P03 JA-OFOC EMERG NURSING 36C242-22-AP-0757 - SIGNED.pdf

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

36C242-22-AP-0757

Page 1 of 5 OFOC SOP Revision 11 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-22-AP-0757

1. Contracting Activity: In response to the continuing COVID-19 National Emergency, the Department of Veterans Affairs (VA), Regional Procurement Office (RPO) East, Network Contracting Office on behalf of VISN 2, VA Medical Center located at New York Harbor Healthcare System (VANYHHS) for the Manhattan and Brooklyn campuses, have a need for a sole source contract for emergency, temporary nursing staff.

The procurement request number is 630-22-1-108-0034.

2. Nature and/or Description of the Action Being Processed: This is a request to award Firm Fixed Price

Indefinite Delivery Indefinite Quantity (FFP IDIQ) contract to support the emergency, temporary nurse staffing needs for VISN 2 VANYHHS as a result of the COVID-19 pandemic. The resulting contract will be a 6-month plus 6-month option to extend, with Loyal Source Government Services, LLC, DUNS 831017848.

Due to the amount of time it takes to on-board and train VA nurses, it is felt that this timeframe offers the VA efficiency and well-trained contract staff. The resulting award will need to allow for variation in the number of hours required, so IDIQs are best suited to meet this need.

This procurement will be accomplished in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501Special 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: VANYHHS has an immediate need for nursing staff. Currently the hospitals are not fully staffed and have been unsuccessful with recruitment efforts through Human Resources. The lack of staffing is causing a hardship to the existing staff and results in a workforce that is tired due to excessive overtime hours which can compromise patient care and safety and is counter to the hospitals’ mission. Consequently, the hospitals have requested an expedited procurement for temporary nurse staffing services to include (14) Registered Nurses (RNs) to meet its immediate needs. The temporary staffing request includes (6) FTE Medical- Surgical RNs and (4) Intensive Care Unit (ICU) RNs for the Manhattan Campus of the VANYHHS plus (2) FTE Medical-Surgical RNs and (2) FTE ICU RNs for the Brooklyn Campus.

The resulting contract will need to allow variation in the number of hours required, as the quantity hours are impossible to predict. In accordance with FAR Part 18, the award shall not exceed the increased simplified acquisition procedure threshold of $15 million. The base period of performance will be February 1, 2022 – July 31, 2022, with (1) six-month option to be exercised at the Government’s discretion. The award shall not exceed 12 months. The total estimated aggregate value for the planned award is $6,507,930.00.

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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 will be implemented by 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 FAR 6.302-1;

(X) (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 president declared a National emergency for the United States as a result of COVID-19 on March 13, 2020. As such, VA Heads of Contracting Activities (HCAs) invoked emergency acquisition flexibilities in accordance with FAR Part 18.

The President’s emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (41 U.S.C 5121, et seq.) requires that Contracting Officer’s give preference to local firms in the designated area. However, this emergency response applies to a global pandemic, so there is no clear local area. Therefore, local set aside requirements do not apply.

There is a nationwide shortage of nurses resulting in hospitals closing wards, canceling elective surgeries and putting workload burdens on existing staff that are not sustainable long term. As this pandemic continues to spread and new variants are identified, the need for staff has increased rather than decreased even with the availability of the COVID-19 vaccine. As a result, emergency staffing is unprecedented. Emergency assistance and disaster relief emergency medical personnel are needed to support VAMC operations and safe patient care in the event of VAMC staff illness and/or quarantine, the opening of additional VAMC beds/units and the availability of VA Disaster Emergency Medical Personnel (DEMP).

Existing VISN 2 temporary nursing staff contracts were reviewed to determine if modifications could provide some other personnel needed to support COVID-19. However, the size, scope and type of positions needed were not all available from these existing contracts.

Contracts from General Services Administration (GSA) Federal Supply Schedule (FSS) 621I (Professional and Allied Healthcare Staffing Services) were also reviewed, however as a result of the national shortage in nurses the prices do not align with rates being paid in the private sector for medical staff during the pandemic. Therefore, to obtain staff in this emergency situation, FSS contracts will not be used to fulfill this requirement.

The unknown nature of the pandemic has made it impossible for VANYHHS to evaluate future staffing levels with any degree of certainty. It was expected that with the availability of the COVID-19 vaccines that the

Page 3 of 5 OFOC SOP Revision 11 need would be reduced, however, currently nationwide we have seen drastic increases in cases due to the Omicron variant. New York State has recorded a record-breaking number of cases recently showing that the need for nurses will only increase. In line with guidance from Office of General Counsel (OGC), the contract maximum ceiling will be $15 million.

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 procurement of temporary nursing staff services for six-month base period and one 6-month option period. It is not anticipated that the services will be needed longer than 12 months. 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: 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, VA 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, VA has awarded similar competitive contracts for temporary nursing services in 2020 and 2021 for VISN 2. The pricing for these locations provides further evidence of fair and reasonable prices.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market

Research Was Not Conducted: NCO 2 conducts ongoing market research for temporary health care staffing firms to fulfill various staffing needs within VISN 2. Market research is done by posting sources sought notices on www.sam.gov, reviewing Federal Supply Schedule (FSS) Professional and Allied Healthcare Staffing Services schedule 621 I, issuing Requests for Information (RFI) and communicating amongst Contracting Officers (CO) both within and outside VISN 2. Recent market research has shown there are several Service-Disabled Veteran Owned Small Businesses (SDVOSBs) that provide nurse staffing services. There is typically a lot of interest in health care staffing requirements among SDVOSBs for this region however the current contracts we have with SDVOSB contractors have failed to provide Registered Nurses (RNs) in the amount needed for those locations so it is not reasonable to assume that they would be able to provide nursing staff in the number that is needed for VA NYHHS.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: On average, the solicitation phase of these types of procurements take two-three months from the time the solicitation is issued to time of award to allow for sufficient time to promote competition, conduct technical evaluations, and complete technical reviews. Engaging in a competitive procurement would add approximately two months as a best-case scenario to the acquisition process as opposed to awarding the action on a non-competitive basis. There is a real possibility that a competitive process would take several months longer in the case of a protest.

The on-boarding, credentialing and background investigation process is lengthy and can take close to six-eight weeks to complete. On-boarding contractors who have previously worked within VISN 2 can decrease this timeline. With that in mind, it would be most advantageous to the VA to award non-competitive http://www.sam.gov/

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Jadwiga M Kustra 175043

Digitally signed by Jadwiga M Kustra 175043 Date: 2022.01.05 16:52:30 -05'00' contracts to shorten the procurement time.

Given the immediate need for nursing staff, it is in the best interest of the Government to meet the immediate need by utilizing the statutory authority to negotiate on a single award on a sole source basis.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: In addition to EGA

Associates, Loyal Source Government Services, Access Therapies and Millbrook Solutions indicating an interest in response to market research conducted by group-effort in the NCO2 Contracting Department. These and other potential sources may be considered for any future procurements.

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: This procurement will result in a six-month base period and one 6-month option period contract to fulfill an immediate need. Subsequently, the Government will be able to procure a long-term contract through competitive processes, if the need still exists.

12. Requirements Certification: I certify that the requirement outlined in this justification is a bona fide need of the VA 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.

CARLO S

Digitally signed by CARLO S

PASCUAL 159127

PASCUAL 159127 Date: 2022.01.11 14:37:22 ___ Britta Jennings, RN MA Date Resource Manager VA NY Harbor Healthcare 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.

ALLAN M. Digitally signed by ALLAN M.

PRESTON 503790

PRESTON 503790 Date: 2022.01.05 09:11:20 -05'00'

Allan Preston Date Contract Officer, NCO 2

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.

Jadwiga Kustra, Division Chief, NCO 2 Date http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

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c. VHA SAO 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, RPO East Head of Contracting Activity (HCA)