Sole Source (Emergency) Vascular Surgeon (executed) - Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items

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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

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

This acquisition is for the contractor to provide onsite Vascular Surgeon 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. Contactor is to provide all necessary personnel/labor, equipment/software, transportation, supplies, and disposable to perform onsite Vascular 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.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

Vascular Surgeon procedure consists of the use of advanced technology to perform vascular and endovascular surgery, including complex stenting procedures, blood clot removal and bypass surgery. Conditions treated include peripheral artery disease, aortic disease, mesenteric disease nutcracker syndrome and carotid artery disease and other task inherent to a Vascular 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 03-01-2023 through 02-29-2024 which is a length of one (1) year (every third week).

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

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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):

Unusual and Compelling Urgency

This service is needed at once to ensure that existing Department of Veterans Affairs coverage for Vascular Surgeon services at MEDVAMC has coverage to support the Veterans of MEDVAMC. This is it ensure that Department of Veterans Affairs Vascular Surgeon staff are not affected by burnout (error/mistake by Surgeon due to not enough staff for coverage) until MEDVAMC may hire additional Vascular Surgeon Staff for coverage. This is to ensure that quality of care/patient safety are not affected. Without these Vascular Surgeon Services for these procedures, 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. This would cause disruption to current patient treatment plans that would affect patient safety. 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:

Only one capable and willing contractor is able to provide onsite Vascular Surgery Service due to the specialized need for these types of services where Vascular Surgeons are high demand and nearly impossible to obtain. 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

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Breakdown is below:

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

Note: Award amount based on contractor market research pricing is $358,000.00.

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 directly contacting verified SDVOSB/VOSB companies that normally are able to provide medical services requirements. 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 Baylor College of Medicine (Baylor), but Baylor responded that they could not meet MEDVAMC requirement due to not having resources. In addition, the Contracting Officer reached out to 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 it was determined by the Contracting Officer to move forward with a sole source to the only contractor (Medicus Healthcare Solutions, LLC) willing and able to meet the Government’s needs, outlined below is based on MEDVAMC need:

Contractor is required to provide seven (7) days of on-call coverage every 3rd week. Vascular Surgeon to Cover On-Call Monday through Thursday (7:00 pm to 7:00 am) and Friday through Sunday (24/7) of on-call coverage per 3rd week.

Period of Performance: One (1) year (every third week) Location: Houston, TX On-Call: 2,040 Hours Call-Back: 2 Hours

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

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Healthcare Solutions, LLC has the ability to provide these services to meet the quality of care standards set fourth for the Department of Veterans Affairs. Medicus Healthcare Solutions, LLC has been confirmed as a Large Business and has a valid System for Award Management (SAM) registration in the database.

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

No other contractor willing to provide this requirement based on MEDVAMC service line’s needs.

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

Medicus Healthcare Solutions, LLC 22 Roulston Road Windham, NH 03087

Contractor Unique Entity ID: HWWKAEW8RPN5

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:

Human Resources Service which supports MEDVAMC is actively recruiting FTEs for Vascular Surgeons to provide these services. MEDVAMC is currently authorized a total of 5 FTEs, which 3 FTEs out of 5 FTEs have been filled with VA staff. MEDVAMC is actively recruiting for 2 additional FTEs (Vascular Surgeon) to fill the remaining vacancies at MEDVAMC.

In addition, 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.

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.

Date

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.

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b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.