P03. Justifcation due to Urgency.pdf

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

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

UNUSUAL AND COMPELLING URGENCY JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID:

1. Contracting Activity: Department of Veterans Affairs, VISN 16, Gulf Coast Veterans Health System

Department of Veterans Affairs Gulf Coast Veterans Health System 400 Veterans Blvd Biloxi, MS 39531 Fiscal Year 2023 Transaction Number 520-23-2-040-0014

2. Nature and/or Description of the Action Being Processed: This procurement for urgent staffing to meet demand in performing esophagogastroduodenoscopy and colonoscopy procedures 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. The requirement is for experienced GI technicians who can prepare procedure rooms, clean instruments required for procedures, transport patients, and assist existing medical staff performing procedures. This is a follow on contract and will be based upon hourly rates for these technicians.

3. :

The requirement is for experienced GI technicians for day shift staffing to supplement existing staff to ensure adequate staffing so that operations can continue. No certification or credentialing will be required.

The proposed action will be awarded for the period 3/1/2023 8/31/2023

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

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services

( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5.

the Use of the Authority Cited Above (applicability of authority):

Unusual and Compelling Urgency During FY22 Gulf Coast Veterans Health System referred over 3000 veterans to the community for endoscopic treatment at a cost topping $4,000,000 with 600 of the referrals coming from the Pensacola CBOC. This is largely due to pent up demand from COVID- 19 and the loss of the only Gastroenterologist at the Pensacola CBOC. Over the last year there have been two full time techs working in Pensacola. Recently one tech was lost due to disciplinary reasons, and as of 2/5/23 the last remaining tech is recuperating from non-worked related personal injury. There is presently a full-time gastroenterologist and a full-time surgeon with endoscopic cases scheduled. The six month contract will allow added capacity to diminish the current backlog while additional staff are hired long term.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to time and the complexity of this requirement, no Solicitation will be released for this Contract.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Typical time frames for open and full competition do not support the immediate need to perform scheduled procedures.

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

SOLVET LLC, Ghost RX, EGA

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:

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, PM Part 813.5 SAP for Certain Commercial Items Page 3 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021 which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Ira Key

COR

Gulf Coast Veterans Health System

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

PM Part 813.5 SAP for Certain Commercial Items Page 4 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

a. : I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Billy Morris Date

Contracting Officer Network Contracting Office 16

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.

David Miller Date

Chief, Division I Network Contracting Office 16

c. Director of Contracting/Designee {Required over $700K): I certify the justification meets requirements for other than full and open competition:

Aaron Villalpando Date

Director of Contracting Network Contracting Office 16

d. 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 ($700K to $7 million (or $13.0 million for acquisitions described in FAR 13.500(c)) for other than full and open competition.

Terry L. Spitzmiller Date

Executive Director RPO Regional Procurement Office Central (VHA)

NOT APPLICABLE