36C25519D0015-001.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 08 Page 1 of 5 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:36C255‐19‐AP‐0899

1. Contracting Activity: Department of Veterans Affairs, VISN 15, St. Louis Health Care System

Emergency Ambulance services for beneficiaries of the Veterans Administration, Department of Veterans Affairs, St. Louis Health Care System.

2237: 657‐19‐2‐1106‐0047.

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

Furnish ambulance services for beneficiaries of the Veterans Administration for the Department of Veterans Affairs, VA St. Louis Health Care System, 915 North Grand Blvd. Saint Louis, MO 63106.

The previously awarded contract (VA255‐17‐D‐0215) with Gateway Ambulance, for the required critical services, which was awarded on September 29, 2017, with an effective date of October 1, 2017 for a base plus four option years, has been terminated for cause. The emergency contract will be a Fixed Price Indefinite Delivery, Indefinite Quantity (IDIQ), contract for one year (Bridge), estimated value of $1,604,633.62.

Name of Proposed Contractor: Abbott Ambulance, Inc. d/b/a Abbott EMS Street Address: 2500 Abbott Place City, State, Zip: Saint Louis, MO, 63143‐2636

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

This is a justification for soliciting one source, Abbott Ambulance, Inc. d/b/a Abbott EMS for the services required. The action required is to provide ambulance services for beneficiaries of the Veterans Administration in accordance with all terms, conditions, provisions and the schedule of this solicitation for the Department of Veterans Affairs, VA St. Louis Health Care System, 915 North Grand Blvd. Saint Louis, MO 63106, from the period of February 22, 2019 to February 21, 2020:

4. 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 FAR 6.302‐1;

(X) (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;

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Revision 08 Date: 04/18/2018

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 per FAR 6.302‐2; due to the critical nature of the service requested.

NCO 15 originally awarded contract (VA255‐17‐D‐0215) to Gateway Ambulance, for the required critical services, which was awarded on September 29, 2017, with an effective date of October 1, 2017 for a base plus four option years. The awarded contract was in option year I when terminated for cause, the termination for cause with an effective date of February 21, 2019 was based on Gateway Ambulance’s failure to perform services at the request of the Government as prescribed contract VA255‐17‐D‐0215;

this service is critical and must continue uninterrupted.

Ambulance services are a vital requirement to ensure Veterans are able to get to and from the hospital for both urgent and immediate care; without this service, there would be potential for veterans to miss appointments and/or get the immediate care they need which could have a negative impact on their health and potentially their lives. Additionally, not only would a delay in award of a contract greatly affect Veterans care it would also result in serious financial injury to the Government if the services had to be FEE based out.

Abbott Ambulance, Inc. provided services under contract number VA255‐P‐1865 and VA255‐16‐D‐0232 for the St. Louis VAHCS and was the only other contractor to submit a proposal in response to VA255‐17‐ R‐0458 for the contract awarded to Gateway Ambulance. The contractor performing these Ambulance Transportation Services and a one (1) bridge contract was determined to be the best option as we prepare a new solicitation for a long‐term contract utilizing full and open competition. Abbott has been successfully fulfilling the contract requirements at prices that have been determined to be fair and reasonable. A one‐year bridge contract has an estimated value of $1,604,633.62. Based on the above information, it is determined to be in the best interest of the veteran and the government to award a one year contract to Abbott Ambulance, Inc.

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

Unusual and Compelling Urgency: 10 USC 2304(c) (2). Delay in award of a contract would negatively affect Veterans Care and could result in financial injury to the Government.

a. NCO 15 originally awarded contract (VA255‐17‐D‐0215) to Gateway Ambulance, for the required critical services , which was awarded on September 29, 2017, with an effective date of October 1, 2017 for a base plus four option years. The awarded contract was in option year I when terminated for cause, the termination for cause with an effective date of February 21, 2019 was based on Gateway Ambulance’s failure to perform services at the request of the Government as prescribed contract VA255‐17‐D‐0215; this service is critical and must continue uninterrupted

b. The contract, VA255‐17‐D‐0215 was solicited as a Base Year Plus four (4) option years contract, for the continuation of Ambulance Transportation Services.

c. The requirement was solicited utilizing full and open competition as an unrestricted procurement based on responses to the published sources sought.

