V225--Ambulance Service - Urgency - JOFOC Augusta VA Medical Center

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP OFOC SOP Revision 09 Original Date: 03/22/11 Revision 09 Date: 04/17/2020 Page 1 of 4 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C247-20-AP-3276 Contracting Activity: Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 07, Charlie Norwood VA Medical Center, 509-20-3-523-0028 Nature and/or Description of the Action Being Processed: This is an emergency requirement for the Charlie Norwood VA Medical Center (CNVAMC) has a requirement for a twenty-four (24) hour/seven (7) day a week ambulance service consisting of Basic Life Support (BLS), Advanced Life Support (ALS), and stretcher van transport services. Ambulances in this requirement will include the need for BLS and ALS in non-emergency situations. Due to weight or size of some patients may be defined as bariatric patients and require the use of specialized stretchers. Because of specialized care for Spinal Cord Injury patients, stretcher vans should be used. The veterans motorized wheelchairs may need to accompany the veteran in the stretcher van. As a two-division tertiary facility the Charlie Norwood VA Medical Centers service area will include ambulance (ALS/BLS) and stretcher service between the two divisions of this medical center, Three Community Based Outpatient Clinics (CBOC s) in Athens, GA, Statesboro GA and Aiken SC, as well as the following six states Georgia, Alabama, South Carolina, North Carolina, Tennessee and Florida. FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for emergency ambulance 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. The estimated value of this contract is Description of Supplies/Services Required to Meet the Agency s Needs: The contractor shall furnish ground ambulance / stretcher transportation with the inclusive provision of medical services for BLS and ALS to the Veterans receiving health care from Charlie Norwood VA Health Care System and all outlying CBOC s, in accordance with all terms and conditions of the contract, as awarded. The contractor shall provide all supplies, materials, equipment, labor, supervision, management and transportation to furnish BLS / ALS transportation for eligible veterans located in the in the State of Georgia. The period of performance of this contract will be for four (4) months. Statutory Authority Permitting Other than Full and Open Competition: ( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1; (X) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3; ( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5; ( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6; ( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7; FAR13.5 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 and is implemented by restricting competition on this procurement via FAR 13.106-1(b)(2). Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The Agency has been forced to terminate the newly awarded contract 36C24720D0006 due to an agency level protest that required Network Contracting Office (NCO) 7 to re-compete the requirement to all original proposers. In order to do this a continuity of services was issued for sixty (60) days to allow for the re-competing and award of a new contract which was awarded under 36C24720C0128 to Regional Services, LTD. At the close of the of the amended receipt of proposals date of May 25, 2020, only one (1) proposal was received compared to the original three (3), two (2) of the original proposers no-bid the amended solicitation. Although the proposal provided was determined technically acceptable, the price given was substantially higher than what the contracting officer (CO) could determine to be fair and reasonable. No award was made, this contract is needed to allow proper time to re-compete and award a new permanent contract. The continuation of the services under this contract are critical and the acquisition of this service under this proposed sole source contract are urgent and compelling, where it is critical to providing health care for Veterans that affect both the life and health of these Veterans. Any break in service for the services under this contract will risk the life, health, and well-being of numerous Veterans being treated in the Augusta Metro area. In order avoid this risk to the lives and health of these Veterans under the care of the Augusta VA Medical Center Healthcare System, an award must be made to the contractor current performing the work, Regional Services, LTD. It is in the Agency s best interest, as a health care provider to Veterans to award this contract under this authority. As such, this contract, awarded under the provisions of FAR 6.302-2, Unusual and Compelling Urgency . Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This contract action for ambulance services is a replacement for the current contract, 36C24720C0128, which was awarded on April 14, 2020 and is the current continuity of service bridge in place. The Agency terminated the newly awarded contract, 36C24720D0006, on March 10, 2020 due to an agency level protest that required the resoliciting of the requirement. The only revised proposal received was determined not the be fair and reasonable to the Government and a post protest award was not made. In order to get a contract in place without a lapse in service an award will have to be made to the incumbent contractor currently performing the work. No market research was conducted outside of the required vendor information page (VIP) search required by the VA Acquisition Regulation (VAAR) and Veterans Health Administration (VHA) Procurement Manual, results have been uploaded to the contract file. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost of $699,000.00 is determined to be fair and reasonable as it was compared to the current contract on 36C24720C0128 of $350,248.54 for sixty (60) days of service awarded which would put the estimated cost of four (4) months at $700,497.08. The price difference of $1,497.08 was considered minimal given the short turnaround time for the new contractor to activate with a very short notice and anticipates wage rate increases of 2-5%. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The termination of the contract 36C24720D0006 was one (1) month after award, which is a relatively short period of time since the market research was conducted for the present contract. During the Pre-Award phase, for the current contract, substantial market research was accomplished for this requirement. The research resulted in a set-aside under the rules of the Small Business Administration for Service-Disabled Veteran-Owned Small Businesses (SDVOSB). However, the pricing given was not fair & reasonable. Any Other Facts Supporting the Use of Other than Full and Open Competition: The current continuity of services contract is expiring, and a new contract was not award due to the circumstances noted above. The failure to continue these services would have an almost catastrophic impact on the ability of the Augusta VA Medical Center and the associated CBOCs to provide access to patient care for our Veterans, which would pose a threat to the lives, health and well-being of the Veterans. Moreover, Regional Services, LTD is prepared to continue performance without any delays. Therefore, the confluence of these factors fully justifies the exception of this acquisition to the requirements under the Competition in Contracting Act of 1984 (CICA), under the terms of FAR 6.302-2 ( Unusual and Compelling Urgency ). Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Regional Services, LTD. 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: A sources sought notice will be posted prior to the soliciting of a new requirement to replace the four (4) month contract being put in place. The notice will help determine the small business capabilities and interest in performing ambulance services for the future contract. 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. 06/10/2020 Angelo L Diaz Date Supervisory Medical Administrative Specialist Charlie Norwood Veteran Affairs Medical Center Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: This part if filled out by Contracting Staff as part of the Justification 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. Sheryl Harris 1090923 Digitally signed by Sheryl Harris 1090923 Date: 2020.06.11 12:38:58 -04'00' Sheryl D. Harris Date Contracting Officer NCO 7 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. James E. Boles 585564 585564 Digitally signed by James E. Boles Date: 2020.06.19 08:49:29 -04'00' James E. Boles Date Services Branch Chief NCO 7