36C257-24-AP-1730_13_Redacted.pdf

36C257-24-AP-1730

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan: 36C257-24-AP-1730 Verbal Approval Date: 05/07/2024

Award Date: 05/10/2024

JOFOC: FY24 – NCO 17 - 874

1. Contracting Activity: Department of Veterans Affairs, Veteran’s Integrated Services

Network (VISN) 17, Amarillo / Big Springs Veterans Healthcare System (VHS), and the Network Contracting Office 17 Veteran’s Health Administration (VHA) Regional Procurement Office-West Temple Texas. Procurement Request Number: 519-24-3-404-0016.

2. Nature and/or Description of the Action Being Processed: A short-term contract to provide Service-Advanced Life Support (ALS) / Critical Care Transport (CCT) pre-arranged air ambulance service. Action was awarded as a firm fixed price, indefinite-delivery indefinite quantity (IDIQ) contract to the incumbent contractor pursuant to FAR 13.106- 1(b)(2); Only one responsible source and no other supplies or services will satisfy agency requirements. This is to ensure there is no interruption of service while the long-term national contract is competed.

Due to the critical services being provided, a break in service could create mission failure for Amarillo / Big Springs VAHCS requirements to provide critical care patients air ambulance transportation.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Contractor shall provide ALS/CCT pre-arranged air ambulance service twenty-four (24) hours per day, seven (7) days per week, including all holidays, for beneficiaries of the Department of Veteran’s Affairs (VA) utilizing a physician or registered nurse with critical care training, and current advanced cardiac life support as the designated medical flight attendant. For the purpose of this Contract, patients shall be transported by air transport only if the patient requires continuous electrocardiogram (EKG) monitoring and/or the physician designates a patient as a critical care transport.

Air ambulance flights are expected to be one-way trips (patient onboard only) if the authorized beneficiary is transferred to another VA or non-VA facility. The short-term contract will consist of two (2) 6-month ordering periods with an estimated value of less than $1.3 million. The period of performance will be 05/11/24 – 05/10/25.

4. Statutory Authority Permitting Restricted Competition: FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and implemented by FAR 13.106- 1(b) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

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

( ) Unusual and Compelling Urgency

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

( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

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 delay of the acquisition process for the national air ambulance transportation created a risk of a break in service for this critical capability for two of Texas's VHSs. Upon notification of the delay, it was determined that there was not enough time to solicit and phase in a new contractor successfully. Based off urgency, the office conducted market research and concluded that there is currently only one source that is capable of providing the service without creating a gap in services.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted for the current contract’s follow-on in July 2023 to determine sources for the Amarillo / Big Springs air ambulance transport requirement. Sources Sought notice, 36C25723Q1122, was published on SAM.gov on 07/07/2023 through 07/17/2023. Four (4) responses were received from potential contractors. Responses were received from one (1) Woman Owned Small Business, two (2) Small Businesses, and one (1) Large Business. Each provided capability statements;

however, only the incumbent, , is currently established in the area and ready to provide the required services for a short-term contract, as they have the necessary personnel, organization skills, and resources available for continued air ambulance transportation without a break in service. At this time, a national air ambulance contract is being processed.

The national acquisition is in the Market Research phase and includes issuing formal requests for information, querying Government databases, and reviewing the acquisition history to ensure as many potential sources compete on the long-term acquisition for this requirement.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Awarded price of this contract exceeds the simplified acquisition threshold (as defined in 41 U.S Code 134) but will not exceed $7,500,000 per FAR Part 13.5. Prices were compared to rates found reasonable on contract 36C25719C0088 and the Independent Government Estimate. Prices were determined fair and reasonable IAW FAR 13.106- 3(a)(2)(ii)) and FAR 13.106-3(a)(2)(vi)).

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

Reasons Market Research Was Not Conducted: As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition, and soliciting inquiries from interested parties.

Market research was initially conducted for the current contract’s (36C25719C0088) follow-on acquisition prior to being put on hold due a national level acquisition. Market research consisted of a sources sought, review of previous contracts, searching the Veteran Small Business Certification (VetCert) and other procurement related sites. VetCert search resulted in 2053 Service-Disabled Veteran Owned Small Businesses and Veteran Owned Small

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Chief, Division 1 NCO 17, RPO West

Director of Contracting NCO 17, RPO West

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 approve ($750K to $7.5 million (or $15.0 million for acquisitions described in FAR 13.500(c)) for other than full and open competition.

Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA)