JA_20140915_Final_Redacted.pdf

Tracking #. _JA0063____________

Justification and Approval For Other than Full and Open Competition

1. Agency/Contracting Activity: Defense Health Agency, Contract Operations Division – National Capital Region (DHA COD-NCR).

2. Nature and or Description of Action being approved: Approval is sought for a new sole source contract to Medical Faculty Associates, Inc., of Washington DC, to provide coverage by academic emergency physicians and emergency physician assistants (PAs)for the emergency department at Walter Reed National Military Medical Center (WRNMMC). This action contemplates a three (3) month period of performance, 16 Sep 2014 through 15 Dec 2014 with FY 14 Defense Health Program Operation and Maintenance (O&M) funds. The contract will not include the FAR 52.217-8 Option to Extend Services.

3. Description of Supplies/Services: In this acquisition the Contractor will provide the following services:

Physicians shall provide a full range of emergency medicine services in accordance with privileges granted by the Commanding Officer, to include, but not limited to the assessment, evaluation, diagnosis, and initial treatment of patients of all ages with any symptom, illness, injury, or condition. In addition, physicians stabilize patients with major and life threatening illnesses or injuries of all body systems and assess all patients to determine whether additional care is necessary.

PAs shall provide a full range of emergency medicine services in accordance with privileges granted by the Commanding Officer (e.g., advice and provide general screening and medical care and examinations of patients for routine, acute and chronic conditions involving any and all organ systems; diagnose, treat, and counsel patients as indicated).

The estimated total value is $650,000.00. FAR 52.217-8 Option to Extend Services shall not be included in the proposed contract action.

4. Statutory Authority Cited: Authority cited for this action is FAR 6.302-1(a) (2);

Citation 10 USC 2304(c) (1); only one responsible source and no other supplies or services will satisfy agency requirements; and in accordance with FAR 237.104 and DFARS 237.104 (b)(iii)(A)(2) Personal Services Contracts (PSC) requires a written Determination and Findings approval from the Head of the Contracting Activity; Citation 10 USC 129b and 5USC 3109.

5. Reason for Authority Cited: Procuring a new contract without providing for full and open competition is in the best interests of the Government..

No source other than Medical Faculty Associates, Inc. is capable of meeting the Government's requirement for these services with a start-up performance date of 16 September 2014. The need for this sole source contract is not due to a lack of advance planning. The competitive procurement of a new contract for these requirements began 3 months ago and was expeditiously advanced by the Government. A solicitation was issued on 27 June 2014. However, a timely pre-award agency protest was filed on 29 July 2014, and all actions to award the contract were suspended. An independent review of the protest pursuant to FAR 33.103(d) (4) and DHA Procurement Directive 33- 01, Rev 000 was commenced. It was determined by the Contracting Officer that corrective action would be taken by amending the solicitation and setting forth an adjusted time for proposal receipt. The dismissal of the protest followed on 3 September 2014.

It is vital that this service be provided without interruption. The contract’s required specialties impact every phase of medical care for WRNMCC’s beneficiaries. Unless this sole source contract is executed, an interruption in service due to a gap between the expiration of the current contract and the start of the competed contract would result. The WRNMMC would fall below the essential staffing requirements, resulting in an inability to perform the mission. An interruption in service would also require that patients be referred to other facilities and to health care professionals unfamiliar with patients’ treatment history.

Award of the proposed contract for the three month base is expected to allow for adequate time to amend the solicitation, allow offerors sufficient time to submit proposals, evaluate, and award the contract. In addition, should the competed contract be awarded to a new contractor, the three month base period of the proposed contract is expected to provide the new contractor sufficient time to hire and in-process new emergency physicians and PAs, especially if the incumbent emergency physicians and PAs decline the new contractor’s offer. This is a right granted to the incumbent emergency physicians and PAs in accordance with Executive Order 13495, and FAR SubPart 22.1200 Nondisplacement of Qualified Workers Under Service Contracts.

