P03 36C46-21-AP-6011 Justification Approval Wheelchair Van Transportation Services.pdf

PM Part 813.5 SAP for Certain Commercial Items Original Date: 08/30/17 Revision 03 Date: 02/11/2021

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items

Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

36C246-21-AP-6011

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C246-21-AP-6011

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 6, Purchase Request Number: 659-22-1-123-0001.

2. Nature and/or Description of the Action Being Processed: This procurement is for Wheelchair Van Transportation Services 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.

Network Contracting Office 6 intends to award an Indefinite Delivery Contract for a two-month base period plus two, (2) two-month options as a firm-fixed price (FFP) to Navarre Corporation for Wheelchair Van Transportation services for eligible Veteran beneficiaries approved by the Salisbury VA Health Care System (SVAHCS). This interim contract will continue to provide wheelchair van transportation services during the mandatory stay of contract performance due to a post award protest.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Department Veterans Affairs, W.G. “Bill” Hefner VA Medical Center located in Salisbury, North Carolina has a requirement to provide Wheelchair Van Transportation for eligible Veterans located in the Salisbury VA Health Care System (SVAHCS) catchment area of North Carolina and occasional trips to other Veteran Affairs Medical Center’s outside of SVAHCS catchment area in North Carolina for special care and treatment not provided by this Veteran Affairs Medical Center. The services are provided twenty-four hours a day, seven days a week, to include Federal holidays. The contractor shall furnish all management, supervision, labor, materials, equipment, specified supplies, and resources necessary to provide transportation for wheelchair bound and to other eligible special needs Veterans. This includes one way and/or round-trip transportation services on an as needed basis from the Veterans’ place of residence to the designated facility within the SVAHCS or private facilities in the community.

The total value of this action is $1,096,350 for a two-month base period plus two (2) two-months option periods as follows:

Base Period 10/01/2021- 11/30/2021 $365,450

Option Period 1 12/01/2021 - 01/31/2022 $365,450

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items

Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

36C246-21-AP-2583

PM Part 813.5 SAP for Certain Commercial Items Original Date: 08/30/17 Revision 03 Date: 02/11/2021

Option Period 2 02/01/2022 - 03/31/2022 $365,450

Total Contract Cost $1,096,350

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 is implemented by FAR 13.106- 1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason 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 ( ) 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): Wheelchair Van Transportation services are required to provide safe and reliable transportation to Veterans who require assistance traveling to and from VA health care facilities and authorized non- VA health care appointments. These services provide Veterans who are impaired or immobilized due to disease or disability transportation to their VA health care appointments. Without these services Veterans would not be transported to their appointments to receive the care they have earned. The incumbent, Navarre Corporation, has the necessary resources and personnel with the required background checks and equipment to continue to provide the required Wheelchair Van Transportation Services at the Salisbury VA Health Care System (VAHCS) without delay. These services are directly tied to the clinical patient care received by the Veterans at Salisbury VA Health Care System (VAHCS) and any disruption will cause significant harm to the Veteran beneficiaries that rely on these services. It would be catastrophic to Veteran care if wheelchair van transportation lapsed without this interim contract to ensure the continuation of these life-sustaining services.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: NCO 6 issued a competitive solicitation and an award was made for a long-term contract on March 22, 2021. However, due to a post-award protest, performance was stayed on the new award. Navarre Corporation, the incumbent, is the only company that can provide interim services without seriously impacting the delivery of these critical services to our Veterans.

36C246-21-AP-2583

PM Part 813.5 SAP for Certain Commercial Items Original Date: 08/30/17 Revision 03 Date: 02/11/2021

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer has determined that the prices proposed by Navarre Corporation for these interim services are fair and reasonable. This determination is based on current prices along with the pricing received in response to the solicitation for our long-term wheelchair van services contract.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was not conducted for this interim contract for the reasons stated above.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: A long term contract was awarded on August 08, 2020. On March 24, 2021 the Office of General Counsel informed the Contracting Officer a bid protest pre-filing notification was received of the intent to file a post award protest at the United States Court of Federal Claims. A stop work order was executed on the new award to suspend contract performance.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Not applicable.

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: As indicated the Government issued a competitive solicitation for a long term award. This action is an interim measure to provide services during the performance stay during the post award protest.

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.

Christopher Dunbar Date Chief, Health & Travel Benefits Salisbury VA Health Care System (VAHCS)

36C246-21-AP-2583

PM Part 813.5 SAP for Certain Commercial Items Original Date: 08/30/17 Revision 03 Date: 02/11/2021

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.

Date Leah Trossen Contracting Officer, NCO6

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.

Angel C. Rhone Date Division Chief, NCO 6

c. Director of Contracting: I certify the justification meets requirements for other than full and open competition.

Nancy L. Bailey Date Director of Contacting, NCO 6

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

Joseph P. Maletta Date Executive Director, RPO East VHA Head of Contracting Activity https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx