NCO22-FY22-160 JOFOC 36C262-22-AP-3743 ED Physicians - HCA Approved (002)_Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN

ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C262-22-AP-3743 Verbal approval date: March 2, 2022 Contract award date: March 18, 2022

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 22, in support of VISN 22, Northern Arizona Veterans Health Care System (NAVAHCS), 500 Hwy 89 N, Prescott AZ 86313. 2237: 649-22-2-105-0027

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

NAVAHCS has requested emergency support to supply three (3) Emergency Department (ED) Physicians. This requirement was urgently needed in response to staffing shortages that will soon occur with the implementation of Directive 1193 (Vaccine Mandate for title 38 employees). Prescott is due to lose 5 ED physicians in the next month. The vendor is an Service Disabled Veteran Owned Small Business (SDVOSB). This was awarded as a new single award Sole Source, Firm Fixed Priced (FFP) Contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The contractor is providing three (3) ED physicians for a period of performance of 6 months. The period of performance is estimated for March 21, 2022 – September 20, 2022. The estimated cost is $1,173,120.00 and funding was submitted to contracting.

4. 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

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This requirement is urgently needed in response to the implementation of Directive 1193 (Vaccine Mandate for title 38 employees). NAVAHCS will be losing 5 ED Physicians as a result of this mandate. Millbrook is a SDVOSB that provides Physicians, Nurses, Advanced Practice Providers and Allied Healthcare staffing services to government agencies. This vendor has recently provided ED Physicians to Phoenix VA Health Care System (PVHCS) and Southern AZ VA Health Care System (SAVAHCS) Centers and so therefore they already have providers that are already credentialed by the VA and are readily available to provide services to NAVAHCS that are cleared to provide the services. Due to the urgency of this requirement, without these emergency services being sole sourced to Millbrook, NAVAHCS will have a disruption to patient care in the emergency department. The market demand for ED providers has been consistent during COVID. The vendor proposed the same rate they have in SAVAHCS (36C25821N0082) at for all hours work (no OT premium). They also have years of experience with providing healthcare staffing to medical facilities particularly the Department of Veteran’s Affairs. This requirement is urgently needed in response to staffing shortages that will soon occur with the implementation of Directive 1193 (Vaccine Mandate for title 38 employees). An impact to Veteran Care can occur without these services.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: NAVAHCS is due to lose five (5) ED physicians in the next month. The proposed vendor, Millbrook, is a SDVOSB that have providers that have already been cleared through eQuip to provide these services. There is not enough time to solicit from multiple sources as Millbrook already have available, credentialed staff nor is there enough time to issue a sources sought notice for this emergency requirement.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The market condition changes due to the impact of COVID-19 on the service industry increased the market demand. The vendor proposed the same rate they have in SAVAHCS (36C25821N0082) at for all hours work (no Over Time (OT) premium). In conducting Market Research, this rate is considered fair and reasonable based on the comparison of the proposed price with current market and is also in line with prices deemed found reasonable on previous contracts for ED Physicians as well as the purchases, comparison to an independent Government estimate (IGCE), and Market Research.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market Research has been conducted through searches conducted in VetBiz and General Schedule Administration (GSA). Although there are sources available that offer ED Physician staffing, Millbrook is the only vendor that has staff already credentialed and available to immediately provide services. The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

Market Research was conducted on March 7th for this emergency requirement. There were eleven

(11) vendors that returned in search for category 621-002 on GSA eLibrary. Millbrook Support Services were among the 11 vendors. On Vetbiz, seven (7) vendors returned in search for locum tenens. Due to the urgency of services requested, the vendors listed would already need to be credentialed. Credentialing can take up to six weeks. As mentioned previously, Millbrook already had credentialed Physicians readily available to provide the services on the emergency requirement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: This requirement is urgently needed in response to staffing shortages that will soon occur with the implementation of Directive 1193 (Vaccine Mandate for title 38 employees). Prescott is due to lose 5 ED physicians in the next month.

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

Millbrook Support Services, Inc.

149 Church St.

Millbrook, NY 12545

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: Due to the urgency of this requirement there is not enough time to competitively procure these services, however with this short term contract in place, it will allow the time necessary for NAVAHCS to recruit for these services in the future. Market research was conducted but due to the urgency of this requirement Millbrook would be best suited to carry out the services. The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

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.

Linda Ruzzo Date Acute Care Service Chief Facility

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.

Tashodra Rogers Date Contracting Officer

NCO 22

LINDA

RUZZO

Digitally signed by LINDA

RUZZO

Date: 2022 03.25 10:59 59 -07'00'

Tashodra K.

Rogers 1641229

Digitally signed by Tashodra K. Rogers 1641229 Date: 2022.03.25 12:06:05 -07'00'

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.

Alice McGruder Date Healthcare Resources 1 Branch Chief

NCO 22

Sabrina J. Smith Date Director of Contracting VHA Regional Procurement Office West

NCO 22

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 approve ($750K to $7.5 million (or $15.0 million for acquisitions described in FAR 13.500(c)) for other than full and open competition.

Curtis M. Jordan Date Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA)

Alice A. McGruder 1419325

Digitally signed by Alice A. McGruder 1419325 Date: 2022 03.25 14:24 59 -07'00'

Sabrina J.

Smith 405687

Digitally signed by Sabrina J. Smith 405687 Date: 2022.03.29 13:36:30 -07'00'

CURTIS

JORDAN

Digitally signed by

CURTIS JORDAN

Date: 2022.03 30 13 22:22 -06'00'