P03 JLA Redacted.pdf
PDF 315 KB Posted
- Solicitation number
- 36C25022Q0004
About this file
This document contains a sole source justification for an ambulance service gap contract at the Dayton VA Medical Center. The justification cites an unusual and compelling urgency under FAR 6.302-2 to award a 12-month bridge contract before the start of the period of performance on November 1, 2021. The incumbent contractor received an unsatisfactory CPARS rating and experienced lapses in service. A sources sought was conducted in August 2021 which resulted in one response from American Medical Response, an Ohio-based large business with the required Ohio ambulance licensing. Historical data and pricing from incumbent and other regional contracts establish fair and reasonable pricing. The Network Contracting Office plans to pursue full and open competition for a base contract plus four option years to begin before November 1, 2022 to overcome barriers to competition.
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| File | Type | Posted |
|---|---|---|
| 36C25022Q0004_2.docx | DOCX document |
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VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT
OFOC SOP Revision 09 Page 2 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020
( ) (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;
FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106 1(b)(2).
5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): An urgent 12 month gap award is required and authorized by FAR 6.302 2. Past awards have resulted in unsatisfactory performance.
During meetings with the incumbent regarding lapses in service, a recurring issue is manpower. The company does not employ enough certified EMTs to man the ambulances after duty hours, weekends, and holidays. Recruitment has been difficult. The CO has discussed in detail with the other small businesses currently awarded with ambulance service contracts. They confirmed the employment issue and explained how they overcome it by having their headquarters near the medical center and utilizing EMTs from local volunteer units. This option is not possible in Dayton.
Ambulance service in Ohio requires Ohio Medical Transportation Board (OMTB) licensing in accordance with Chapter 119 of the Ohio Revised Code. This licensing takes 2 3 months and any contractor not currently licensed would not be able to complete the service by the start of the period of performance (PoP).
6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Sources sought (36C25022Q0004) posted on 2021 with a required response of 2021. The sources sought consisted evaluation factors, PWS and current wage determination. Three responses were received, two being large businesses. One of those large business has a current OMTB licensing. That business is American Medical Response.
7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Historical data such as IGCE and pervious awarded contracts and proposals will give a basis to price fair and reasonableness.
8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: A sources sought was conducted 8/2021 that produced one response from a small business. Previous award had market research conducted between 10/2020 and 12/2020. A sources sought notice via the GPE to garner interest to determine the procurement strategy and if a set aside was realistic. The responses to the sources sought notice indicated that they could not place that requirement under a small business set aside as the only small business has a history of receiving an unsatisfactory CPARS rating and lapses in service in ambulance services.
Other market research techniques for this requirement include the contracting officer collaborating with the department's end users at four VA Medical Centers in Ohio (Cincinnati, Chillicothe, OFOC SOP Revision 09 Page 3 of 4 Original Date: 03/22/11 Revision 09 Date: 04/17/2020
VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT
Columbus and Dayton) seeking optimal business strategies and other acquisitions solutions. The NCO 10 procurement decision makers and VISN 10's key stakeholders are engaged with industry seeking business strategies to counter unpredictable trends within the marketplace. This market research by the contracting officer also includes many discussions over the past several years with businesses that are well established in the ambulance service industry about government requirements, market trends and best practices. Further market research techniques involved an in depth review of the acquisition history and pricing established on incumbent contract 36C25019P0009 as well as three other active contracts for ambulance service in this geographical region of Ohio for Cincinnati VAMC, Chillicothe VAMC and Columbus VAACC.
9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Ambulance service performed in Ohio requires OMTB licensing. Awarding to a contractor that already has an active OMTB license is required for the vendor to be operational before the contract start date of 1 November 2021.
10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:
American Medical Response, Ohio based Large Business with OMTB license.
CT Defense, New Jersey Based Large Business, without OMTB License.
First Care Ohio, Ohio Based Small Business, pervious Incumbent terminated for convenience due to unsatisfactory performance.
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 Network Contracting Office (NCO) 10 intends to pursue in full and open competition for a base +4 option year contract to start before 1 November 2022.
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.
John M. Ryan Date Contracting Officer Network Contracting Office 10
John M. Ryan 1006633
Digitally signed by John M. Ryan 1006633 Date: 2021.09.09 13:53:24 -04'00'
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