In accordance with the terms and conditions of the previous contract as implemented by both parties (Government and Contractor), Medical Faculty Associates, Inc. have been performing satisfactorily and will incur only minor start-up costs for the proposed contract.

No other contractor would be able to start full performance by the required date, and it is unlikely that any other contractor would be willing to incur the startup costs for a three month performance period. Any other contractor will have significant cost impacts and would not be able to deliver the required services as demanded in a timely manner. It is in the Government’s best interest to approve a short term contract to the incumbent contractor until the competed contract can be awarded.

6. Efforts to Obtain Competition: There are currently no efforts to obtain competition for this proposed contract.. A competitive contract is underway, with a solicitation already issued and an expected award date in 1st Quarter FY 15.

This justification and approval for other than full and competition will be posted on FedBizOpps

7. Actions to Increase Competition: It is not practical to conduct a competition for a three month contract. . No contractor other than Medical Faculty Associates could provide services in such a short time so that there would be no gap in the services necessary to treat patients in the emergency room. Emergency room physicians are members of a highly skilled specialty and are in great demand in the NCR. A new contractor would have to go through the hiring and badging processes, both of which would delay those vital services for the hospital emergency room..Award to another contractor poses high risk of a long ramp-up time, gap in service, and greater costs.

The new contract currently in the process of procurement will be competed. There is an expectation that more than four contractors will submit proposals.

8. Market Research: IAW FAR Part 10, market research was conducted in the Small Dynamic Small Business search module utilizing the parameters for all states, under NAICS 621111 which yielded 1,896 businesses identified as small businesses. A synopsis was also posted on FedBizOpps in an attempt to identify interested and capable small businesses.

9. Other Facts:

a. Historical data.

(1) Previous Awards:

W91YTZ-14-P-M100 Medical Faculty Associates, Inc.

Period of Performance: 1 Jan 2014 – 15 Sep 2014 Total contract cost: $1.7M Est

W91YTZ-11-P-0928 Medical Faculty Associates, Inc.

Period of Performance: 1 Oct 2011 – 31 Mar 2013 Total contract cost: $3,835,564.74

W91YTZ-13-P-0496 Medical Faculty Associates, Inc.

Period of Performance: 1 Apr 2013 through 31 Dec 2013 Total contract cost: $1,944,467.10

b. Unusual and compelling urgency. Not Applicable.

10. Interested Sources: To date, sources have expressed an interest to the long term proposed contract. The notice required by FAR 5.201 was published prior to the issuance of the solicitation for the competed contract and the solicitation posted on FEDBIZOPS on 26 June 2014..

11. The agency will conduct a competitive procurement for a new contract for these requirements. Award is estimated to be made in the first quarter of FY 15.

Coordination

12. Technical/Functional Representative:

I certify that the supporting data under my cognizance which are included in the justification is accurate and complete to the best of my knowledge and belief.

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

14. Fair and Reasonable Price Determination: I anticipate the price of the proposed contract will be fair and reasonable to the Government based on a comparison of the prices for this award to current catalog prices offered by the vendor to government and private entities. In addition, a comparison will be conducted of prices previously offered for same/similar services under Contract No. W91YTZ-14-P-M100.

Certified cost or price data is not required pursuant to FAR 15.403-1, the exception for commercial contracts.

15. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

16. Chief, Contracts Policy and Compliance Division: Based on the foregoing justification, I have reviewed the procurement of (personal services for emergency physicians and assistants) on an other than full and open competition basis pursuant to the authority of 10 USC 2304(c) (1), subject to availability of funds, and provide that the supplies and/or services herein described have otherwise been authorized for acquisition.

17. Legal Review: I have reviewed this justification and approval and it is deemed to be legally sufficient.

Approval:

Contracting Officer: I certify that this justification is accurate and complete to the best of my knowledge and belief.