JOFOC_IAW_FAR6.302-5_VAAR_819.7008-7009 signed_Redacted.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 3 Revision: 04 Effective Date: 11/15/2024

DEPARTMENT OF VETERANS AFFAIRS

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

Acquisition Plan Action ID: 36C257-25-AP-4616 JOFOC LOG: FY25-NCO17-1682

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 17, 5441 Babcock

Road, Ste. 302, San Antonio, TX 78240.

2. Nature and Description of the Action Being Approved: The Contractor shall provide proper installation/setup of a mobile Magnetic Resonance Imaging (MRI) system and Technologist Services to include all the necessary personnel, supervision, equipment, transportation, materials, supplies, and training to perform the services as specified in the Statement of Work (SOW). The mobile MRI will be placed at 7901 Metropolis Drive, Austin, TX 78744, and will remain in a single location for a minimum of 12 months.

3. Description of Services Required to Meet the Agency’s Needs: The Contractor shall provide proper installation/setup of a mobile Magnetic Resonance Imaging (MRI) system and Technologist Services to include all the necessary personnel, supervision, equipment, transportation, materials, supplies, and training to perform the services as specified in the Statement of Work (SOW). The mobile MRI will be placed at 7901 Metropolis Drive, Austin, TX 78744, to remain in a single location for no less than 12 months.

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:

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

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

5. Demonstration that the Contractor’s Unique Qualifications of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

A unique factor for this requirement is the time it takes to obtain a Technologist with the necessary security access to perform their duties. It takes 6 to 8 weeks to get a technologist on board if they pass their background check; if not, the process starts over, creating longer delays. Each day of delay displaces 10-15 patients who need an MRI and have severe health conditions.

It is essential to award this short-term contract to a vendor with an MRI-ready system and with a Technologist available who already possesses the required security access which has already been vetted to perform work at the facility. IS Healthcare LLC offers an MRI and a Technologist who will meet this requirement. IS Healthcare is found responsible with respect to its past performance and is currently performing satisfactorily on similar contracts. The Contractor reflects satisfactory ratings in the Contractor Performance Assessment Reporting System (CPARS). Additionally, the contract for this requirement is not expected to exceed $ 5 million. As authorized by statute in 38 U.S. Code § 8127(c) and FAR 6.302-5 (b)(6) Sole source awards under the Veterans Benefits Act of 2003, and following the procedures in the Veterans Affairs Acquisition Regulation (VAAR) 819.7008, the CO may award Sole Source awards to a verified Service-Disabled Veteran Owned Small Business

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

Effective Date: 11/15/2024

(SDVOSBs) listed in the SBA certification database using other than competitive procedures. Price analysis techniques will be followed, IAW FAR 13.106-3(a), a fair and reasonable price can be determined by comparing quoted prices with prices found reasonable on previous purchases, and comparison with the IGE. This is a corrective action as a short-term solution to allow time to restart the procurement process, which includes packet preparation, allocating funds, resoliciting, reevaluating, and awarding a long-term contract in the future. The procurement process can take at least 9 -12 months due to the estimated amount exceeding Simplified Acquisition Threshold and the multiple required reviews needed to award a new contract. The CO determines that issuing a sole-source award to IS Healthcare LLC, a certified SDVOSB, is in the best interest of the Government, as authorized by statute.

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:

As part of the Veterans First Program, it is the Department of Veterans Affairs (VA) policy that small business concerns owned and controlled by veterans shall have maximum practicable opportunity to participate in VA acquisitions. The Contracting Officer (CO) determines it is in the best interest of the Government to sole-source this requirement to IS Healthcare LLC, a small business concern owned and controlled by a service-disabled veteran. The justification prepared according to FAR 6.302-5 will be posted following FAR subpart 5.301(d)(1) Contracts awarded using other than full and open competition in accordance with 6.305.

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

Price analysis techniques will be followed by FAR 13.106-3(a). A fair and reasonable price can be determined by comparing quoted prices with those found reasonable in previous purchases and comparing them with the IGE.

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

Market Research Was Not Conducted: IS Healthcare LLC meets the eligibility criteria outlined in VAAR 819.7003(DEVIATION), they are certified in DSBS.SBA.gov, and the action is below the $5M threshold. This action is authorized by statute at 38 U.S. Code § 8127(c).

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: “None” and restate the authority under 38 USC 8127(c).

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: IS Healthcare LLC. EUID:

QAVDGD8VNEK6.

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:

Market Research will be conducted for future acquisitions. Options include creating a National Contract for MRI lease trailers with Technologist Services. Industry days can be hosted to inform interested vendors about upcoming requirements for MRI leases and Technologists.

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

Effective Date: 11/15/2024 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:

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

Contracting Officer

NCO 17

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.

Sandra M. Norton Branch Chief Network Contracting Office 17 VHA Regional Procurement Office West (RPOW)