-20652.pdf

OFOC SOP Revision 08 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C247-20-AP-2181

1. Contracting Activity: Department of Veterans Affairs, VISN 07, Dorn VA Medical

Center, 6439 Garners Ferry Rd, Columbia SC 29209. Wheelchair Van Transport Services

(IFCAP 2237: 544-20-3-825-0212)

2. Nature and/or Description of the Action Being Processed: The Purpose of this requirement is to award a new Firm-Fixed Priced Wheelchair Van Transport Services contract to Transport Care Services for the beneficiaries of the WJB Dorn Medical Center located in Columbia, SC to include the following Community Based Outpatient Clinics (CBOCs): Anderson, Greenville, Spartanburg, Rock Hill, Florence, Sumter, and Orangeburg.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for Wheelchair Van Transport 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.

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

Medical Center anticipates making a Small Disadvantaged/Minority-Owned Sole Source award for a short-term contract covering a duration of six months to provide Wheelchair Van Services for the Veterans located within the servicing area of South Carolina. This short-term contract will provide services pending the contractual arrangements for establishing a long-term contract. Estimated value $887,152.00; Period of Performance: 1 April 2020-30 September 2020.

This period of performance will allow time to work through a GAO Protest filed under B- 418471 on February 13, 2020 by Shaker Logistics. Additionally, this time will facilitate the 60-day transition period that is needed upon contract award. The anticipated award date of the new long-term contract is on or before July 1, 2020.

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency

Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per

FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4

( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition

Requires the Use of the Authority Cited Above (applicability of authority): The Wheelchair Van Transport service is currently being conducted by Transport Care Services, under the extension of services clause. The continuation of this essential service is needed to preclude healthcare delivery capabilities and mission performance. Transport Care Services is estimated to complete 3,843 trips covering seven Community-based out-patient clinics to include the Columbia, SC metropolitan area over the course of this bridge contract. Any break in service would place WJB Dorn VA Medical Center at risk. To avoid an adverse impact to Veteran care, Transport Care is the only source that can handle the capacity of this action given the time we have left on contract.

Accordingly, at this present time Transport Care Services is the only responsible firm capable of providing the services described in Section III above without the Veteran’s Health Administration experiencing unacceptable delays in fulfilling its requirements. The duration of this short-term contract will allow the necessary amount of time needed to properly develop the solicitation and award the new long-term contract. It is within the government’s best interest to invoke this authority. Further, considering the GAO protest file by Shaker Logistics, the current contractor is familiar with each facility and understands what is required under the existing terms and conditions;

therefore, eliminating any potential delays that would arise from transitioning to another vendor at this time. The medical center and outlying clinics cannot have any disruption of services, as it would be detrimental to patient care. As such, the interim contract is needed to facilitate the protest time and award of a new five-year contract.

The award of the new contract is anticipated on or before July 1, 2020.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This requirement was solicited using other than full and open competition after exclusions as a 100% SDVOSB set-aside. The current solicitation was protested and to avoid further delays it is necessary to sole source to the incumbent until the protest is resolved.

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

Reasonable: Price for the non-emergent Wheelchair Van Transport services will be determined fair and reasonable based on the techniques found at FAR 13.106-3. Further, Transport Care pricing has been determined fair and reasonable on previous contract awards.

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

Market Research Was Not Conducted: Market research was not conducted for this current action.

However, because this interim contract is being worked concurrently with the new base plus four option year award, market research began by hosting a Dorn VA Special Mode Transportation Industry day. The results of the market research showed a high interest, with vendors being able to perform either the Wheelchair service and/or non-emergent ambulance service. Also, we were able to discover the VA Medicare rates were operating below industry standards.

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

Solicitation (36C24720R0008) is under GAO protest. Failure to continue this service would impede the facility’s ability to provide access to patient care for our Veterans. Moreover, the incumbent contractor is prepared to continue performance without any delays.

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

a) Professional Staffing, LLC.

b) MedShore

c) Priority One

d) Transport Care

e) South Star

f) Shaker Logistics LLC.

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: Based on an examination of the acquisition history and experience with the marketplace under previous acquisitions for the same or similar services, the acquisition strategy moving forward will be to utilize full and open competition after exclusion of sources (set-aside).

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.

KEITH A. MADDOX Date Management & Program Analyst Dorn VA Medical Center, Columbia SC

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.

LATOYER N. FURBUSH Date Contracting Officer Ralph H. Johnson VAMC http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

b. 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.

PRUDENCE Y. HOWARD Date Director of Contracting Network Contracting Office -7

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

JOSEPH P. MALETTA Date Executive Director, RPO East VHA Head of Contracting Activity (HCA)