JOFOC - Histology Technician.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-23-AP-0188

1. Contracting Activity:

Department of Veterans Affairs, Regional Procurement Office (RPO) East, Network Contracting Office (NCO) 2, Buffalo VA Medical Center, 3495 Bailey Ave., Buffalo, NY 14215 procuring the request in Veterans Integrated Service Network (VISN) 2.

2. Nature and/or Description of the Action Being Approved:

Network Contracting Office (NCO) 2 intends to award a sole source contract to Ghost RX a Service-Disabled Veteran Owned Small Business (SDVOSB), registered in the Vendor Information Pages (VIP) for Temporary Histology Technician Staffing Services. This effort will be in support of the Buffalo VA Medical Center while VA permanent recruitment continues to fill vacancies. This requirement seeks to fill 1 full-time equivalent (FTE) vacancies on a temporary basis for a base period of six months with three (3) six-month option.

The proposed sole source contract is for a Firm Fixed Price (FFP) Indefinite Delivery, Indefinite Quantity (FFP IDIQ) with a six-month base period and three (3) six-month option period. The anticipated award date is December 01, with an effective date of December 1, 2022. The anticipated base period of performance is December 1, 2022 – March 31, 2023, with the option to extend services should there continue to be difficulty recruiting, hiring, and onboarding permanent VA staff at these locations.

In accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, 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.

The Buffalo VA Laboratory Service Line submitted Purchase Request Number 528-23-1-4617-0007 for the amount of $ 95,534.00 and has confirmed additional funding is available to cover the anticipated cost of the base year of this requirement.

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

The Buffalo VA Medical Center has experienced staffing levels in the Laboratory Department that are low due to extended medical leave/Family Medical Leave Act (FMLA) absence, retirements, transfers, resignations, and terminations. A robust recruitment process has been in progress, but the hiring lag time is a factor in getting qualified staff on board. From the time a position becomes vacant, to the time a position is filled, it takes approximately 80 to 120 days, or longer. To continue to provide Histology services to our Veterans 24 hours/7 days a week during this staffing shortage, the Laboratory Department has been utilizing voluntary and involuntary overtime to permanent VA employees, which results in increased workload in those areas and decreased satisfaction, in addition to greatly impacting the overtime budget.

The Buffalo VA Medical Center has had to consider limiting clinic availability and referring some Veterans to outside providers for testing due to staffing shortages in the Laboratory Department. Providing these services through community providers instead of at VA disrupts continuity of care with VA providers and can cause a delay in critical services. Temporary

Rev:13 Effective Date: 02/01/2022

Subj: Request for SDVOSB/VOSB Sole Source Justification >SAT 36C242-23-AP-0188 staffing is needed to fill the gaps between vacancies and on-boarding of permanent Laboratory staff to prevent a lapse in necessary care to Veteran beneficiaries and prevent staff fatigue and exhaustion.

Due to the amount of time it takes to on-board and train VA Histology Technicians it is felt that this timeframe will offer VA efficiency and well-trained contract staff as recruitment activities continue. It is expected that staffing needs will likely change throughout the year as permanent VA hires are made. The resulting contract will need to allow variation in the number of hours required, so an IDIQ contract is best suited to meet this need. In accordance with 38 USC § 8127(c), the contract maximum will not exceed $5,000,000.00.

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 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(X ) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified 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):

Pursuant to 38 U.S.C. § 8127(c) a sole source award to a SDVOSB concern is authorized where the SDVOSB concern is determined to be a responsible source with respect to performance of the contract; the anticipated award will exceed the simplified acquisition threshold but will not exceed $5,000,000; and the contract award can be made at a fair and reasonable price that offers best value to the United States. Ghost RX , SAM UEI (ZF3FU6YEXKE8) is a verified SDVOSB by the Center for Veteran Enterprise (CVE) on the Vendor Information Pages (VIP), last verified on 11/25/2022, with an expiration date of June 17, 2023. Additionally, Ghost RX has performed satisfactorily on contracts for health care staffing contracts both within Veterans Integrated Service Network (VISN) 2 and with other VA locations.

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 subpart 5.2 and, if not, which exception under 5.202 applies:

This action is to fulfill a need for the procurement of temporary Histology Technician staffing services for one six-month base period with three (3) six-month options. It is not anticipated that the services will be needed longer than one year. If additional services are required, they will be procured on a competitive basis.

A search was conducted in VIP for both SDVOSBs and VOSBs under NAICS 561320 – Temporary Help Services resulting in the identification of 811 SDVOSBs and 101 VOSBs. It was impossible to determine whether the identified companies were capable of fulfilling the subject requirement as the NAICS code is very broad.

Due to the large number of results were received from the query, a Request for Information (RFI) was sent to one SDVOSB who has fulfilled this requirement before. There were no VOSBs contacted. No additional outreach was conducted to other types of businesses.

https://www.acquisition.gov/content/part-5-publicizing-contract-actions https://www.acquisition.gov/content/part-5-publicizing-contract-actions

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

The Contracting Officer will determine fair and reasonableness of the proposed prices through a comparison of those prices to the Independent Government Cost Estimate (IGCE), market research, and other available price analysis techniques in accordance with FAR 13.106-3(a)(2). The Government has ample recent pricing information available through other contracts for similar services to assist with this determination as temporary staffing services have been utilized extensively.

