JandA -- teleradiology sole source.pdf

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C263-24-AP-4816

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C263-24-AP-4816

1. Contracting Activity: Department of Veterans Affairs, VISN 23: Network Contracting

Office 23 for VA Black Hills Health Care System (VABHHCS); 568-24-4-2221-0296 and 568-25-1-2221-0002

2. Nature and/or Description of the Action Being Processed: New six-month, firm-fixed-price, indefinite-quantity contract for teleradiology provider services (estimated total of 7,833 imaging exam reads)

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

Exam Modality

Est Qty

X-ray 6,476

CT 479

MRI 0

Ultrasound 878 Total 7,833

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

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

(x) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

(x) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by 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):

Unusual and Compelling Urgency (FAR 6.302-2): Remote Radiologist contract is pertinent to continue daily hospital operations at VABHHCS while we continue our recruitment process to backfill our two vacant Radiologist positions. Without this contract it puts patients at risk being seen at VABHHCS to be safely treated as radiology exams have a tendency of going unread for an extended period of time without this contingency. It is

VHAPG Part 806.3 OFOC Page 2 of 4

Acquisition ID#: 36C263-24-AP-4816 crucial to get this service up and running ASAP which directly impacts patient safety and continuity of care.

Authorized or Required by Statute (FAR 6.302-5): 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5, allows COs to use the non-competitive (sole source) procedures authorized in VAAR 819.7008, Sole source awards to a certified service-disabled veteran-owned small business (DEVIATION), up to $5,000,000. The SDVOSB concern has been determined to be a responsible source with respect to performance, and the business meets eligibility requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Given the unusual and compelling urgency to the requirement (see Item 5 above), the CO contacted the one SDVOSB per DSBS that provides teleradiology services (see Item 8 below), and that SDVOSB replied to the effect that it would be interested in and capable of filling the requirement.

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

Reasonable: VHA has not only the NTP but also multiple teleradiology contracts, some of which are held by the one SDVOSB per DSBS that provides teleradiology services (see Item 8 below), and cost will be deemed fair and reasonable if proposed pricing falls in line with pricing on those.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Given the unusual and compelling urgency to the requirement as described above in Item 5, market research consisted primarily of a search of DSBS for certified SDVOSBs with NAICS code 621111, Offices of Physicians (except Mental Health Specialties), and keyword “teleradiolog” which produced two results, only one of which had current SDVOSB status. A similar search of VOSBs produced no results.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: n/a

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The CO contacted the one SDVOSB per DSBS that provides teleradiology services (see Item 8 above), and that SDVOSB replied to the effect that it would be interested in and capable of filling the requirement.

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: With a six-month contract in place to cover the short-term need, the intention is to assess immediately whether facility foresees a need for teleradiology services beyond that time. If so, CO will have time to perform more intensive market research, and any follow-on contract will be solicited as either a set-aside (e.g., SDVOSB, SB) or unrestricted based on market research findings.

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.

VHAPG Part 806.3 OFOC Page 3 of 4

Nicholas Christensen Diagnostic Imaging Manager Black Hills Health Care System

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

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

Ray Holman Contracting Officer

NCO 23

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

John Becker Branch Chief

NCO 23

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)

d. VA Senior Procurement Executive Approval (over $75 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

VHAPG Part 806.3 OFOC Page 4 of 4

Name Date Executive Director Office of Acquisition and Logistics Senior Procurement Executive (SPE) Department of Veterans Affairs