P03- Limiting_Sources_Justification Ortho Sur (002).pdf

Effective Date: 02/01/2022 Page 1 of 4

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C262-23-AP-5412

(1) Contracting Activity: The Department of Veterans Affairs(VA) Phoenix VA Healthcare System (PVAHCS) by the VHA Regional Procurement Office – West, VISN 22, Network Contracting Office (NCO) 22, in support of Phoenix VA Healthcare System (PVAHCS) located at 650 Indian School Rd., Phoenix, AZ 85012. The funding request number is 644-23-3-482-0032:

Orthopedic Spine Surgeon Services.

(2) Description of Action: This acquisition is conducted under the authority of the Multiple- Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501).

Order against: FSS Contract Number: 36F79721D0203

Name of Proposed Contractor: Millbrook Support Services

Street Address: 149 Church Street

City, State, Zip: Millbrook, NY 12545

Phone: 480-757-0002

(3) Description of Supplies or Services:

The PVAHCS is currently dealing with an Orthopedic Spine Surgeon crisis, as they have had a difficult time recruiting and retaining this position. To the point that they currently do not have an Orthopedic Spine Surgeon on staff. Orthopedic Spine Surgeons are imperative members of the Healthcare System as they examine, diagnoses, and treats diseases and injuries to the musculoskeletal system. They also prescribe course of treatment for patients with injuries, disorders, or malformations and performs required surgery, and conducts and supervises direct patient care, including some non-surgical treatment options. The workload at the PVAHCS will affect the quality of care our Veterans deserve and need, and costing the hospital money by having to referral Veterans out to the community to get the care they need.

The estimated value of the proposed action is $416,622.50

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

https://www.acquisition.gov/far/part-8#FAR_8_405_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap5-subchapI-sec501.pdf

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FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; Millbrook Support Services has been contracted in the past to provide these services and they have a rapid onboarding process to bring staff on site rapidly. Bringing in another contractor without the ability to onboard them rapidly, would continue to force Veterans to get seen out in the community without an Orthopedic Surgeon onboard, which can take up to months to complete and costing extra monies. Furthermore, Millbrook Support Services, is a verified SDVOSB, and meets the VA’s Small Business goals.

Due to the critical need of this requirement, there is not enough time to competitively procure these services; however, with this short term contract in place, it will allow the time necessary for PVAHCS to recruit long term for these services in the future.

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures.

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: GSA has already determined the prices of fixed-price services, and rates for services offered at hourly rates, under schedule contracts to be fair and reasonable. Therefore, ordering activities are not required to make a separate determination of fair and reasonable pricing, except for a price evaluation as required by 8.405-2(d).

The ordering activity is responsible for considering the level of effort and the mix of labor proposed to perform a specific task being ordered, and for determining that the total price is reasonable. A comparison of the level of effort was made between similar contracts with Millbrook and this new short-term contract. The level of effort is comparable to previous contracts which were determined reasonable at the time of award.

https://www.acquisition.gov/far/part-8#FAR_8_405_6 https://www.acquisition.gov/far/part-8#FAR_8_405_6 https://www.acquisition.gov/far/part-8#FAR_8_405_6 https://www.acquisition.gov/far/part-8#FAR_8_405_6

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By placing an order against a schedule contract using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government’s needs.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Market research has been conducted. A search was conducted in the U.S. Small Business Administration webpage https:// https://www.sba.gov/ to gage the availability of possible interested and capable SDVOSB/VOSB concerns. The inquiry resulted in (1349) possible capable and interested contractors with the NAICS Code 561320. Other contractors are available, however, due to the critical need for an Orthopedic Spine Surgeon at the PVAHCS, competition is not an option. This position requires various background investigations that must take place as part of the hiring onboard process and are very time consuming. Not having a contract in place would negatively affect the continuation of services for Veterans.

Aside from being a certified SDVOSB, the current vendor Millbrook Support Services, is also awarded a GSA contract 36F79721D0203.

(7) Any Other Facts Supporting the Justification: NA

(8) A Statement of the Actions; Due to the critical need of this requirement, there is not enough time to competitively procure these services; however, with this short term contract in place, it will allow the time necessary for PVAHCS to recruit for these services in the future.

Market research was conducted but due to the critical need of this requirement Millbrook would be best suited to carry out the services. The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

Paula Fisher Administrative Officer Phoenix VA Health Care System

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(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Danielle Trudeau, Contracting Officer DATE

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K):

I certify the justification meets requirements for other than full and open competition.

Michael Cordeiro Date Healthcare Resources II, Branch Chief https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx