JA_VAAR_819.7008-7009_Nurse Scheduling Sftwr_Cabanting_DoC_HCA.pdf

Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 4 Revision: 03 Effective Date: 06/15/2024

ACQ-PLAN: 36C255-25-AP-0632

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C255-25-AP-0632

1. Contracting Activity: Department of Veterans Affairs, VISN 15, Network Contracting Office (NCO)

15, 3450 S 4th Street Trafficway, Leavenworth, KS 66048, in support of the following VISN 15 VA Medical Centers:

• Kansas City VAMC, 4801 Linwood Blvd., Kansas City, MO 64128

• Harry S. Truman Memorial Veteran’s Hospital, 800 Hospital Dr., Columbia MO 65201

• Colmery-O’Neil VAMC, 2200 SW Gage Blvd., Topeka, KS 66622

• Dwight D. Eisenhower VAMC, 4101 S. 4th St., Leavenworth, KS 66048

• Robert J. Dole VAMC, 5500 E. Kellogg, Wichita, KS 67218

• John J. Cochran VAMC, 915 North Grand Blvd., St. Louis, MO 63106

• Jefferson Barracks VAMC, 1 Jefferson Barracks Dr., St. Louis, MO 63125

• Marion VAMC, 2401 West Main Street, Marion, IL 62959

• Evansville Health Care Center, 6211 E. Waterford Blvd., Evansville, IN 47715

• John J. Pershing VAMC, 1500 N. Westwood Blvd., Poplar Bluff, MO 64128

2237 #: 589-25-4-2559-0004

2. Nature and/or Description of the Action Being Approved: The intent is to award a new requirement for a Firm-Fixed-Price, sole source contract to the Original Equipment Manufacturer and the only Authorized Service Provider, AcuStaf Development Corporation (AcuStaf), for the support services/updates to the Nurse Schedule Staffing system software.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This requirement is to provide service support/updates to the VISN 15 Nurse Schedule Staffing system software, currently in use at all the above-mentioned VISN 15 facilities for the care of Veterans.

Total estimated value $2,575,620.00 is for a 12-month Base Period and four, 12-month, Option Periods as follows:

Base Period: 09/15/2025 to 09/14/2026 Option Period 1: 09/15/2026 to 09/14/2027

Option Period 2: 09/15/2027 to 09/14/2028

Option Period 3: 09/15/2028 to 09/14/2029

Option Period 4: 09/15/2029 to 09/14/2030

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 4

Effective Date: 06/15/2024

ACQ-PLAN: 36C255-25-AP-0632

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 (DEVIATION) or VAAR

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

( ) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or

(X) 819.7009 Sole source awards to a certified veteran-owned small business

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):

The marketplace for staff scheduling software that meets the needs of the VA’s Staffing Methodology Directive is extremely limited and only one vendor, AcuStaf, has the HLD7 that interfaces with the VA’s Veterans Health Information Systems and Technology Architecture (VISTA) program.

If the Government were to award a new Nurse Staff Scheduling System, the Government would not retain any value as the existing network architecture and configurations that support the robust proprietary software and equipment for the current system would have to be completely replaced.

The complete replacement of the entire system would cost an estimate of $10,200,000.00; which does not include the service/support costs or the installation, for a system that is already in place and proven to operate effectively and reliably.

AcuStaf has provided a letter stating that their labor management software, licensing and support are proprietary in nature and no other vendor is authorized to provide this type of requirement.

AcuStaf offers a comprehensive, enterprise-wide Labor Management Solution that includes staff scheduling, real-time staffing, workload integration, time and attendance, budget management, employee certification tracking, timekeeper validation, extensive reporting, and business analytics.

Our solution supports Veterans Health Administration Directive 1351, which incorporates VHA Directive 2010-034, to secure an evidence-based system to support its National process to determine appropriate levels of nursing staff.

The authority allows sole source awards to VOSB based on 38 U.S.C. 8127(c) and the VOSB, AcuStaf, concern has been determined to be a responsible source with respect to performance.

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: The CO posted a Special Notice of Intent to Sole Source, January 23, 2025, and there were no responses. AcuStaf did not respond.

AcuStaf did provide a sole source letter stating they sell directly to the VA via their GSA Contract, GS35F0408X, and no other third-party vendors are authorized to sell or service/support their products. There was only one Veteran owned concern found that can provide this requirement.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: A fair and reasonable price determination will be made by comparison to the Independent Government Estimate that was formulated by researching competitive historical pricing data.

https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 4

Effective Date: 06/15/2024

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

Market Research Was Not Conducted: Pursuant to FAR Part 10, VAAR Part 810 market research was conducted. The CO searched the SBA VetCert database using NAICS 541519 and found 4,745 Veteran owned businesses. However, only one Original Equipment Manufacturer (OEM), Authorized Distributor and Service Provider, VOSB concern, AcuStaf, is capable of providing this requirement.

The CO also searched the SBA DSBS database using NAICS 541519 and found 89,816 profiles, of which, only one VOSB concern, AcuStaf, is capable of providing this requirement. The OEM, AcuStaf provided a Sole Source Letter.

The CO also searched:

• Searched UNICOR/Federal Prison Industries using keyword “Nurse Staff Schedule Software” – with no results.

• Searched the National Acquisition Center using keyword “ Nurse Staff Schedule Software” – with no results.

• Searched the Office of Procurement Acquisitions and Logistics (OPAL) SharePoint using keyword “ Nurse Staff Schedule Software” – with no results.

• Searched GSA: Contract GS-35F-0408X with the SBA VetCert and SBA DSBS Certified VOSB vendor, AcuStaff.

Additionally, The CO posted a Special Notice of Intent to Sole Source, February 25, 2025, and there were no responses. The OEM, AcuStaf did not respond.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None.

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 Requiring Activity will re-evaluate during the period of performance of this requirement to perform market research and obtain information about new innovative technology (e.g. faster speed or better-quality output) and if the market has more Veteran Owned business’ that can provide any of this new technology.

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:

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.

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.

https://www.acquisition.gov/?q=/browse/far/10 https://www.va.gov/oal/library/vaar/vaar810.asp https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 4 of 4

Effective Date: 06/15/2024

Teresa Cabanting Contracting Officer Network Contracting Office 15

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.

Andrew J. Raiber, CPCM Director of Contracting

Network 15 Contracting Office (NCO15)

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.

Daryl A. Berg Executive Director, RPO Central VHA Head of Contracting Activity (HCA)