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

Statement of the Reasons Market Research Was Not Conducted:

NCO 2 conducts ongoing market research for temporary health care staffing firms to fulfill various staffing needs within VISN 2. Market research to identify sources has historically been conducted through the publishing of Sources Sought Notices on www.beta.sam.gov, review of Federal Supply Schedule (FSS) Professional and Allied Healthcare Staffing Services (Schedule 621i) and informal RFIs, as well as outreach among Health Care Resource (HCR) Contracting Officers both within NCO 2 and other NCOs that have temporary staffing requirements.

A search was conducted in VIP for both SDVOSBs and VOSBs under NAICS 561320 – Temporary Help Services resulting in the identification of 811 SDVOSBs and 101 VOSBs. It was impossible to determine whether the identified companies were capable of fulfilling the subject requirement as the NAICS code is very broad.

A search was conducted in SBA’s Dynamic Small Business Search using keywords “Histology Technician” and NAICS Code 561320 resulting in the identification of zero business’s meeting this requirement.

Recent market research has shown there are many SDVOSBs that provide Histology Technician staffing services, and there is typically interest from SDVOSBs regarding health care staffing requirements for this region. Of those vendors that express interest, the Contract Specialist’s knowledge of existing contracts provided insight about how well they have performed on current and prior staffing requirements in order to make an educated determination on the likelihood of success in fulfilling this requirement.

NAME OF ENTITY SDVOSB/VOSB GSA SCHEDULE RESPONSIVE

(Y/N)

GHOST RX, INC SDVOSB V797D-40232 YES

Award will be made to Ghost RX LLC they provided rates aligned with prevailing market rates and had very favorable past performance when they provided VISN 2 with physicians, medical technologists, medical laboratory technologists, morgue attendants, histotechnologists, RNs, LPNs, and CNAs. As a result of the award to Ghost, the following tasks were completed:

a. In a query of Center for Veteran Enterprise (CVE) on the Vendor Information Pages

(VIP), Ghost RX was listed as a verified Service-Disabled Veteran Owned Small Business.

http://www.beta.sam.gov/

b. In a review of the System for Award Management (SAM) website, Ghost SAM UEI (ZF3FU6YEXKE8) is listed as a small business under this requirement’s NAICS Code 561320 (Temporary Help Services) with Size Standard of $30.0M.

c. In discussion with Ghost RX it was confirmed that they foresee no difficulties fulfilling the described requirement expeditiously, especially with the inclusion of optional travel rates to utilize in the event they are unable to recruit local candidates.

d. Ghost meets the eligibility criteria outlined in VAAR 819.7003, they are verified in VIP and the action is below the $5,000,000 threshold.

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

None.

Pursuant to 38 U.S.C. § 8127(c) a sole source award to a SDVOSB concern is authorized where the SDVOSB concern is determined to be a responsible source with respect to performance of the contract; the anticipated award will exceed the simplified acquisition threshold but will not exceed $5,000,000; and the contract award can be made at a fair and reasonable price that offers best value to the United States. Ghost is a verified SDVOSB by the Center for Veteran Enterprise (CVE) on the Vendor Information Pages (VIP). Ghost Rx SAM UEI (ZF3FU6YEXKE8) has performed satisfactorily under other temporary staffing services contracts for services within VISN 2, as well as for other Veteran Integrated Service Networks.

Given the highly-specialized need for Histology Technicians it is in the best interest of the Government to fulfill the immediate need by utilizing the statutory authority to negotiate on a sole source basis with a VIP-verified SDVOSB.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:.

Based on the above responses, the Contract Specialist has the most confidence in Ghost since they have provided a significant number of medical professionals to VA during the last 18 months to support health care staffing requirements within VISN 2, the estimated rates for Histology Technician staffing are aligned with rates from similar contracts in other VISNs, and they have a relevant history providing DRT-CT staffing services. While the remaining respondents do have at least some experience with temporary staffing, I am highly confident that Ghost could fulfill this urgent, short-term low volume of Histology Technician staff (1 FTEs) in an expedient manner.

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:

This procurement will result in contract with a six-month base period and three (3) six-month option to fulfill a continuous need for temporary DRT-CT staffing services. In the event that Buffalo VA Medical Center is unable to hire permanent VA employees at the required levels, NCO 2 will work with the Buffalo VA Medical Center towards award of a competitive contract action for the stated requirement in order to minimize the need for future sole source requirements.

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.

Susan Stanko Date Medical Technologist , COR Buffalo VA Medical Center

13. 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.

Allan M. Preston Date Branch Chief, Health Care Resources Contracting Office, NCO 2

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Jadwiga Kustra Date Division Chief Contracting Office, NCO 2

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 $68 million) or approve ($700K to $68 million) for other than full and open competition.

Joseph P. Maletta Date Executive Director RPO East Head of Contracting Activity (HCA) https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx