P03 2021-0069 JOFOC 36C261-21-AP-0711 - Radio Techs Palo Alto Approved-HCA.pdf

OFOC SOP Revision 09 Page 1 of 3 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C261-21-AP-0711

1. Contracting Activity: Department of Veterans Affairs, Regional Procurement Office West (RPOW), Network Contracting Office (NCO 21) on behalf of VISN 21, Palo Alto Health Care System (VAPAHCS). The procurement request number is 640-21-1-097-0008.

2. Nature and/or Description of the Action Being Processed: This is a request for a temporary staffing services contract for VAPAHCS for radiologic technologists. The resulting contract will be six-months, Firm Fixed-Price, Indefinite Delivery Indefinite Quantity (IDIQ) contract with a contract ceiling of $5,000,000.00 with Ansible Government Solutions, LLC, DUNS 079602477.

FAR13.5 Simplified Procedures for Certain Commercial Items: This contract requirement is for radiologic technologists staffing services 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.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: VAPAHCS has an immediate and continued need for radiologic technologists. Currently, the hospital is not fully staffed in that department and has been unsuccessful with recruitment efforts through human resources. The lack of staffing has caused hardship to the existing staff in the past and resulted in an inability to provide emergency services in some cases, which is counter to the hospital’s mission. VAPAHCS has a current contract for radiologic technologists with Ansible Government Solutions, LLC that will expire on November 30, 2020. A planned competitive long-term procurement is currently undergoing evaluation. However, it will not be awarded prior to the expiration of VAPAHCS’ current contract based on the complexity, volume, and estimated value of the long-term acquisition. Therefore, the hospital has requested a continuation of temporary staffing services for radiologic technologists through Ansible to continue to meet its immediate needs while a competitive procurement is being processed.

4. Statutory Authority Permitting Other than Full and Open Competition: FAR 13.5 Simplified Procedures for Certain Commercial Items; the authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

(X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

OFOC SOP Revision 09 Page 2 of 3

Revision 09 Date: 04/17/2020

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The requirement is radiologic technologists staffing services. The contractor must provide uninterrupted services and adequate staffing coverage per VAPAHCS for the remainder of the period of performance in order to meet health care needs. No other vendor will be able to immediately provide the service, because of the background check and new employee orientation requirements. Only the existing staff will be able to continue service and provide staffing coverage uninterrupted.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A notice of intent to sole source was posted in beta.sam.gov which include a statement that says "all responsible sources may submit a bid, proposal, or quotation which shall be considered by the agency" pursuant to FAR 5.207(c)(16). We also attempted to have the requirement met through competitive means; however, discussions are currently ongoing and is required before award.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: This is a requirement for temporary staffing services, and the positions are covered by the Service Contract Labor Standards, formerly known as the Service Contract Act of 1965.

Consequently, there are Department of Labor (DoL) wage determinations in place for the service area. As a staffing requirement with no ancillary supplies or commodities, the Government will be able to use the DoL wage determination to assist with providing hourly pricing information to determine the hourly rates to be fair and reasonable after accounting for labor burden, overhead, and profit. Moreover, the Government has ample pricing information available through other contracts for similar services to assist with the determination. More specifically, the Government procured MRI and CT technologist services for other Medical Centers within VISN 21 recently.

Finally, the government has commercial salary information for Palo Alto for price reasonableness.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: A formal Market Research was conducted in preparation for the solicitation of the new multiple-award IDIQ contract. It revealed several sources are available including small business and Service-Disabled Veteran Owned Small (SDVOSB) business. In the interim, however, only the incumbent has the capability to meet the agency’s immediate need until a new contract is awarded.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The current contract with Ansible was a sole source authorized by statute. Also, the current long-term competitive procurement effort is undergoing evaluations and anticipated not to take no more than 6-months to award.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Multiple firms including SDVOSBs have expressed interest in the competitive long-term procurement for this requirement by responding to market research conducted by VAPAHCS. These and other potential sources may be considered for any future competitive procurements.

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Revision 09 Date: 04/17/2020

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:

As indicated above in section 8, the agency is undergoing evaluation phase of the new multiple-award IDIQ. This proposed contract action will ensure no lapse in service until the new multiple-award IDIQ is in place.

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.

Rajesh Shah, MD Date Chief of Radiology Service VA Palo Alto Health Care System

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.

Joleo Dianala Date Contracting Officer

NCO 21

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

Brooke C. Robison Date Director of Contracting

NCO 21

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.

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

11/24/2020 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx VHAMACRobisB Typewritten Text

25 NOV 20