P03. Justification and Approval - Emergency Department -Biloxi.pdf

Page 1 of 4 OFOC SOP Revision 11 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C256-21-AP-1342

1. Contracting Activity:

Program Office: Contracting Activity:

Department of Veterans Affairs Department of Veterans Affairs Veterans Health Administration, VISN 16 Veterans Health Administration Gulf Coast Veterans Health Care Systems Network Contracting Office 16 400 Veterans Avenue 2200 Fort Roots Dr. Bldg 41 Biloxi, MS 39531 North Little Rock, AR 72114

2. Nature and/or Description of the Action Being Processed: This procurement is for contract Emergency Department physicians 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 the Emergency Department to continue services while the long-term contact is being solicited and awarded.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The requirement is for experienced Emergency Department physicians for day, night, double coverage during the weekdays and weekend during peak hours. The physicians are needed to sustain Emergency operations daily and during the COVID-19 and Influenza period. Gulf Coast is requesting a sole source bridge as the physicians on the current contract are currently credential and vetted by the facility to change companies at this time could cause a complete shutdown of operations. This contract period of performance: 4/1/2021 – 6/30/2021 (Urgent Award needed) Estimated Cost: $607,061.52 Estimated Hours: (Clin 1: 2016 hours, Clin 2:

600, Clin 3: 192)

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:

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

Page 2 of 4 OFOC SOP Revision 11 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

( ) 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):

b. Unusual and Compelling Urgency – GCVHCS has a thriving Emergency Department (ED) during the COVID-19 environment and will need the ED to properly assess and care for veterans going forward. A long term Contract is required but will not be in place until 9/30/2021 (estimated). The COVID-19 pandemic continues as a worldwide public health event with the significant threat of a surge during the winter and spring months. National and international public health data coupled with internal VHA statistical data, indicates that coming months historically experience an increase rate of hospitalizations due to respiratory illnesses related to COVID and Influenza. The Emergency Department is the gateway to veterans being admitted to the Medical Center. If the Emergency Department is unable to exist this would create a ripple effect on all inpatient services as well as urgent care needs of veterans.

The Awardee, Keith VanMeter & Associates, LLC, is the incumbent and have approximately 9 physicians that are already credentialed and are immediately available so that there is no lapse in services of patient care. They also bring continuity since they have been on the ground performing services for the past five years.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Given the unusual and compelling urgency created by the COVID-19 pandemic, we have a critical need at GCVHCS that the disruptions of services could be peril to veterans seeking care. There has been a surge of patient care needs due to increased numbers of positive COVID-19 patients requiring hospitalization, and it is anticipated that the surge will increase in the upcoming months crating further strain. The facility has already extended the contract 6 months and requires a bridge contract to maintain services until the new contract is awarded. It has been determined that, due to the urgency of the situation, a quote will be solicited from only one vendor. The intended contract is a short-term solution while a competitive, longer-term contract is solicited and awarded.

Page 3 of 4 OFOC SOP Revision 11 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The price for the contract is based on a recently negotiated amount that includes the hourly wage. In accordance with FAR 13.106-3(a)(2)(ii), the price for the instant proceurement has been deemed fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was obtained based on the current contract prices currently in place by the contract company.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

The current Contract will end 3/31/2021. The facility submitted the long-term requirements package but it will not be in place until 9/30/2021 (estimated).

GCVHCS requires a bridge contract to keep services in the Emergency Department especially during the COVID pandemic.

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

Keith VanMeter & Associates, LLC.

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:

Contracting will continue efforts to solicit and award a long-term contract through full and open competition.

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.

Antoinette Gines Date Administrative Offier, Medical Service, COR II

GCVHCS

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.

Antoinette D.

Gines 207822

Digitally signed by Antoinette D.

Gines 207822 Date: 2021.02.18 14:55:51 -06'00'

Page 4 of 4 OFOC SOP Revision 11 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

Billy Morris Date Contracting Officer

CAVHS

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.

Bennett Smith Date NCO16 Medical Sharing Branch Chief