Justification_and_Approval - TNCC-REDACTED.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition, and Logistics

Strategic Acquisition Center – Frederick 5202 Presidents Court, Suite 103

Frederick, MD 21703

Justification and Approval for Other than Full and Open Competition Federal Acquisition Regulation (FAR) Subpart 13.5 Simplified Procedures for Certain Commercial Items

Identification of the agency and the contracting activity.

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center - Frederick (SAC-F), on behalf of the (VA) Veterans Health Administration

(VHA).

Nature and/or description of the action being approved.

This activity proposes to negotiate a non-competitive award (sole-source) with Emergency Nurses Association (ENA), a large business, for provi of virtual Trauma Nursing Core Courses (TNCC) to support Simulation, Learning, Evaluation, Assessment and Research Network (SimLEARN –14HIL2) requirements ENA rovi instructor course fees, instructor on-line modules, and provider and instructor course materials for TNCC courses to be held virtually by VHA instructors hold ENA Certifications required for teaching TNCC. apacity 650 students be provide the materials and access VHA trainers require for participants to earn ENA Certifications.

The anticipated period of performance for the contemplated contract will be as follows:

Base Period:

Optional Tasks 1 & 2:

Option Period 1 :

12 Months from Date of Award (Estimated , 2022 – 2023) 12 Months from Date of Exercise of Optional Task(s)* 12 Months from Date of Award (Estimated )

Opt 1 Optional Tasks 1 & 2:

Option Period 2:

12 Months from Date of Exercise of Optional Task(s)* 12 Months from Date of Award (Estimated

Opt 2 Optional Tasks 1 & 2:

Option Period 3:

12 Months from Date of Exercise of Optional Task(s)* 12 Months from Date of Award (Estimated )

Opt 3 Optional Tasks 1 & 2:

Option Period 4:

12 Months from Date of Exercise of Optional Task(s)* 12 Months from Date of Award (Estimated )

Opt 4 Optional Tasks 1 & 2: 12 Months from Date of Exercise of Optional Task(s)*

*The Optional Tasks consists of providing additional course materials and access platform for instructors for TNCC trainings of up to 50 additional students per optional task.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The Trauma Nursing Core Course (TNCC), the TNCC course curriculum, skill stations, and certification is copyrighted by the Emergency Nurses Association (ENA). Specific TNCC certification is required for most nurses working in VAMC Emergency Departments across VHA. The purpose of the Trauma Nurse Core Course is to teach Registered Nurses core level knowledge, assessment, and psychomotor skills, which are defined as central or key elements of the multidimensional processes involved in the initial assessment and management of sick or injured patients. TNCC provides a foundation for integrated communication and collaboration in identifying and treating the sick or injured. The intent of TNCC is to help the nurse develop a rapid and accurate approach when caring for the ill or injured patient. The NAICS Code is 611430, Professional and Management Development Training, with a business size of $12M.

The proposed action is to provide TNCC training materials and virtual access for capacity of 650 students for the initial period, with an additional 50 per each of 2 optional tasks so that VHA instructors can provide the TNCC training virtually for participants to earn ENA Certifications required for performance of their duties with VHA.

The Statement of Work (SOW) for this requirement includes the resources necessary for the VHA to meet its strategic training goals and objectives in FY 2023 in training its nursing staff to meet requirements to hold ENA certifications.

The total estimated value of the proposed action is for the base period and for each of the option , for a total estimate of and is consistent with the previous prices paid by the Government for prior purchases of the same requirement from ENA that was also sole sourced.

4. An identification of the statutory authority permitting other than full and open competition.

IAW FAR 13.501 Special Documentation Requirements,

(a) Sole source (including brand name) acquisitions. (1) Acquisitions conducted under simplified acquisition procedures are exempt from the requirements in part 6. However, contracting officers must-

(ii) Prepare sole source (including brand name) justifications using the format at 6.303-2, modified to reflect that the procedures in FAR subpart 13.5 were used in accordance with 41 U.S.C.1901 or the authority of 41 U.S.C.1903.

This acquisition is conducted pursuant to statutory authority of 41 United States Code (U.S.C.) 253(c)(1) as set forth in Federal Acquisition Regulation (FAR) 6.302- 1(a)(2) – Only One Responsible source and No Other Supplies or Services Will Satisfy Agency Require.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Proposed Contractor:

Emergency Nurses Association (ENA) 930 E Woodfield RD Schaumburg, IL 60173

CAGE CODE: 41NE5

Unique Entity ID: WT76JL34AQB7

The Emergency Nurses Association (ENA) is the sole and exclusive owner of all rights, title, interest and ancillary rights to the Trauma Nursing Core Course TM (TNCC) including, without limitation, all course materials and copyrights, trademark rights, patent rights, trade secret rights or other intellectual properties therein, such as the following materials listed in Section 3.0 of the SOW Trauma Nursing Core Course document:

eBook Manual for TNCC Current Edition Provider Course Registration Fee for TNCC Current Edition Provider Course TNCC Current Edition Instructor Activity Kits for Instructors Registration Fee for TNCC Current Edition Instructor Course

Only those authorized by ENA are allowed to teach the TNCC Provider and Instructor Courses. Only authorized TNCC Course Directors have access to the ENA Course Management System that allows them to administer the course, and to purchase the course materials listed above. This statement was verified by Carolyn Stegvik, Manager, Course Management of ENA on 02 MAY 2022 via email that is filed in eCMS.

As VHA is providing TNCC ENA Certified Directors and Instructors for virtual-led courses, and only ENA certified Directors may source the required materials and platform access only through ENA.

A Request for Information (RFI)/Sources Sought Notice (SSN) was posted on www.SAM.gov on 29 APR 2022, closing 09 MAY 2022, which found no capable sources able to provide the requirement virtually at the capacity required.

(1) The anticipated award price of the contract (including options) will not exceed $7.5 million.

The estimated value does not exceed $7.5M.

(2) The justification prepared pursuant to FAR Subpart 13.5 and FAR 6.302- 1(a)(2) is posted in accordance with FAR subpart 5.301(d).

This J&A will be posted on FBO.

(4) In the estimation of the Contracting Officer, contract award can be made at a fair and reasonable price that offers best value to the Government.

(5) The Contracting Officer has determined that the use of this authority is in the best interest of the Government based upon the fact that ENA has previously provided the requirement with satisfactory performance and is the only source for the requirement that can be met for Government Directors/Instructors.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is 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.

As previously discussed, an RFI/SSN was posted, and did not reveal other sources capable of providing the requirement. A notification of intent to sole source was posted on www. SAM.gov on 06 MAY 2022, and no responses were received by closing on 23 MAY 2022.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

No award shall be made until the CO determines the costs to the Government to be fair and reasonable. The CO will make this determination IAW FAR 15.404-1 (b)(2) by comparing proposed pricing to the historical pricing data from one or more VA contracts for the same or similar services, comparison to the independent Government cost estimates, and by assessing the level of effort and labor mix proposed as the basis for BMRA’s proposed firm-fixed price.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

A Request for Information (RFI) was posted on www.SAM.gov on October 29 APR 2020, which closed 09 MAY 2022. Only ENA has the capability to provide the requirement to VHA trainers as only TNCC Certified Trainers are provided rights to materials and access, and as VHA Government trainers will be providing the required trainings, only ENA may provide the full requirement at the capacity required.

Award to any other source would result in substantial duplication of costs to the Government that would not be recovered, as well as significant risks in ability to provide the required trainings with Government staff at the capacity and time frame needed. An Intent to Sole Source Notice was published on www.SAM.gov on 09 MAY 2022, with no responses received. A review was done of the previous procurement market research, and there were also no vendors found to be capable of providing the requirement.

9. Any other facts supporting the use of other than full and open competition.

This requirement has been previously provided by ENA as a sole source requirement via Contract 36C776-21- P-0097 that expired on 18MAY 2022. Prior market research has found no other sources capable of providing the requirement for VHA TNCC trainers.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No other vendors responded to the solicitation or intent to sole source notices as referenced previously.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

All future requirements will be handled on a case-by-case basis. At the expiration of this contract, the Government will consider whether a follow-on acquisition, if needed, should be competitive.