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d. Request for Proposal (RFP) VA255‐17‐R‐0458 was released on July 17, 2017 with closing on August 7, 2017 at 2:00 pm CST. Only two (2) responses was received and were evaluated:

i. Gateway Ambulance 1530 Fairview

SAINT LOUIS, MO, 63132

DUNS 023663122 (Small Business)

ii. ABBOTT AMBULANCE, INC.

2500 ABBOTT PL

SAINT LOUIS, MO, 63143‐2636

DUNS 601604390 (Large)

e. Based on the evaluations, and considering the trade‐offs established in the solicitation, it was determined that the proposal provided by Gateway Ambulance is superior to all other proposals and it is recommended that award go to Gateway Ambulance as the Best Value to the Government.

NCO 15 awarded contract (VA255‐17‐D‐0215) to Gateway Ambulance, for the required critical services, which was awarded on September 29, 2017, with an effective date of October 1.

However, the awarded contract to Gateway Ambulance was terminated for cause with an effective date of February 21, 2019, based on Gateway Ambulance’s failure to perform services at the request of the Government as prescribed contract VA255‐17‐D‐0215. Based on the service being critical and must continue uninterrupted, it is determined that the best course of action will be to award the one (1) year contract to Abbott Ambulance and begin the process of a replacement contract for a Base Plus four (4) immediately.

No other market research was conducted at this time due to the service being critical and must continue, uninterrupted, it is determined the best course of action will be to award the one (1) year contract to Abbott Ambulance Inc. The requested ambulance service will be solicited during the requested Bridge contract in accordance with FAR 15 Contracting by Negotiation and responses to the sources sought, market research and the recently published Special Notice.

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

Reasonable:

The contracting officer has determined that the anticipated cost to the Government of $1,604,633.62 will be fair and reasonable. This determination is based on the price analysis technique of comparing the anticipated cost to the independent Government cost estimate (IGCE) developed for solicitation VA255‐ 17‐R‐0458). This IGCE (attached) was an unbiased cost estimate based upon the Government’s requirements and a proven, accurate aid in determining price reasonableness for solicitation VA255‐17‐ R‐0458 which received two offers: Gateway Ambulance and Abbott Ambulance (refer to paragraph 6 for further details). Both offeror’s proposed prices were determined fair and reasonable based on adequate price competition and comparison to the IGCE. The independent cost estimate for Option Year one (1) was established at $1,501,293.83 and for Option Year two (2) $1,576,358.52; these option year prices are within seven percent (7%) of and five percent (5%) of the anticipated cost of

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$1,604,633.62 respectively. In determing price reasonableness, a comparison utilizing both Option Year one (1) and Option Year 2 of the IGCE was determined appropriate since the period of performance for the bridge contract would cross the IGCE’s period of performance for both these option years. Based on the accuracy and recency of the IGCE and small variance between the anticipated cost to the Government and the IGCE, the contracting officer has determined that the anticipated cost will be fair and reasonable.

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

Market Research Was Not Conducted:

Based on critical nature of the requested service and the immediate need for a contractor to perform the requested services due to the termination of the previous awarded contract to Gateway Ambulance, the contracting office published an Special Notice (intent to sole source) to https://www.fbo.gov/, requesting that interested vendors submit capabilities statements for the follow on procurement. No other market research was conducted at this time due to the service being critical and must continue uninterrupted, and that the it is determined the best course of action will be to award the one (1) year contract to Abbott Ambulance Inc.

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

The services under the terminated contract (VA255‐17‐D‐0215) are vital to the VA Medical Center and if interrupted would jeopardize Veteran care. It is determined that the best course of action will be to award the one (1) year contract to Abbott Ambulance for service to continue uninterrupted to the eligible beneficiaries of the Department of Veterans Affairs, St. Louis Health Care System.

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

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:

The requested ambulance service will be solicited during the requested Bridge contract in accordance with FAR 15 Contracting by Negotiation and responses to the sources sought, market research and the recently published Special Notice.

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.

Name: Kristina McManus Date Title: Chief, Health Administration Service Facility: St. Louis VA Medical Center

March 7, 2019

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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.

Name: Frank Novello Date Title: Contracting Officer Facility: NCO 15 Contracting

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.

Name: Roy D. Harrison Date Supervisory Contract Specialist, NCO 15 Contracting

c. Director of Contracting (Required over SAT but exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Name: Scott R. Fiscus Date

Director of Contracting NCO 15 Contracting

d. VHA SAO 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.

Name: Terry L. Spitzmiller Date Acting Executive Director, SAO Central

VHACINSpitzT Typewritten Text 03/11/2019