OPD JOFOC.pdf9.27.21 SIGNEDpdf.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

Acquisition Title: Urgent Outpatient Mid-Level Services

Agency: IHS

Acquisition Year: 2021

Author: Kristen Ferguson

2. Description of Action:

Nature: New Requirement Follow-on Requirement

Modification to Existing Purchase Order/Contract Number:

Pricing: Firm-Fixed Price Time & Materials Cost

Other:

Funds: OMA Other Funds:

Name of Proposed Contractor(s): Sequoyah Staffing

Street Address: 6111 S 1st St. W

City, State, Zip: Muskogee, OK 74401

3. Description of Services or Supplies:

Basis for Approval (FAR 6.303-1(d)): Individual Basis Class Basis

The total estimated value of the proposed action, including all options is $ 245,000.00

The mission of the Cheyenne River Service Unit is to provide the best possible health care services to the Native American population on the Cheyenne River in South Dakota. To provide placement of up to Three(3) Mid Levels for the Outpatient Department (OPD), Cheyenne River Health Center. (8) Hour shifts, Monday through Friday – 5 days per week, 0900 – 1800 or 1030 - 1900. This is subject to change at the Clinical Directors discretion based on the needs of the Facility.

4. Authority and Rationale: Identify the statutory authority, FAR title and FAR citation permitting other than full and open competition. It may be one of the following most commonly used citations by the operating divisions of the Department of Health and Human Services (HHS), but other exceptions may apply per FAR Subpart 6.3.

Unusual and Compelling Urgency

Actions other than simplified acquisition procedures (select only one and provide an explanation):

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C.

3304(a)(1)

N/A

FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 3304(a)(2)

These types of services were being provided by via an IDIQ Contract, where the contractor was not able to fulfill the full scope of the contract, this has caused severe shortages in the Outpatient Department. Currently, We have (2) providers that are on unexpected medical leave for an extended amount of time, which as left us already short staffed and with the current IDIQ contract unable to fulfill our needs has put us in a predicament. There are also permanent providers that are needing to take leave because they are in use or lose status, therefore, additional coverage is needed.

FAR 6.302-5: Authorized or Required by Statute, 41 U.S.C. 3304(a)(5)

N/A

Other (See FAR Subpart 6.3 for additional authority):

N/A

5. Bridge Contracts:

N/A

6. Actions to Increase Competition:

An IDIQ to provide these types of services is currently in the planning stage. This IDIQ will be issued under SAP.

7. Market Research:

Buy-Indian Sources looked at first. Several recent capability statements indicate there may be multiple sources able to submit a proposal for these services. There are also GSA/FSS Vendors able to meet the need and various competitors in the open market.

Considerations: The urgency of the requirement may limit the availability of these services.

8. Procurement History:

Purchase order or contract number: 75H70619D00040

Was action competed? Yes No

If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

9. Additional Information to support the justification

N/A

10. Technical / Requirements Certification: By my signature below, I certify that the supporting data under my review which is included in this J&A is accurate and complete.

Program Manager

Name: Dexter Gensolin

Position Title: Acting Clinical Director

Email address: dexter.gensolin@ihs.gov

Phone: 605-964-7724

Program Manager Supervisor (or one level above Program Manager)

Name: CAPT Jon Schuchardt

Position Title: Acting CEO

Email address: jon.schuchardt@ihs.gov

Signature

Date: Sep 24, 2021

11. Fair and Reasonable Price Determination: As Contracting Officer, by my signature below, I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable.

The price was compared to the rate of the same services offered by a Buy Indian vendor. The increase was approximately 25%, this is reasonable based on 1. The current surge of COVID-19 cases in the area. 2. The urgency of this requirement.

12. Contracting Officer's Approval (Required for proposed contract not to exceed $700,000 (value calculated including all options)): I hereby certify that this justification is accurate and complete to the best of my knowledge. I approve this sole source justification subject to availability of funds, and provided that the services and supplies herein described have otherwise been authorized for acquisition.

Name: Danielle Chasing Hawk Phone: 6059640605

Signature: Date:

13. Legal Review:

14. OPDIV Competition Advocate Approval (Required for proposed contract over $700,000 but not exceeding $13.5 million value calculated including all options):

I have reviewed this justification and find that it adequately supports other than full and open competition.

Name: Phone:

Signature: Date:

15. Office of Small and Disadvantaged Business Utilization I have reviewed this justification and find that it adequately supports other than full and open competition.

Name: Phone:

Signature: Date:

16. OPDIV HCA Approval (Required for proposed contract over $13.5 million but not exceeding $68 million value calculated including all options):

Name: Phone:

Signature: Date:

HHS Senior Procurement Executive (SPE) Approval

Jon R. Schuchardt -S Digitally signed by Jon R. Schuchardt -S Date: 2021.09.24 09:53:34 -06'00'

Danielle D.

Chasing Hawk -S

Digitally signed by Danielle D.

Chasing Hawk -S Date: 2021.09.27 09:35:58 -06'00'

Based on the foregoing justification, I hereby approve the procurement of (state supplies/services being procured) on an other than full and open competition basis pursuant to the authority of (state the full statutory authority and FAR cite and title, consistent with paragraph 4, e.g. 41 U.S.C. 3304), as implemented by FAR 6.301), subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Name: Phone:

Signature: Date: