P03 JOFOC Award Notice.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C262-23-AP-3142 Contract Award Date: 3/8/2023 JOFOC J&A Tracker No.: 2023-03-08T11:16:56 Verbal Approval from Mr. Jordan: 3/1/2023

1. Contracting Activity: The Department of Veterans Affairs, Phoenix VA Health Care

System (PVAHCS) by the VHA Regional Procurement Office – West, VISN 22, Network Contracting Office (NCO) 22. The funding request number is 644-23-2-482-0025.

2. Nature and/or Description of the Action Being Processed: This procurement was fora new sole source contract for Vascular Surgeon services procured in accordance with FAR

13.5 Simplified Procedures for Certain Commercial Items. This procurement is for Vascular Surgeon services 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.

This was awarded as a new Sole Source, Firm-Fixed- Price (FFP) purchase order, for a six

(6) month performance period.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Phoenix VA Health Care System had an urgent and compelling need for one (1) Vascular Surgeon services on an as-needed, per diem, basis due to a severe shortage of staff. The Vascular Surgeon shall be board certified in vascular surgery and possess a full and unrestricted license/certification to practice medicine within the area of service performance. The period of performance is 03/08/2023 – 09/07/2023. Millbrook Support Services, Inc. is an SDVOSB vendor, who was able to provide these services immediately. A sole source award for this short-term contract to Millbrook Support Services, Inc. eliminated the risk of halted critical services, substantial duplication of costs, increased pricing, and possible negative public relations with the Veterans and community. Verbal approval was received from Mr. Jordan on 3/01/2023 and is maintained in the briefcase under P04 - HCA Verbal Approval. The verbal approval was originally requested a period of performance of one (1) year. However, per the using service request, the period of performance was changed to a 6-month period.

IAW FAR Part 37.104 a determination has been made that Vascular Surgeon services are not personal services. There is no employer-employee relationship between the Government and the contractor’s personnel. A Determination and Findings Personal/Non- Personal Services has been prepared and saved to the contract file.

The total estimated cost for the Sole Source contract is $749,766.00. See chart below for breakdown.

Effective Date: 02/01/2022 Page 2 of 3

Item Number Description Quantity Unit Unit Price Amount

0001 Vascular Surgeon Services

1,550 HRS $417.00 $646,350.00

0002 On-Call Hours 248 HRS $417.00 $103,416.00

Total Amount $749,766.00

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 ( ) 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):

In accordance with 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, unusual and compelling urgency, it is in the best interest of the Government to have Millbrook Support Services provide vascular surgeon services for the Phoenix VA Health Care System. Millbrook Support Services currently has surgeons who are fully credentialed and are providing these services. The credentialing process requires approximately ninety (90) days to complete. No other contractor can immediately perform this requirement by the required start date without potentially causing harm to the Veterans who depend on these vascular surgeon services.

In addition, by not continuing these services through a sole source contract with Millbrook Support Services, Inc., the harm to the Government would have been substantial duplication of costs, increased vendor pricing, and possible negative public relations with the Veterans and community.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The proposed action was not synopsized. FAR 13.501

(a) (1) states: “Acquisitions conducted under simplified acquisition procedures are exempt for unusual and compelling urgency applies due to the above-mentioned circumstances.

Additionally, per FAR 13.501(a)(1)(iii), the justification will be made publicly available within 30 days after contract award.

The using service intends to hire internally in order to prevent the staffing shortage in the future. If the position is not filled prior to the end of this contract, the using service will submit a procurement package with enough time to ensure the requirement is competed.

Effective Date: 02/01/2022 Page 3 of 3

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The cost were determined fair and reasonable based on FAR 13.106-3 (2)(iv)

– a comparison with similar items in a related industry. This sole source contract was negotiated, and the costs to the Government were be determined fair and reasonable in accordance with FAR 13.106-3(a)(2)(ii) - Comparison of the proposed price with prices found reasonable on previous purchases, and FAR 13.106-3(a)(2)(vi) comparison to the

IGCE.

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

Reasons Market Research Was Not Conducted: Market research was completed on March 2, 2023. A search in FPDS found 23 contractors who could potentially provide these services. However, due to the critical nature of these Vascular Surgeon services, there was insufficient time to compete the requirement without incurring a lapse in service, potentially risking veteran lives. Millbrook Support Services, Inc. is an SDVOSB who has provided similar services at the Phoenix VA with satisfactory past performance. Additionally, they are familiar with the credentially process and have staff readily available to fulfill this requirement in the urgent timeframe needed. Due to this fact, the Government deemed it appropriate to utilize the procedures at FAR 6.302-2, Unusual and Compelling Urgency. Therefore, it was in the best interest of the Government to award to Millbrook Support Services to provide Vascular Surgeon services.

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

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

Millbrook Support Services, Inc 149 Church St Millbrook, NY 12545

UEI: E2UBKGNNGCX7

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: The using service intends to hire internally in order to prevent the staffing shortage in the future. If the position is not filled prior to the end of this contract, the using service will submit a procurement package with enough time to ensure the requirement is competed.

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.