P03 - C2 Wheelchair Transportation JA OVER SAT Verified SDVOSB VOSB 05.21.24 HCA approval.pdf

SDVOSB/VOSB Sole Source Justification >SAT

36C257-24-AP-2741

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 4 Revision: 02 Effective Date: 04/15/2023

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C257-24-AP-2741 J&A Log Number: FY24-NCO 17-1381

1. Contracting Activity: Department of Veterans Affairs, VISN 17, Network Contracting

Office in San Antonio is purchasing on behalf of North Texas Veterans Health Care System located at Dallas Medical Center, for C2 Wheelchair Transportation Services in North Texas and its surrounding Community-Based Outpatient Clinics. Procurement Request Number:

549-24-3-230-0110.

2. Nature and/or Description of the Action Being Approved: Extension of services through a bridge contract for transportation services for wheelchair and stretcher patients. Action will be awarded as a Firm Fixed Price Contract to the incumbent contractor pursuant to FAR

6.302-5(b)(6). This is to ensure there is no interruption of service while the long-term NCO

17 contract is completed.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Contractor shall provide all required vehicles, personnel, and equipment required to provide transportation services for wheelchair and stretcher patients that may be required 24 hours a day, 7 days a week (24/7), including weekends and holidays, to beneficiaries of NTX VAMC for the following locations:

Facility Name Facility Address

Dallas VAMC 4500 S Lancaster Rd. Dallas, TX 75216

Polk VA CBOC 7243 S Polk St, Dallas, TX 75224

Community Care appointments in the surrounding Counties

The estimated value of this action is approximately $1.8 million with a performance period of June 1, 2024, through November 30, 2024.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC

§3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or

Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 (DEVIATION) or VAAR 819.7009 (DEVIATION) up to $5,000,000.

Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or

( ) 819.7009 Sole source awards to a certified veteran-owned small business

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

Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

This short-term contract allows NTX VAHCS to continue the use of wheelchair and stretcher https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 4 Revision: 02 Effective Date: 04/15/2023 services as a method of transportation for critical patient care. The current Delivery Order expires May 31, 2024, with no option to extend. The competitive follow-on solicitation must be finalized and approved. Recognizing the needed reviews that are necessary, there is a high risk of a lapse in services. Due to the critical services being provided, a break in service could create mission failure for the NTX VAHCS requirement to provide critical care to patients requiring wheelchair and stretcher patient transportation. Based upon 38 U.S.C.

8127(c), a Service-Disabled Veteran Owned Small Business (SDVOSB) sole source is allowed with an SDVOSB concern that has been determined to be a responsible source. The incumbent, James E. Bradsher, dba Priority Care Transit EMS Central, an SDVOSB, has been determined to be a responsible source with respect to the performance of this requirement. Using any other contractor could create a break in service, as they will have to establish a base of operations within the area in a short time to ensure continuity of services.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

Market research was conducted for the current contract’s follow-on in September 2023 to determine sources for the NTX VAMC wheelchair and stretcher patient transportation requirement. During the sources sought, several potential offerors provided capability statements; however, only the incumbent, James E. Bradsher, dba Priority Care Transit EMS

Central, 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 wheelchair and stretcher patient transportation without a break in service.

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

Reasonable: Prices will be compared to rates found reasonable on Delivery Order

(36C25723N0274) on Indefinite-Delivery Indefinite-Quantity (IDIQ) contract

(36C25722D0049) and the Independent Government Estimate. Prices will be determined fair and reasonable in accordance with FAR 15.404-1(b)(2)(ii).

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

Reasons Market Research Was Not Conducted: Market research for the current contract’s follow-on indicates that there are several interested contractors. However, only one is currently established in the local area. The incumbent, James E. Bradsher, dba Priority Care

Transit EMS Central, 313 Bluewood Lane, Lake Dallas, Texas 75065, a SDVOSB, can only fulfill this requirement as the logical choice to continue services while the long-term acquisition is completed. James E. Bradsher, has the necessary personnel, organization, skills, and resources established to prevent a break in service.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Due to the strict requirements needed in a short amount of time as mentioned in section 8, the incumbent contractor will be asked to fulfill the short-term requirement. A sole source SDVOSB short-term bridge IDIQ contract will be awarded to James E. Bradsher, dba Priority Care Transit

EMS Central to avoid a lapse in critical services to the various locations stated in section 3.

https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 4 Revision: 02 Effective Date: 04/15/2023

Given the nature of the authority – which does not require a finding that only one SDVOSB is capable (see VAAR 819.7008(c)) – and the need to ensure no lapse in service in order to avoid a direct negative impact to Veterans health and safety, it was not in the Government’s interest to explore other sources at this time.

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: At this time, there are no actions that can be taken to remove or overcome barriers that lead to the exception to fair opportunity. The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future action to be competed; however, all future requirements will be handled on a case-by-case basis to determine any future acquisition strategy.

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.

Sonequa Grubbs

Mobility Manager

Dallas VAMC

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.

Sandra M. Norton

Branch Chief, PAS

Network Contracting Office 17 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 4 of 4 Revision: 02 Effective Date: 04/15/2023

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

Jeff S. Morris

Chief, Division 1

Mark Layman

Director of Contracting (DoC)

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 $75 million) or approve ($750K to $75 million) for other than full and open competition.

Curtis M. Jordan

Executive Director, Regional Procurement Office West

Head of Contracting Activity (HCA)