Sole Source CT Surgeon v3 (executed) Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items

Effective Date: 02/01/2022 Page 1 of 5

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR) 13.5

Acquisition Plan Action ID:

1. Contracting Activity: Department of Veterans Affairs Network Contracting Office 16 (NCO 16) 5075 Westheimer Road, Suite 750 Houston, TX 77056

Organizational Activity: Department of Veterans Affairs Micheal E. DeBakey VA Medical Center (MEDVAMC) 2002 Holcombe Boulevard Houston, TX 77030

2237:

2. Nature and/or Description of the Action Being Processed:

3.

This acquisition is for the contractor to provide onsite Cardiothoracic Surgeon (CT) services to include on-call coverage in accordance with Far 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services 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 6.302-2.

Contractor is to provide all necessary personnel/labor, equipment/software, transportation, supplies, and disposable to perform onsite CT Surgeon services at MEDVAMC located at 2002 Holcombe Boulevard, Houston, TX 77030. This proposed single source award (sole source) for this firm fixed price type contract will be procured through soliciting from a single source acquisition to Medicus Healthcare Solutions, LLC.

CT Surgeon procedure consists of cardiac/thoracic surgery call as an independent practicing surgeon, care of patients in the ICU, aortic dissection, valve repair and replacement, coronary artery bypass grafting, lung resection, decortication, TAVR, chest tube placement, central line placement, arerial line place, intubation, thoracentesis, and other task inherent to a CT surgeon. In accordance with Federal Acquisition Regulation (FAR) 13.106-1 (b) Soliciting from a single source and FAR 13.5, the Contracting Officer has deemed this requirement as an unusual and compelling urgency.

Moving forward with this requirement under emergency procurement procedures has been approved in accordance with NCO 16, Division III emergency approval process.

Period of performance of this requirement is from 07-01-2022 through 06-30-2023 which is a length of one (1) year (every third week (17 weeks)). The total estimated cost of this procurement is $336,300.00.

Without the contracted services eligible Veterans will not receive specific Cardiothoracic Surgery Services required.

Effective Date: 02/01/2022 Page 2 of 5

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. Demonstratio the Use of the Authority Cited Above (applicability of authority):

Unusual and Compelling Urgency

This service is needed at once to ensure that existing Department of Veterans Affairs coverage for CT Surgeon services at MEDVAMC has coverage to support the Veterans of MEDVAMC. This is it ensure that Department of Veterans Affairs CT Surgeon staff are not affected by burnout (error/mistake by Surgeon due to not enough staff for coverage) until MEDVAMC may hire additional CT Surgeon Staff for coverage. This is to ensure that quality of care/patient safety are not affected. Without these CT Surgeon Services for these procedure, MEDVAMC would not be able not perform any procedures/surgeries which would overall affect patient safety. This is an emergent need due to the effect that this service has on patient safety and to not lower the quality of care provided to the Veterans of MEDVMAC. If award is not made to Medicus Healthcare Solutions, LLC, scheduled Veteran surgeries will have to be cancelled, which is unacceptable. Per market research conducted by the Contracting Officer Medicus Healthcare Solutions, LLC is willing and capable to satisfy agency requirements and a sole source award will be made under unusual and compelling urgency to meet MEDVAMC quality standards and need date.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

A source sought synopsis was issued on Contract Opportunities on 05-25-2022 by the Contracting Officer to conducted additional market research to find potential sources to provide this requirement. Only one capable and willing contractor responded. Reference section 8 for additional details and responses of sources sought.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable:

An informal price analysis was conducted by the Contracting Officer and in accordance with FAR 13.106-3 it is anticipated that overall pricing will be determined fair and reasonable for the estimated award amount of $336,300.00 when compared to the Independent Government Cost Estimate (IGCE).

Effective Date: 02/01/2022 Page 3 of 5

Breakdown is below:

When comparing the hourly rate for this service under current healthcare worker shortages, lack of industry interest for this requirement

Total Price: $336,300.00

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

Market Research Was Not Conducted:

In accordance with FAR 10 market research was conducted it was identified that no Service-Disabled Veteran Owned Small Business (SDVOSB) or Veteran Owned Small Business (VOSB) could provide this requirement by query the VIP database that yield zero (0) results of verified SDVOSB/VOSB companies that are able to provide this requirement. Mission partner conducted market research and did not find any Federal Government Contractors that were willing or capable to provide this requirement.

MEDVAMC reached out to the local healthcare provide , but responded that they could not meet MEDVAMC requirement due to not having resources. In addition, the Contracting Officer reached out multiple SDVOSB contractors that provides healthcare services that are known to be capable to provide these services, but none of these contractors were willing to provide this requirement based on MEDVAMC need. Reference market research report for additional details.

Due to multiple contractors not willing to provide this requirement a source sought was posted on Contract Opportunities on 05-25-2022 by the Contracting Officer to conducted additional market research to find potential sources to provide this requirement. Only one contractor, Medicus Healthcare Solutions, LLC, responded to the outlined requirement below:

CT Surgeon to Cover On-Call Monday through Thursday (7:00 pm to 7:00 am - 48 hours) and Friday 7:00 pm through Monday 7:00 am (60 hours) - 108 hours per week. Every 3rd week for 17 weeks in a year

It has been determined and confirmed through market research conducted by the service line and the Contracting Officer that no other contractor can provide or is willing to provide this requirement except for Medicus Healthcare Solutions, LLC. Service line has also confirmed that Medicus Healthcare Solutions, LLC has the ability to provide these services to meet the quality of care