P03. FAR 13.5 Sole Source Justification.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification under FAR13.5

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C249-24-AP-1976

1. Contracting Activity: Department of Veterans Affairs, VISN 09, Tennessee Valley Healthcare System 626-24-2-732-0123

2. Nature and/or Description of the Action Being Processed: This procurement is for a wheelchair transportation contract 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. This urgent and compelling contract is due to an award protest.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The contractor shall furnish all management, supervision, labor, materials, equipment, specified supplies, and resources necessary to provide non-emergency transportation for wheelchair, and other beneficiaries. The primary intent of this contract is for furnishing prearranged ground non-emergent transportation services for beneficiaries of the TVHS, with on-call services as needed. The TVHS requires contractor services to transport VA beneficiaries from the beneficiaries’ place of origin to the beneficiaries’ place of destination. The contractor shall provide primarily wheelchair van services and other overland transportation for eligible beneficiaries when VA transportation assets are unavailable.

Contract POP: 3-12-2024-05-31-2024 - $500,000.00

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:

(x) Unusual and Compelling Urgency

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

b. Unusual and Compelling Urgency – On March 11, 2024 we were notified of an award protest regarding the new contract for Non-Emergent Trasnportation 36C24924D0031 with a stop work order. Wheelchair transportation is a critical service to ensure patient care is received. An interruption to service could prove to be a life, health, or safety incident for veteran patients.

Navarre Corporation was the previous contract holder and was in a position to provide the services.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This was urgent and compelling and we did not have time to solicit this requirement to prevent interruption in service.

Effective Date: 02/01/2022 Page 2 of 3

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The rates provided for this transportation contract are in line with the new competed contract rates which were found to be fair and reasonable.

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

Market Research Was Not Conducted: There was limited market research done. The previous market research was utilized from the protested award. It was less than 1 year old.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: N/A

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Navarre Corporation was sought out specifically as the previous contract holder.

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: This sole source was a result of a competitive award protest. The barriers were removed when the requirement was competed. Without the protest this sole source would not be required.

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 Dawson Date Mobility Manager Tennesse Valley Healthcare System

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.

Harry R. Grambo III Date Services East Branch Chief Network Contracting Office 9

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.

Robert M. Kellner Date Division Chief

Network Contracting Office 9 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

Effective Date: 02/01/2022 Page 3 of 3