JOFOC NCO22 NEMT Bridge.pdf

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C262-26-AP-4326

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C262-26-AP-4326 Verbal Approval Date: 03/30/2026 Contract Award Date: 03/31/2026

1. Contracting Activity: Department of Veterans Affairs (VA), Veterans Integrated Service

Networks (VISN) 22, Network Contracting Office (NCO) 22, on behalf of Phoenix Veterans Affairs Healthcare System (PVAHCS) Medical Center. Purchase Request (PR): 644-26-2-461- 0043.

2. Nature and/or Description of the Action Being Processed: This procurement was for Non- Emergent Medical Transportation (NEMT) services and was conducted in accordance with Revolutionary Federal Acquisition Regulation Overhaul (RFO) 12 Acquisition of Commercial Products and Commercial Services. In accordance with RFO 12.102, Restricting Competition for the acquisition of Commercial Products and Commercial Services requires a justification using the format as described in RFO 6.104-1. A sole source short term six (6) month emergency contract was essential to provide vital healthcare services for Veterans at PVAHCS. This requirement ensures critical healthcare services while the long-term contract is solicited during the competitive process. This requirement was awarded as a Firm-Fixed-Price (FFP), Indefinite-Delivery Indefinite-Quantity (IDIQ) contract. Contract Number: 36C26226D0079.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Non-Emergent Medical Transportation services are required by statute under 38 USC 111A. Services include pre-arranged, scheduled, unscheduled, and will call door-to-door service from beneficiary’s apartments and homes, and other areas designated by the Patient Travel Office (PTO) to get to and from scheduled medical appointments. It also includes discharges from PVAHCS inpatient wards, the Emergency Department, as well as transports to and from contracted nursing homes. These services are being competitively solicited under Solicitation#36C26225R0080, however, a protest was submitted to the Government Accountability Office (GAO) [GAO protest B-424303] on March 6, 2026, postponing evaluation and contract award. This short-term bridge contract is needed to ensure regulatory compliance and continuity of mission critical services for 6 months, pending the outcome of the protest. The period of performance is 04/01/2026 – 09/30/2026. The total award value is $2,147,450.00.

4. Statutory Authority Permitting Restricted Competition: The statutory authority for applying the Simplified Procedures for Commercial Items of RFO 12.201-1 is 41 U.S.C. § 1901 and is implemented by RFO 12.102(b) for restricting competition on this procurement. Competition is restricted on this procurement for the reasons below:

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

(X) Unusual and Compelling Urgency

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

( ) International Agreement

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Acquisition ID#: 36C262-26-AP-4326

( ) 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): An interruption in essential medical transportation services would critically impede the VA’s ability to fulfill its statutory obligations under 38 USC 111A, disrupt continuity of healthcare operations, and potentially lead to noncompliance with mandated requirements, thereby exposing the Department to legal and reputational risks. The active protest of the competitive solicitation has delayed award of a new contract, making it impossible to transition to a new provider without a service gap.

Onboarding typically takes an average of 60-90 days. Such an interruption would result in missed medical appointments and delayed treatments, leading to immediate and serious negative impacts on Veteran health, including exacerbation of chronic conditions, potential hospitalizations, and other adverse outcomes. 28 Trans, LLC, the incumbent contractor, is uniquely positioned to ensure immediate, seamless continuation of service with no onboarding delays, providing a time savings of 60-90 days, thus preventing a break in these critical medical transportation services.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to the urgent and compelling nature of this requirement, soliciting competition is not practicable. In accordance with RFO 5.101(b)(2), a pre-solicitation notice was not posted. These services were previously solicited under Solicitation#36C26225R0080, however, due to a protest of the solicitation, a short-term, emergency bridge contract is needed to ensure continuity of these mission critical services that are required by statute. The justification will be posted within 30 days of contract award.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: In accordance with RFO 12.204 (a), the Contracting Officer (CO) determined that the price for this requirement is fair and reasonable. This determination was based on a review of the proposed rates, historical pricing for similar services, the Independent Government Cost Estimates (IGCE), and prevailing market rates for equivalent healthcare services. Due to the urgent and compelling nature of the requirement, the CO conducted a price analysis using available market information and consistent with current market conditions.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was recently conducted for a new base plus four option year contract for these services. The market research included a sources sought notice, verifying Certified Veteran firms through the Dynamic Small Business Search (DSBS) site at https://search.certifications.sba.gov, reviewing similar contracts at different Department of Veterans Affairs locations, reviewing SAM.gov, as well as contacting knowledgeable individuals in Government and industry regarding market capabilities to meet the requirements. The market research revealed that there is adequate SDVOSB competition for these services; a competitive solicitation was subsequently issued under Solicitation# 36C26225R0080.

Due to the urgent and compelling nature of this requirement, additional market research was not conducted.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Timely continuation of Non-Emergent Medical Transportation services is critical to ensuring Veterans have uninterrupted access to scheduled, essential medical care, including dialysis, chemotherapy, and other life-sustaining treatments. These services are required by statute, and PVAHCS does not have the operational capacity to independently provide them. Due to the urgent and compelling https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-5#:%7E:text=(2)Using%20other%20than%20full%20and%20open%20competition%20(see%206.103)%2C%20except%20for%20the%20authorities%20at%206.103%2D1%20(only%20one%20responsible%20source)%20and%206.103%2D6%20(national%20security)%3B%20or

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Acquisition ID#: 36C262-26-AP-4326 nature of this requirement, and due to the protest, there isn’t enough time to competitively solicit this short-term bridge contract.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: 28 Trans, LLC.

204 Daventry Dr. Debary, FL 32713.

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: These services are currently being solicited for a new base plus four option year contract.

A long-term contract is expected to be finalized following the outcome of the protest. Due to the nature of these services, a lead time is often required for a smooth transition between vendors to prevent a lapse in services.

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.

Gregory Frederick VTS Supervisor

PVAHCS

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.

David Chakka Branch Chief Network Contracting Office 22

b. One Level Above the Contracting Officer (Required over $350K but not exceeding

$900K): I certify the justification meets requirements for other than full and open competition.

Jarrod Washington Division Chief https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

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Acquisition ID#: 36C262-26-AP-4326

c. Director of Contracting Review and Approval: I recommend this justification for other than full and open competition.

Sabrina J. Smith Director of Contracting

d. 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 $900K to $90 million for other than full and open competition.

Curtis M. Jordan Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA)