JandA -- Urgency.pdf

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C263-22-AP-3961

Contracting Activity: Department of Veterans Affairs, Network 23 Contracting Office for Iowa City VA Medical Center Hem/Onc (Specialty Medicine) – 2237: 636-23-3-4081-0035

1. Nature and/or Description of the Action Being Processed: This procurement is for Hematology/Oncology provider services 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. This is a sole source acquisition based on unusual-and-compelling urgency for a new firm-fixed-price contract.

2. Description of Supplies/Services Required to Meet the Agency’s Needs: 1,040 hours of

Hematology/Oncology Provider Services over the course of six months (1.0 FTE).

3. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

(x) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

4. 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 – An unrestricted solicitation for a long-term contract yielded only one proposal, and that proposal was invalid inasmuch as it did not meet the minimum number of MDs required. For a short-term requirement, however, this prospective contractor was well-placed inasmuch as it had an MD who was both interested and available in the assignment, and experience with other short-term requirements has proven having qualified staff on hand is the one key factor that is most difficult to achieve (i.e., highly unlikely another contractor would be found who could quickly provide a qualifications package for an MD prepped to start ASAP).

5. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Following closely on the heels of a Sources Sought, this requirement had been posted as an unrestricted solicitation for 30+ days, producing only one (invalid) offer from the prospective sole source contractor.

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6. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Contract cost is 30% above IGCE; however, recent experience with short-term locum contracts is that such a premium is presently the norm. On one contract for which cost is closer to IGCE, contractor is finding it difficult to find and keep key personnel inasmuch as they are being lured away by more lucrative prospects. On another (similar) contract, a cost roughly 2/3 above the IGCE quickly produced (and kept) the needed key personnel.

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

Market Research Was Not Conducted: An unrestricted solicitation for a long-term contract was posted for more than 30 days, resulting in one proposal received from the sole source contractor.

The market research for that centered on local facilities, but market research accomplished this time last year for a short-term contract, presumably with FSS contract holders, produced few interested sources, largely due to the requirement of supervising residents/fellows. Ultimately this requirement was satisfied on a short-term basis as this one is being now: as an unusual-and-compelling urgency sole cource contract.

8. Any Other Facts Supporting the Use of Other than Full and Open Competition: Staffing for the Iowa

City VAMC Hem/Onc clinic is supposed to be a total of 2.75 FTE (clinical) spread among eight MDs.

At present, three MDs are staffing a total of 1.25 FTE (clinical), resulting in reduced capabilities in a specialty critical to Veterans undergoing cancer treatment, and there is a significant concern that burnout among these three MDs will lead to additional departures that will only aggravate an already dire situation.

9. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The sole Offeror sending a proposal in reply to the unrestricted solicitation, LocumTenens.com, is the prospective sole source contractor.

10. 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 University of Iowa, the local educational affiliate, has indicated that it is now able to provide these services with a sole source affiliate contract, the preferred route for requirements such as this, and the procurement package for a follow-on (long-term) contract will be prepared once this short-term contract is in place.

11. 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 Contract Specialist NCO 23 Healthcare Team 2

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12. 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.

Sara Hanson Contracting Officer

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.

Chara Collins Branch Chief