCO-C-246

Sep 2021

FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items – Sole Source Justification and Approval

1. Contracting Activity: Medical Readiness Contracting Office – West, JBSA Ft. Sam Houston TX.

2. Description of Action: MRCO-W intends to issue a non-personal services sole source bridge contract for Various Radiology Technologists (18) full time contractor employees for The Department of Radiology, Brooke Army Medical Center (BAMC).

This contract will be a firm fixed priced non-personal services contract with Saratoga Medical Center, Inc. The Government projects award on or about 31 March 2023 FY23 DHP Funds.

3. Description of Supplies/Services: The Medical Readiness Contracting Office has a requirement to continue non-personal services for (18) FTEs Various Radiology Technologists for The Department of Radiology which performs over 16,000 radiologic studies on a monthly basis. Over 14 different medical sections to include Emergency Room, Critical Care, Operating Room 28 OR Suites, 3 Outlying Clinics, Outpatient Clinics, 4 Trauma Rooms and 425 Bed Medical Treatment Facility. If not approved we will not be able to provide radiologic Imaging Services to many patients care sections, to include Emergency Room, Operating Room, Inpatient and Outpatient Care. Period of Performance 1 April 2023 - 31 January 2024. The total estimated acquisition cost for this ten-month interim contract is $2,231,660.50. There will be no change in the scope of services being provided under this interim contract as compared with the current contract.

4. Authority Cited: The statutory authority permitting other than full and open competition is 41 United States Code (USC) 1901 as implemented in Federal Acquisition Regulation 13.501(a)(1)(ii), sole source under the authority of the simplified procedures for certain commercial items.

5. Reason for Authority Cited:

a. This requirement is a sole source acquisition and only one responsible source can satisfy agency’s requirements. An award delay of an interim contract for diagnostic radiologic technologist services is unacceptable and would significantly impact, and thus jeopardize, the mission of providing BAMC, Department of Radiology with diagnostic radiologic technologist services.

b. Contract W81K00-18-F-0097 was set to expire on 30 Sep 2022. Prior to expiration of the contract, on 7 Sep 2022, the government exercised FAR Clause 52.217-8 for 3 months in order to continue receiving services from 1 Oct 2022 – 31 Dec 2022. A second extension was exercised pursuant to FAR Clause 52.217-8, on 28 Dec 2022, to provide services from 1 Jan 2023 – 31 Mar 2023. No additional extensions may be made under the existing contract.

c. The current contractor, Saratoga Medical Center, Inc., is the only logical and responsible contractor with the management, structure, experience, and resources already in place to adequately perform these essential diagnostic radiologic technologist services for the interim period beginning 1 Apr 2023. It is essential that diagnostic radiologic technologist services continue without disruption and any source other than the incumbent would cause unacceptable delay that would negatively impact the BAMC mission and patient care.

d. Due to the complexity of this requirement, a determination was made to award an interim contract for a ten (10) month period in order to complete the competitive follow-on action. The follow-on PR packet has not yet been received by MRCO-W, Regional Contracting Support Branch. The planned period of performance for the competitive follow-on action has changed. As a result, the customer is currently revising the IGCE, and all other documents required for the competitive follow-on action. The 10-month contract for interim services will allow sufficient time for submission of the PR packet, completion of the competitive source selection, and will allow the follow-on contract to remain off-cycle. A lapse in service would have an immediate negative impact, and mission failure in the Department of Radiology at BAMC. The department does not currently have sufficient government staff in this specialty to provide the services to absorb the negative impact that a lapse in services would cause. The incumbent contractor, Saratoga Medical Center, Inc., can provide uninterrupted services immediately following this award, which results in no disruption or delay in patient care.

In addition, Saratoga Medical Center, Inc. currently has the staff with the required certifications/training already in place to perform services.

