Justification and Approval 36C25021D0350.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

VHAPM Part 819.7007/7008 Page 1 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Requirement Title: Wheelchair Transport Service for Dayton VA Medical Center Acquisition Plan (ID Number): 36C250 21 AP 0613 VA 2237 (ID Number): 552 21 2 154 0012

1. Contracting Activity:

Department of Veterans Affairs Network Contracting Office (NCO) 10 260 East University Avenue Cincinnati, Ohio 45219 2637

(513) 559 3704 Station Code: 36C250

2. Nature and/or Description of the Action Being Processed: The purpose of this requirement is to execute an emergency sole source bridge contract which is urgently needed to ensure uninterrupted service for Dayton Veterans Administration Medical Center (VAMC). The reason for this action is the incumbent contractor being unable to provide continued service under contract VA250 17 D 0096.

The anticipated performance period for this emergency bridge contract requirement is 21 December 2020 to 31 October 2021 with total price estimated at $679,276.00 based on the following quantities:

• Total Trips Estimated (Base Rate One Way for 20 mile radius or less): 4,400 trips (NTE)

• Total Mileage Estimated (applicable for trips exceeding 20 mile base radius): 30,765 miles (NTE)

• Total Wait Time Estimated| 15 minute increments: 4 increments (NTE)

The time critical execution of this emergency bridge contract requirement to an SDVOSB in accordance with 41 USC §3304(a)(5) and 38 U.S. Code § 8127(c) as implemented by FAR 6.302 5 (Authorized or Required by Statute) will allow the additional time needed to execute a full and open competition for a five year contract (base and options) in fiscal year 2021.

FAR 13.5 Simplified Procedures for Certain Commercial Items: This emergency bridge procurement will be in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303 2.

3. Description of Supplies/Services Required toMeet the Agency’s Needs: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to provide wheelchair/ambulette transportation service for Dayton VAMC as established in this Performance Work Statement (PWS). The contractor shall adhere to Ohio Administrative Code (OAC), State Board of Emergency Medical, Fire, and Transportation Services (EMFTS) and all applicable Federal, State and Local laws, rules, regulations and procedures as required to perform services under this contract. The contractor shall furnish the vehicles necessary to provide

VHAPM Part 819.7007/7008 Page 2 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020 full and complete coverage for pick up and delivery of all Veteran patients requiring transport in accordance with the terms and conditions of this contract for the locations specified herein. The contractor shall be responsible for providing patient pick up and delivery as necessary from community hospitals and VA facilities within and outside the service area which may include personal residence of the patient and other locations as requested by the authorized government representative(s) designated in writing by the COR and/or CO in accordance with the procedures specified within this PWS and the terms and conditions established in the contract.

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 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7007 Sole source awards to a verified service disabled veteran owned small business; or ( ) 819.7008 Sole source awards to a verified veteran owned small business

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This emergency requirement is being executed IAW 38 U.S.C. 8127(c) and IAW FAR 6.302 5(c)(2)(ii) for sole source award to an SDVOSB for which has been determined to be a responsible source with respect to performance and meets the eligibility requirements in VAAR 819.7003. This critical service involves the transportation of veteran patients who require essential medical treatment. The timely execution of this urgent requirement is vital to ensuring uninterrupted service essential to the life, health and safety of veteran patients supported by Dayton VAMC.

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 subpart

5.2 and, if not, which exception under 5.202 applies: This emergency sole source bridge contract requirement to an SDVOSB is being conducted IAW 41 USC §3304(a)(5) and 38 U.S. Code § 8127(c) as implemented under FAR 6.302 5 (Authorized or Required by Statute) which will be publicized IAW FAR 5.2. The timely execution of this urgent requirement is vital to ensuring uninterrupted service essential to the life, health and safety of veteran patients supported by Dayton VAMC. The results of market research summarized below found two (2) SDVOSB companies successfully performing similar services for VA within this geographical region for this emergency bridge requirement.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The fair and reasonable determination for this emergency bridge contract requirement is supported by the pricing established on competitively awarded contracts for similar services at Cincinnati VAMC on contract 36C25019D0805 and Columbus VAACC on contract 36C25019D0810. It is important to note that these established contracts have a significantly longer performance period of a base plus four option years when compared with the relatively short 10 month performance period of this emergency bridge requirement. The ramp up costs associated with a short duration requirement of this type were taking into consideration to include acquisition of local sub station(s) and hiring of new employees for such a limited time period. During discussions for this emergency bridge requirement, GMAT incorporated (SDVOSB) confirmed that their quote would not exceed the pricing currently established on their incumbent contract 36C25019D0810 which was competitively awarded as an SDVOSB set aside.

VHAPM Part 819.7007/7008 Page 3 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research for this emergency sole source bridge requirement was conducted to ensure uninterrupted service for veteran patients supported by Dayton VAMC pursuant to FAR subpart 10, VAAR Class Deviation 810.001 70 and VHAPM Part

810.001. The results of market research found two (2) SDVOSB companies successfully performing similar services for VA within this geographical region for this emergency bridge requirement. The two (2) SDVOSBs consulted with to determine potential interest in this requirement were GMAT Incorporated (SDVOSB) and Portsmouth Medic Transport LLC (SDVOSB). Both provided confirmation of their capability to ramp up on short notice to potentially perform this abbreviated bridge contract for 10 months. Portsmouth Medic Transport LLC indicated that they were not interested at this time. GMAT incorporated however expressed interest and willingness in being considered for this requirement. GMAT is currently performing similar services for VA at Columbus VAACC. The time critical execution of this emergency bridge contract requirement to an SDVOSB in accordance with 41 USC §3304(a)(5) and 38 U.S. Code § 8127(c) as implemented by FAR 6.302 5 (Authorized or Required by Statute) will allow the additional time needed to execute a full and open competition for a five year contract (base and options).

The Vendor Information Pages (VIP) database was reviewed in accordance VAAR 819.7003 to determine if two or more service disabled veteran owned businesses (SDVOSBs) and veteran owned small businesses (VOSBs). This review found that the above mentioned two (2) SDVOSB companies successfully performing similar services for VA within this geographical region are currently certified in VIP as SDVOSBs

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The purpose of this requirement is to execute an emergency sole source bridge contract which is urgently needed to ensure uninterrupted service for Dayton VAMC. The time critical execution of this emergency bridge contract requirement to an SDVOSB in accordance with 41 USC §3304(a)(5) and 38 U.S. Code § 8127(c) as implemented by FAR 6.302 5 (Authorized or Required by Statute) will allow the additional time needed to execute a full and open competition for a five year contract (base and options) in fiscal year 2021. Any lapse in this critical service could result in serious risk to the life, health and safety of veteran patients supported by this medical center.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: As detailed above in market research, the two (2) SDVOSB contractors that expressed interest in this emergency bridge contract requirement and hold the EMFTS certification required by state law to perform wheelchair/ambulette transportation services in Ohio are summarized as follows:

GMAT Incorporated (SDVOSB) Portsmouth Medic Transport LLC (SDVOSB)

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 government fully anticipates the follow on contract solicitation to this emergency sole source bridge action will result in a multi year contract that will be competed and awarded in fiscal year 2021.

Given the anticipated performance period for this bridge contract of 21 December 2020 to 31 October 2021, the estimated start date for the follow on requirement is 1 November 2021. In order to allow sufficient time for any potential awardee to ramp up operations, the government reasonably expects the follow on contract award by 15 September 2021. Please note that the follow on contract requirement shall be subject to availability of funds in accordance with FAR

52.232 18 (Availability of Funds).

VHAPM Part 819.7007/7008 Page 4 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

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.

Amanda L. Ulloa 1 December 2020 Contracting Officer’s Representative Dayton VAMC

Pansy Palmer Neesmith 1 December 2020 Chief, AC&P Dayton 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.

Bradley Burhite 1 December 2020 Contracting Officer

NCO 10

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

John M. Ryan 1 December 2020 Contacting Officer

NCO 10

Amanda L.

Ulloa 1607060

Digitally signed by Amanda L. Ulloa 1607060 Date: 2020.12.01 11:58:47 -05'00'

Pansy E. Palmer-Neesmith 304983

Digitally signed by Pansy E. Palmer- Neesmith 304983 Date: 2020.12.01 12:22:07 -05'00'

Bradley K. Burhite 1461180

Digitally signed by Bradley K. Burhite 1461180 Date: 2020.12.01 12:50:29 -05'00'

John M. Ryan 1006633

Digitally signed by John M. Ryan 1006633 Date: 2020.12.01 13:26:38 -05'00'