P03 - JA - 36C244-22-AP-2591 - Ambulance Services - PHILA PROTEST (002) fully executed final.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C244-22-AP-2591

1. Contracting Activity: Department of Veterans Affairs, VISN 04, Corporal Michael J. Crescenz Veterans Affairs Medical Center (CMCVAMC) in Philadelphia, Pennsylvania. The 2237 number is 642-22-2-829-0032.

2. Nature and/or Description of the Action Being Processed: The proposed creation of a Fixed Price Indefinite Quantity, Indefinite Delivery (IDIQ) Contract for three months with one option period for three months (January 1, 2022 through June 30, 2022) for the Contractor to provide all required labor, material, equipment and supervision of contractor personnel for both emergent and non-emergent ACLS/ALS/SCTU, and BLS ambulance services, 24-hours per day, 7 days per week (to include all federal holidays) to be awarded to Lifeline Medical Services, Inc. as a sole source procurement. These services are needed throughout Pennsylvania, New Jersey and Delaware. A five year IDIQ Contract was awarded for these services on December 15, 2021. On December 29, 2021 a timely Protest was filed with the Government Accounting Office (GAO) for Solicitation Number 36C24421R0065. The Contracting Officer received notification on January 4 from Office of General Counsel (OGC) to issue a stop work order immediately and prepare a bridge contract to cover the time period for at least six months.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Contractor to provide all required labor, material, equipment and supervision of contractor personnel for both emergent and non-emergent ACLS/ALS/SCTU, and BLS ambulance services, 24-hours per day, 7 days per week (to include all federal holidays) for the CMCVAMC in Philadelphia, Pennsylvania. The total estimated value of this request for six months is approximately $1,700,000.00. All services are outlined in the Performance Work Statement which will be part of the contract.

4. Statutory Authority Permitting Other than Full and Open Competition:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

(X ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The CMCVAMC awarded a long term contract with the incumbent contractor for emergent and non-emergent ACLS/ALS/SCTU, and BLS ambulance services, 24-hours per day, 7 days per week (to include all federal holidays) in December 2021. It would not be conducive to interrupt services and switch to another vendor prior to GAO’s decision for such a short period of time. An ambulance service is critical to the health of the patients at the CMCVAMC and they rely on this service on a daily basis. Disrupting this service would be devastating for veterans. Lifeline Medical Services maintains the current licenses

Acquisition Plan/Description: 36C244-22-AP-2591/Emergent/Non-Emergent ACLS/ALS/SCTU and BLS ambulance services for the Corporal Michael J. Crescenz VA Medical Center

(ACLS/ALS/SCTU, and BLS) to perform this service for the beneficiaries of the CMCVAMC for the states of Pennsylvania, New Jersey and Delaware. In addition, the CMCVAMC is connected to an online portal through Lifeline that was created for scheduling patient pick ups, etc. and monitoring trips conducted. Using a new vendor would disrupt and delay picking up new patients since a new system to record this information would need to be implemented prior to patient pick ups.

CMCVAMC COR and others scheduling patients would also need to be trained on a new system before scheduling patients. In addition, Lifeline Medical Services has a proven track record of successfully performing these services for the CMCVAMC.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Creating a short term Fixed Priced Indefinite Delivery, Indefinite Quantity (IDIQ) for six months will allow time to respond to the GAO decision. Once a decision is reached, appropriate actions can be taken if necessary.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The rates are an estimate based on the current contract rates for services. These rates were considered fair and reasonable at the time of award in December.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: A market survey was not conducted for this sole source. The basis for a sole source contract to the existing contractor in this situation is to continue for approximately six months until a decision is reached by the GAO. To switch to another vendor now is not realistic because of the certifications, licenses, staff, etc. needed to provide ambulance services for states of PA, NJ and DE. CO reviewed the Vendor Information Pages (VIP) database and there are no Service-Disabled Veteran-Owned Small Businesses or Veteran-Owned Small Businesses in the Philadelphia area capable of performing these services.

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

None

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

None

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:

None

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.

Shirin Mathai Date Chief, Health Administration Service (HAS) Corporal Michael J. Crescenz VA Medical Center

01/13/2022

Acquisition Plan/Description: 36C244-22-AP-2591/Emergent/Non-Emergent ACLS/ALS/SCTU and BLS ambulance services for the Corporal Michael J. Crescenz VA Medical Center

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.

Maureen Jordan Date Contracting Officer, NCO 04

b. Division Chief Concurrence: I certify the justification meets requirements for other than full and open competition.

Seth J. Custer Date Division Chief, NCO 04

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

Benjamin P. Iachini Date Director of Contracting, NCO 04

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 recommend approval for other than full and open competition.

Joseph Maletta Date Executive Director, RPO East VHA Head of Contracting Activity (HCA)