36C24820D0034-001.pdf

OFOC SOP Revision 08 Page 1 of 4 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: 36C248-20-AP-1134

1. Contracting Activity:

Department of Veterans Affairs Miami VA Healthcare System Network Contracting Office - 8 (NCO – 8) 1201 NW 16th Street Miami, FL 33125

Requesting Authority:

Department of Veterans Affairs Bruce W. Carter VA Medical Center 1201 NW 16th Street Miami, FL 33125

Transaction Number: 546-19-3-568-0184

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

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for Non-Emergency Special Mode Transportation (SMT) services in support of the Miami VA Healthcare System for qualified and pre-approved Beneficiary Travel (BT) beneficiaries.

This acquisition is 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.

This contract shall be a short-term Indefinite Delivery, Indefinite Quantity (IDIQ) Fixed Price Contract.

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

A. Non-Emergency Wheelchair Transportation. Per trip from facility to beneficiaries’ residence or vice versa (one way) at an estimated cost of $180,005.00.

B. Non-Emergency Stretcher Transportation. Per trip from facility to beneficiaries’ residence or vice versa (one way) at an estimated cost of $25,000.00.

C. One-way per mile rate for Wheelchair or Stretcher Patients (in addition to A & B) at an estimated cost of $480,00.00.

D. Total for this procurement is $685,005.00.

OFOC SOP Revision 08 Page 2 of 4

Revision 08 Date: 04/18/2018

E. Estimated Period of Performance is 01/20/2020 – 03/31/2020.

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

FAR Subpart 13.5 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 for restricting competition on this procurement.

(X) Unusual and Compelling Urgency per FAR 13.106-1(b)(2)

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Contract Number 36C24819D0095 is a short-term bridge contract with a period of performance of 07/20/2019 – 01/19/2020. This IDIQ has a maximum contract value of $2,000,000.00 and will reach the maximum contract value on 01/19/2020. The Contracting Officer has determined that increasing the contract value would be out of scope.

The long-term contract has been delayed, and the current contract will end on January 19, 2019, but the services are still needed. Market Reaserch has been conducted, and it has been determined that other vendors can provide the service, but the Government can not have a lapse in services. Due to the critical nature of the service, the incumbent is the only source capable continuing performance without interruption until the long-term, follow-on contract is aawarded.

More than 2,000 Veterans rely daily on SMT services to get to and from doctor’s appointments and various other medical treatments per month throughout the Miami VA Health Care System. Without this services patient care will be impacted leaving Veterans unable to travel to appointments necessary to receive much needed medical treatments Accordingly, there is an urgent and compelling need for SMT services in accordance with FAR 13.106-1(b)(2).

The proposed contractor is the incumbent contractor under Contract Number 36C24819D0095 and has been performing the contract without incident. Accordingly, the contractor has been determined responsible in the previous contract which began on July 20, 2020.

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

The Request for Proposals is currently being reviewed for publication for VA Miami Beneficiary Travel. The solicitation is a SDVOSB Set-Aside and for a Fixed Price IDIQ contract with a Base Year with (4) Option Years.

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

OFOC SOP Revision 08 Page 3 of 4

Revision 08 Date: 04/18/2018

The contractor has agreed to keep the same price as the current contract 36C24819D0095.

The original contract 36C24818P6835 was competed and the prices found fair and reasonable.

The contractor has kept the same price since September 1, 2018. Accordingly, based on the foregoing, the prices for this short-term contract are hereby deemed fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

The long-term contract has been delayed, and the current contract will end on January 19, 2019, but the services are still needed. Market Reaserch has been conducted, and it has been determined that other vendors can provide the service, but the Government can not have a lapse in services. Due to the critical nature of the service, the incumbent is the only source capable continuing performance without interruption until the long-term, follow-on contract is aawarded.

Based on Market Research, the long-term follow on contract a SDVOSB Set-Aside.

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

There are no further facts supporting Justification for Other than Full and Open Competition (JOFOC). As previously stated, the RFP is currently under review.

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

Thrower Mobility Transportation Services 5935 NW 12th Avenue Miami, FL 33127

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:

A Fixed Price IDIQ Contract with a Base Year and (4) Option Years is being developed.

OFOC SOP Revision 08 Page 4 of 4

Revision 08 Date: 04/18/2018

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.

Christian Zegarra Date Supervisor Medical Support Assistant

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.

W. Lance Bridger Date Contracting Officer

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.

Christopher Murphy Date Branch Chief

Christopher W.

Murphy 277145

Digitally signed by Christopher W. Murphy 277145 Date: 2020.01.29 12:07:54 -05'00'

CHRISTIAN A.

ZEGARRA 487571

Digitally signed by CHRISTIAN A.

ZEGARRA 487571

Date: 2020.01.29 13:25:29 -05'00'