P03. JOFOC.pdf

Other Than Full and Open Competition (OFOC) Sole Source Justification >SAT

AP 36C242-21-AP-0562

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-21-AP-0562

1. Contracting Activity: Contracting Agency: Department of Veterans Affairs, Network Contracting

Office (NCO) 2, on behalf of all VISN 2 VA Medical Centers (New York Harbor Health Care System (Manhattan, Brooklyn and St. Albans); James J. Peters VA Medical Center (Bronx); Northport VA Medical Center; Hudson Valley Health Care System (Montrose and Castle Point); New Jersey Health Care System (Lyons and East Orange); Western New York Health Care System (Buffalo and Batavia);

Albany Stratton VA Medical Center; Finger Lakes Health Care System (Canandaigua and Bath); and the Syracuse VA Medical Center.

The Purchase Request Number is 528-21-2-8069-0056.

2. Nature and/or Description of the Action Being Processed: This a request for a follow-on contract to Blanket Purchase Agreement (BPA) 36C24220G0012 for temporary COVID emergency medical personnel awarded to Ghost RX (SDVOSB) on April 27, 2020. It is anticipated that the $13M simplified acquisition threshold will be reached by December 31, 2020. As such, a sole source contract with Ghost RX is needed in order to continue uninterrupted operations.

The frequent changes in Center of Disease Control (CDC) COVID guidance and the unknown nature of the pandemic has made it impossible for VISN 2 Medical Centers to evaluate future staffing levels with any degree of certainty. We expect this to change in the upcoming months as the COVID vaccination becomes available, cases decline, and the Medical Centers begin to stabilize. In line with guidance from Office of General Counsel, the contract maximum ceiling will be $5,000,000 which allows for additional time for the Medical Centers to be constant and consistent in their efforts to manage staffing levels.

Specifically, VISN 2 is requesting a sole source contract with Ghost RX, a verified SDVOSB. The resulting contract will be firm fixed price for a 3-month period with three options to extend services for 3-months should COVID staff continue to be needed. Since staffing needs will likely change throughout the contract period, the resulting contract will need to allow for variation in the number of hours required, so an IDIQ contract is best suited to meet this need.

In accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, 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: This is a request to award on a sole source basis a contract to support the temporary staffing needs of VISN 2 VAMCs as a result of the COVID-19 pandemic for the following medical staffing positions:

• Registered Nurse (RN) o General o Medical/Surgical o Intensive Care o Dialysis o Emergency Department

• Licensed Practical Nurse (LPN)

• Certified Nursing Assistant (NA or CNA)

• Registered Respiratory Therapist (RRT)

• Health Technician (HT)

• Medical Support Assistant (MSA)

• Phlebotomist

• Physician o Internal Medicine o Hospitalist o Emergency Department

• Advanced Practice Provider (APP) o Physician Assistant (PA) o Nurse Practitioner (NP)

The quantity, hours and exact positions needed at each VAMC are impossible to predict. The period of performance is January 1, 2021 – March 31, 2021 with three (3) options to extend for a 3-month period.

The contract shall not exceed 1 year.

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).

( ) (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 (X ) (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): Authorized or Required by Statute (FAR 6.302-5) – Veterans First Contracting Program as required by 38 U.S.C.§ 8127 (c) as implemented by VA Acquisition Regulation (VAAR) 819.7001(c) with guidance from revised Procurement Policy Memorandum (2016-05)(Revised Aug 2018). To be eligible, contractors must be verified as Service-Disabled Veteran-Owned Small Businesses (SDVOSB) in the VIP database. The contractor, Ghost RX Inc, DUNS 879125743, was last VIP-verified on 6/17/2020 with an expiration date of 6/17/2023. The statutory limitation of a sole source acquisition is $5,000,000.00, the total procurement value of this action will not exceed that limit.

https://www.acquisition.gov/?q=/browse/far/6

The majority of the Ghost RX temporary disaster relief personnel are at the James J Peters VA Medical Center (JJP) located in NYC and the Hudson Valley Healthcare System (HVHCS). These catchment areas are some of the most severely impacted regions in the United States with 24,526 reported deaths and over 364,000 cases of COVID-19 in New York City as of December 15, 2020.

The early surge in COVID-19 cases in NYC directly impacted the ability of these sites to retain and hire new staff. Factors such as competitive private sector wages, risk of exposure, family leave and changes to availability of daycare and public education severely limited the pool of potential hires.

As such, both Medical Centers rely heavily on contract medical personnel.

Ghost RX is currently providing 70+ temporary disaster relief medical personnel, including MDs, RNs, LPNs and CNAs at the Bronx and HVHCS. The Ghost RX contractors not only support the VA by performing routine healthcare functions, but they provide coverage in the event of VA staff illness or quarantine. The temporary personnel also provide support if additional VA Units are opened for non-VA patient admissions (VA’s 4th mission). In most cases, the Ghost RX contractors have been working at the VA since April, are VA trained, and contribute greatly to continuity of care and the successful operations at each Medical Center. The on-boarding, credentialing and background investigation process is lengthy and can take close to 3-4 weeks to complete. With that in mind, hospital operations would be further disrupted, compromising patient care and safety if the Ghost RX contractors were to be replaced.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This action is to fulfill an immediate need for the continuation of temporary disaster relief emergency medical personnel for 3 months with three options to extend for up to three months. It is not anticipated that the service will be needed longer than 1 year. If additional services are required, they will be procured on a competitive basis.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will determine price reasonableness through comparison of the proposed prices to the Independent Government Estimate (IGCE) and market research, in accordance with FAR 13.106-3(2)(i) and (vi).

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 COVID labor burden, overhead, and profit.

Moreover, the Government has ample pricing information available through previously awarded BPA’s for similar services to assist with the determination. VISN 2 evaluated all of the proposed prices in April 2020 when the original BPA was awarded. A total of 10 offers were received. Nine BPAs were awarded. One offeror did not receive a BPA as their prices could not be determined fair and reasonable. All of the offerors were established temporary staffing agency contractors and therefore have a realistic view of the costs associated with the requirement described in the solicitation. Prices were determined to be fair and reasonable based on a comparison of similar services in the marketplace.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Recent market was conducted in support of the COVID Staffing BPA’s awarded in April 2020. Since it has been a short amount of time and the requirement remains the same, market research conducted in April 2020 will be used for this contract.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Due to the changing CDC guidance and fluctuating need of temporary disaster relief personnel, it is believed that a 1-year period of time will allow for VISN 2 Medical Centers to evaluate staffing levels and determine if a long term solutions is required. In order to maintain critical hospital services during the COVID-19 pandemic, a follow-on contract with Ghost RX is required.

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

• Ghost RX: Service-Disabled Veteran Owned Small Business (SDVOSB)

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: None at this time. Under normal circumstances, these types of contracts would be competed or task orders against FSS 621I contracts would be utilized. During this time of on-going crisis due to the COVID-19 pandemic, VISN 2 has no choice but to procure these services as sole source under Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5 using the Veterans First Contracting Program as required by 38 U.S.C.§ 8127.

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.

_Thureiyya Rodriguez, PhD, MSN___________ 12/16/20_________________ Thureiyya Rodriguez, PhD, MSN, WOCN Date Executive Assistant to the CNE/ADPCS JJP Bronx VAMC

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.

Jeanette Crooks, Contracting Officer Date NCO 2, Medical Sharing Team http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

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.

Allan Preston Date NCO 2, Medical Sharing Branch Chief

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.

Joseph P. Maletta Date Executive Director VHA Regional Procurement Office East