P03 - FAR 13.5 JOFOC Amulance Services Louisville VAMC FINAL.pdf

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C249-21-AP- _________

Contracting Activity: Department of Veterans Affairs, V I S 09, Nature and/or Description of the Action Being Processed: This procurement is for Class 1 B ambulance 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. This is a new requirement for a sole source, open market, firm fixed price BPA. This will be a three (3) year BPA as the contractor will not offer pricing beyond that time frame due to COVID and the changing healthcare landscape.

Description of Supplies/Services : The Robley Rex VA MC and its associated Community Based Outpatient Clinics (CBOCs requires services to provide ambulance litter/stretcher transportation on an as need basis to veteran patients seven (7) days a week, including holidays, for medical appointments and emergency treatment. This transportation is to and from locations e. linics, ward locations, ICU, patient homes, hospitals designated by the Robley Rex VAMC Beneficiary Travel Office.

The BPA will be structured as follows:

Ordering period 1 - Period of Performance: 03/01/2021 to 09/30/2021, $525, 000.00 Ordering period 2 - Period of Performance: 10/01/2021 to 09/30/2022, $900, 000.00 Ordering period 3 - Period of Performance: 10/01/2022 to 09/30/2023, $900, 000.00 Ordering period 4 - Period of Performance: 10/01/2023 to 02/29/2024, $375, 000.00 Total BPA value: $2,700 00 .00

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

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 3

Revision 03 Date: 02/11/2021

Demonstration that the Contractor Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Kentucky State law requires that any entity who provides ambulance services shall be listed on the Kentucky Board of Emergency Medical Services (KBEMS) Emergency Medical Services (EMS) listing of authorized providers and will be issued a Certificate of Need (CON) to provide services for a specific area.

Currently Mercury Ambulance Service, Inc., DBA American Medical Response (AMR) is the only source that can legally provide these services for the greater Louisville KY area.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: All the other providers listed on the KBEMS EMS listing of authorized providers were contacted by phone and verification was made that no other sources possess a CON for the Louisville KY area. Mercury Ambulance Service, Inc., DBA AMR is the only source legally authorized by the State of Kentucky to provide Class 1 ALS/BLS ambulance services for the Robley Rex VA Medical Center and its associated CBOCs.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Prices have been deemed fair and reasonable based on comparison to the and in comparison to the cost of periodic ambulance services provided by the Louisville Fire Department.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: All the other providers listed on the KBEMS EMS listing of authorized providers were contacted by phone and verification was made that no other sources possess a CON for the Louisville KY area. Mercury Ambulance Service, Inc., DBA AMR is the only source legally authorized by the State of Kentucky to provide Class 1 ALS/BLS ambulance services for the Robley Rex VA Medical Center and its associated CBOCs.

Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Mercury Ambulance Service, Inc. DBA AMR.

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:

There are no efforts that can be taken on the part of the Government as long as no other sources obtain a CON for the Louisville KY area.

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.

Helena Humphrey Date Chief, VTS/Bene travel Robley Rex VAMC a Humphrey

020821

PM Part 813.5 SAP for Certain Commercial Items Page 3 of 3

Revision 03 Date: 02/11/2021

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Des Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Shawn Hendricks Date Contracting Officer 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 L. Pitre Date Branch Chief, Services Team West

Network Contracting Office 9

Date

Kenneth N. Hooks Division Chief, Services, Healthcare & Leasing

Network Contracting Office 9

Tara L. Petersen Date Director of Contracting

Network Contracting Office 9

c. 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.

Terry L. Spitzmiller Executive Director Date Regional Procurement Office Central (VHA)

02/24/2021

Tara L. Petersen 3529852

Digitally signed by Tara L.

Petersen 3529852 Date: 2021.02.23 10:18:51 -06'00'

TERRY L.

SPITZMILLER

394683

Digitally signed by TERRY

L. SPITZMILLER 394683

Date: 2021.02.24 17:03:39 -06'00'