36C24619C0001-000.docx

FedBizOpps Justification and Approval Notice

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* = Required Field FedBizOpps Justification and Approval Notice Rev. March 2010 Q Emergency Sole Source Contract for Emergency Room Physician and Department Director staffing services for Fayetteville

VAMC.

23667 36C24619R0001 N 561320 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton VA 23667

FAR 6.302-2

36C24619C0001 4,629,600.00 10-01-2018

EMERGENCY MEDICAL ASSOCIATES OF NJ PA (INC)

3 CENTURY DR

PARSIPPANY

NJ

07054 Network Contracting Office (NCO) 6 Mario L Santiago mario.santiago@va.gov Contracting Officer

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

Justification

For

Other Than Full and Open Competition

1. Contracting Activity:

The Department of Veterans Affairs, Network Contracting Office 6 (NCO 6) Hampton, VA on behalf of the Fayetteville VA Medical Center (FVAMC) Fayetteville, NC, provides a justification for other than full and open competition for Urgent Care Physician staffing and Management of the Fayetteville VA Medical Center Urgent Care Clinic (UCC). This requirement is for the turn key operation of the UCC to include all Physician staff and a Medical Director position. This is not a locum tenens contract and due to the urgency, will require the incumbent to have credentialed and privileged candidates who have a completed background check available immediately. The proposed contract number for this emergency award is 36C24619C0001.

1. Description of Action:

Due to a protest of a competitive solicitation for the same services listed above, we are requesting a Six (6) Months Base Period plus a Six (6) Month Option Period emergency bridge sole source contract with the incumbent contractor, Emergency Medical Associates (EMA), for the operation of the FVAMC UCC.

1. Description of Supplies or Services:

This request is for the continued operation of the FVAMC UCC. The period of performance will be effective October 1, 2018 for six (6) months plus a six (6) months option period. This requirement is for the turn key operation of the UCC to include all Physician staff and a Medical Director position. This is not a locum tenens contract.

The total estimated price of the proposed action is: $4,629,600.00.

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

(x) FAR 6.302-2 (a) (2) Unusual and Compelling Urgency: The agency need for the staffing and operation of the UCC is so urgent that providing a fair opportunity would result in unacceptable delays which will seriously impact patient care. In fact, the contract is so urgent the it will require the awardee to have credentialed and privileged candidates who have a completed background check to be immediately available.

1. Rationale supporting Use of Authority cited Above:

The current contract ends on Sept 30, 2018. A new solicitation was posted on FBO July 13, 2018. A protest was issued on Jul 23, 2018. To avoid the discontinuation of services while the protest is being resolved, an emergency bridge contract must be awarded. Since the UCC is completely run by contractor staff under the oversight of their Medical Director, services must continue or Urgent Care Services at the Fayetteville VAMC would virtually collapse and there would no longer be access to care for urgent/emergent patients. This would result in higher morbidity rates, longer travel distances to local emergency rooms, longer wait times at local hospitals and increased patient complaints. In addition, if the UCC contract is halted or eliminated, and patients are referred to community hospitals and clinics, the numbers and amounts of fee basis authorizations could create overwhelming expense for the FVAMC.

There are no other alternatives available for immediate performance of these physician services. The credentialing of qualified physicians can take anywhere from 90 to 180 days.

If we were to award the contract today to a new contractor, we would have to invoke the continuity of services clause with the incumbent to ensure services were continued during the credentialing process of the new contractor. Even then, there is no guarantee a new contractor could accomplish all the credentialing and background checks in time to begin performance. Given these circumstances, continued performance by the incumbent is the only alternative available as they have the credentialed staff with completed background checks to begin performance immediately.

1. Efforts to obtain Competition:

The protested solicitation mentioned above was competed but has been suspended while the protest is resolved. Therefore, the CO requested an offer from only one source, that being EMA, the incumbent, as that is the most practicable approach due to the very small window of time before the current contract expires on Sept 30, 2018.

1. Actions to increase Competition:

Full and Open Competition was sought under the protested solicitation and there are no other actions now that would increase competition.

1. Market Research:

Market research was performed and is attached. The current incumbent contractor is the only firm that can successfully ensure that services are not interrupted due to their large pool of 50 providers who are mostly local and who already have completed background investigations and are credentialed at the FVAMC. No other firm has the qualifications to begin performance on October 1, 2018. Based on the necessity to sole source this requirement to the incumbent no further market research was conducted for this procurement.

1. Other Facts:

There are no other facts that have not already been provided.

1. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Administrative Officer, Medicine Service Line Contracting Officer Representative (COR)

1. Determination that Anticipated Cost is fair and Reasonable: A determination has been made by the contracting officer that the anticipated cost to the Government will be fair and reasonable as the pricing is based on current contract prices which were determined to be fair and reasonable at the time of award.

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

Branch Chief Medical Services Team

1. Approvals in accordance with the VHAPM, Volume 6, Chapter VI: OFOC SOP.

0. Director of Contracting/Designee: I certify the justification meets requirements for other than full and open competition.

Nancy Bailey Date NCO6 SAOE Director of Contracting Hampton, VA

b. VHA 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 for other than full and open competition.

Brent Goe Date SAO East Director (Acting)