P03 - J AND A FOR OTHER THAN FULL AND OPEN COMPETITION.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-21-AP-1218

1. Contracting Activity: Department of Veterans Affairs, NCO 2, Canandaigua VA Medical Center, 400 Fort Hill Avenue, Canandaigua, NY 14424

2. Nature and/or Description of the Action Being Processed: The New York Harbor Healthcare System (NYHHS) at Brooklyn, a part of the New York/New Jersey VA Health Care System (VISN 2) currently has a contract with Rosato Associates, Inc. (RAI), a small business, via contract VA243-16-C-0061 for Radiation Oncology Medical Physicists, Dosimetrists and Therapists that expires on August 31, 2021.

All allowable contract extensions under 38 USC 8153 have been exhausted. To avoid a break in critical patient care services, NCO 2 on behalf of the NYHHS is requesting a short-term, emergency, interim contract for the continuation of services pursuant FAR 6.302-1, Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. NCO 2 intends to award a fixed price, Indefinite Delivery Indefinite Quantity (IDIQ) contract for a three month base period and (3) three month options, to the incumbent contractor (RAI). The short-term, emergency, interim contract will be from September 1, 2021 through August 31, 2022 (if all options are exercised).

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The NYHHS at Brooklyn has a continuing need for Radiation Oncology Medical Physicists, Dosimetrists and Therapists. The services are currently being provided by RAI (contract VA243-16-C-0061). This follow on, short-term, interim, emergency contract is needed until the long-term contract can be awarded. Due to the complexities involved in a transition to another contractor who could provide the same or similar services, care would undoubtably be disrupted. Any sort of gap in the continuity of said services would have a detrimental impact on the Veterans in the geographic area and cause the closure of the Radiation Oncology Department at the NYHHS at Brooklyn. RAI already has the necessary staff credentialed, trained and working at the facility.

The interim contract is needed to maintain services for up to 12 months (September 1, 2021 through August 31, 2022) until the long-term contract can be awarded. The estimated cost for this period of performance (if all options are exercised) is $2,050,010.76. The NAICS code for this procurement is 621399 – Offices of Other Misc. Health Practitioners.

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

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

Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per 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 current contract with RAI has provided Radiation Oncology Medical Physicists, Dosimetrists and Therapists services on behalf of the NYHHS at Brooklyn since 1994 (as prime contractor or as a subcontractor). The contractor has been performing in accordance with the contract in a satisfactory manner with no breaks in service.

In accordance with FAR 6.302-1, there is only one responsible source that can fulfill this requirement at this time. The short-term, emergency, interim contract would allow for continued services during the long-term contract procurement process. The solicitation will be posted in early Fiscal Year 2022. Without this interim contract, the NYHHS Radiation Oncology program would be forced to close, preventing Veterans from receiving life-saving cancer care and treatment. Moreover, due to the complexities involved in a transition to another contractor who could provide the same or similar services, care would undoubtably be disrupted. Any sort of gap in the continuity of said services would have a detrimental impact on those Veterans. It is therefore necessary to provide continuous services from the incumbent contactor until a new, long-term contract is awarded.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to the nature of the services required to be performed by the incumbent, based on the reasons outlined above, offers are unable to be solicited from any other source other than the incumbent contractor.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The cost of the interim, short-term contract will be approximately the same as the current contract. The Contracting Officer determined that the anticipated cost to the Government will be fair and reasonable because the cost is consistent with the current contract whereby price was deemed fair and reasonable from price analysis.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Due to only one source being able to perform this requirement, market research was limited in scope. In order to determine the incumbent’s technical capability, the following market research tasks were conducted:

1. SAM Registration was verified

2. Recent and relevant past performance was discussed with the COR to ensure there are no ongoing performance issues

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: This interim, short-term contract is required to provide uninterrupted services while pursuing a long-term contract. It would be impossible to compete a short-term contract and would not be practical for a new contractor to start these complex services in such a short amount of time. A competitive one base year with (4) one-year options is expected to be awarded by May 31, 2022.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No other sources have expressed written interest in this acquisition.

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: In accordance with 38 USC 8153, a competitive solicitation for a long-term contract will be posted once all pre-solicitation review findings are received and addressed. NCO 2 will continue to monitor the market to ensure further sole source requirements are avoided.

Acquisition Plan 36C242-21-AP-1218, Interim Radiation Oncology Services

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs.

a. Contracting Officer’s Certification: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Heather Schrader Date Contracting Officer

NCO 2

b. One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition.

Allan M. Preston Date Supervisory Contract Specialist Branch Chief, Medical Sharing, NCO 2

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 approve ($750K to $75 million) for other than full and open competition.

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

Heather A.

Schrader 406987

Digitally signed by Heather A. Schrader 406987 Date: 2021.07.23 15:22:34 -04'00'

ALLAN M.

PRESTON 503790

Digitally signed by ALLAN

M. PRESTON 503790

Date: 2021.07.26 10:30:37 -04'00'

07/23/2021

07/26/2021

Acquisition Plan 36C242-21-AP-1218, Interim Radiation Oncology Services

Date2_af_date: 7/28/21