6. Efforts to Obtain Competition: Based on information in paragraph 5 above, competition for this action is not feasible. As such, no other efforts will be made to obtain competition (except for the follow-on competitive five-year contract) as only the incumbent can provide the diagnostic radiologic technologist services prior to the expiration of the current contract. The current contract was competed as a 100% Small Business set-aside. There is no other vendor capable of continuing the services for the short-term bridge contract within the timeframe specified without a disruption of services.

7. Actions to Increase Competition:

a. Effective competition. It is not possible to compete the proposed interim contract in time for services to commence on 1 Apr 2023. However, the follow-on re-procurement is a competitive action. A redacted copy of the Justification and Approval for the proposed interim contract will be posted following award.

b. Subcontracting competition. In accordance with FAR Subpart 19.705-2(b)(1), Subcontracting plans are not required from small business concerns. According to the System for Award Management (SAM), the incumbent contractor, is a Small Business and a sub- contracting plan does not apply.

8. Market Research: Market Research was conducted on 23 February 2023. SBA research reveal that there are capable service providers in the market who currently provide these services, however, in this instance, award to any other vendor, rather than the incumbent, would be detrimental to the Radiology Technologists services at BAMC, the DoD, and all beneficiaries, resulting in unacceptable delays and service disruption.

9. Interested Sources: There are interested sources for this requirement;

however, these sources are not being considered for the interim contract due to the short timeline required to certify and train staff and security clearance/background checks. Competing this requirement at this time will cause an interruption in very critical services, which could cause harm to soldiers and civilians that would not be in the best interest of the government. It will cause complete mission failure to this mission. It is in the best interest of the government to award the interim contract to the current contractor; is currently providing services and will be able to continue performing services without disruption to the Department of Radiology at JBSA Fort Sam Houston, Texas. A Notice of Intent to award a sole source contract was posted on 6 March 2023 with a closing date of 10 March 2023 on h ttps://beta.sam.gov.

10. Other Facts:

a. Procurement history. The current contract was solicited as a small business set-aside to provide non-personal Radiology Technologists (18 FTE) Services to BAMC. Current

(1) Contract number and dates of current award: W81K00-19-F-0418

(1 October 2018 – 31 March 2023)

(2) Competitive Status of these actions: Competed 100% Small Business Set- Aside.

(3) Authority previously cited if less than full and open competition was used: N/A

(4) If a justification was prepared to support the procurement made before this one, a summary of the contents of paragraph 7 of the justification for that procurement and an explanation of the results. N/A

(5) If any prior contract for this requirement was accomplished using full and open competition, include a detailed explanation of the changed circumstances causing this action to now limit the sources. N/A

(6) An explanation of any unusual patterns that may be revealed by the history, e.g., several consecutive, urgent buys. N/A

(7) If a justification was prepared to support the procurement made before this one, briefly describe the circumstances justifying the procurement and whether there have been any significant changes. N/A

(8) Other facts. N/A.

11. Technical Certification:

I certify 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.

Signature:

Typed Name: Annette Martinez Title: Contracting Officer Representative

12. Requirements Certification:

I certify 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.

Typed Name: Annette Martinez Title: Contracting Officer Representative

13. Fair and Reasonable Cost Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable. Fair and reasonable pricing will be determined by using price analysis and the Independent Government Estimate. As part of the basis certified cost or pricing date is not required per FAR 15.403-1(b)(3).

Typed Name: Derrick J. Johnson Title: Contracting Officer

14. Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Typed Name: Derrick J. Johnson Title: Contracting Officer

Based on the foregoing justification, I hereby approve the procurement of to provide non-personal Radiology Technologists (18 FTEs) Services in support of the Brooke Army Medical Center (BAMC), not to exceed $2,231,660.50, on an other than full and open competition basis pursuant to the authority of 41 U.S.C. 1901 as implemented in FAR 13.501, sole source under the authority of the simplified procedures for certain commercial items", subject to availability of funds, and provided that the services and property herein described have otherwise been authorized for acquisition.

Typed Name: Kerry A. Alvarenga Title: Special Advocate for Competition