P03 - Signed JA Document for Non-Emergent Ambualance Transport for Fayettevi.pdf

Acquisition Plan ID Number: 36C246-26-AP-1246

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 4 Revision: 04 Effective Date: 11/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Action ID: 36C246-26-AP-1246

1. Contracting Activity: The Department of Veterans Affairs, Network Contracting Office 6 (NCO 6) for the Veteran Integrated Support Network (VISN) 6 VA Mid-Atlantic Health Care Network, Fayetteville VA Costal Health Care System (FVACHCS). Purchase request

NUMBER 565-26-1-162-0008.

2. Nature and/or Description of the Action Being Approved: There is an urgent requirement for the provision of non-emergent ambulance transport services to support the Veteran Transportation Service (VTS) Department at the Fayetteville Veteran Affairs Costal Health Care System (FVACHCS) due to pending litigation filed by an unsuccessful offeror at the U.S. Court of Federal Claims (COFC) on November 17, 2025. This requirement will be procured in accordance with VAAR 819.7009 Sole Source Awards to a verified Veteran- Owned Small Businesses (VOSB) which allows a Contracting Officer (CO) to award a contract to VOSB (Reliance Medical Transport LLC) using other than competitive procedures. This is a new Firm Fixed Price (FFP) requirement type contract with an anticipated period of performance from December 01, 2025, through May 31, 2026.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: There is an urgent need for continued non-emergent ambulance transport services for the VTS Department at the FVACHCS for a three-month base period, and one three-month option period due to pending litigation filed by an unsuccessful offeror at the COFC. While the litigation is pending, the agency cannot be without these critical, non-emergent transportation services. Veterans’ healthcare would suffer and the provision of patient care to Veterans would be negatively impacted if there was an interruption in these services.

Services include Advance Life Support (ALS) and Basic Life Support (BLS) transport, Specialty Care transport (SCT) and Critical Care transport (CCT) services 24 hours a day, seven days a week (24/7), including weekends and holidays. The total estimated amount of $1,604,615.00 is as follows:

. Base Period: Dec 01, 2025 – Feb 28, 2026 $ 802,457.00 Option Period: Mar 01, 2026 – May 31, 2026 $ 802,457.00 Estimated Total Contract Cost: $1,604,915.00

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4. Statutory Authority Permitting Other than Full and Open Competition: 38 U.S. Code § 8127(c), as implemented by VAAR 819.7009, Sole source awards to a certified veteran-owned small business.

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

Reliance Medical Transport LLC (Reliance) is the only certified VOSB who is a well-known, experienced transportation provider that can meet the Agency’s needs to provide non-emergent transportation services to the VTS Department at FVACHCS on December 01, 2025. Reliance is currently providing emergent ambulance transportation services in support of VISN 6 medical centers in Fayetteville and Hampton. Additionally, the Contracting Officer has not identified in the SBA Small Business database a responsible Service-Disabled Veteran-Owned Small Business (SDVOSB) that is capable of performing the requirement or interested in performing the requirement. Two SDVOSB concerns submitted proposals in response to the solicitation for the long-term requirement. Although both SDVOSB offerors have self-certified as being SDVOSB concerns, neither of these offerors are listed as certified SDVOSBs in the Small Business Administration’s (SBA) Small Business database and therefore are not eligible SDVOSBs or VOSBs for any contract awarded pursuant to the sole source authority found in 38 USC § 8127(b) or (c), or its implementing regulations at VAAR

819.7008 and 819.7009.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies: In accordance with FAR 5.101 (b) Exemptions, the CO is not required to post a pre-solicitation notice to the GPE when using other than full and open competition (see 6.103), except for the authorities at 6.103-1(only one responsible source) and 6.103-6 (national security) Due to time constraints and the need to prevent a break in service for these essential transportation services while the COFC litigation is pending, the Agency cannot competitively solicit for this requirement. The Contracting Officer competitively solicited for the long-term requirement and awarded a contract on a full and open competition basis to Reliance. That competitively awarded contract is the subject of the litigation pending before the COFC.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will ensure the prices being quoted are fair and reasonable through the use of reviewing the awarded price for the long-term contract award, which was awarded to Reliance on October 03, 2025 and whose prices were determined to be fair and reasonable by the Contracting Officer during the source selection process for the long-term contract award.

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 due to the time constraints of this urgent requirement. Based on the recent performance of the incumbent Contractor and the concerns of the customer, it was determined it was not in the best interest of the Government to continue performance with the incumbent Contractor for the non-emergent ambulance transport services for the FVACHCS. Therefore, since there could not be a break in these critical services, Reliance, who is a responsible, experienced

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VOSB transportation provider who is satisfactorily performing similar ambulance transportation services at both the Fayetteville and Hampton VAMCs and IAW VAAR 819.7009, was selected as the Contractor for this urgent sole-source requirement. The appropriate market research for the long-term contract was performed, and the long-term requirement was issued on an unrestricted basis.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: In accordance with 38 USC 8127(c), authorizes the Department of Veteran Affairs to award sole-source contracts above the simplified acquisition threshold up $5 million to eligible small business concerns owned and controlled by Veteran Owned Small Business (VOSBs).

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: The Agency solicited for the long-term requirement competitively and awarded a contract to Reliance on October 03, 2025. Performance under Reliance’s competitive contract was scheduled to begin on December 01, 2025. The incumbent’s contract expires on November 30, 2025, and the VISN 6 medical centers cannot be without these critical transportation services while litigation is pending before the COFC.

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.

Lineal E. Hyman Date Chief Veteran Transportation Program

FVACHCS

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.

David E. Smith Date Contracting Officer Network Contracting Office (NCO) 6

11/24/2025

11/24/2025

LINEAL

HYMAN

Digitally signed by LINEAL

HYMAN

Date: 2025.11.24 13:43:50 -05'00'

DAVID SMITH

Digitally signed by DAVID

SMITH

Date: 2025.11.24 13:49:02 -05'00'

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b. One Level Above the Contracting Officer (Required over SAT but not exceeding $900K: I certify the justification meets requirements for other than full and open competition.

Mario L. Santiago Date Branch Chief, Healthcare Resources Team Network Contracting Office 6

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

Irma Ferro Date Director of Contracting Network Contracting Office 6, RPO East

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 (if over $90 million) or approve ($900K to $90million) for other than full and open competition.

Gerald F. Jacobs Date Executive Director, Regional Procurement Office East

MARIO

SANTIAGO

Digitally signed by MARIO

SANTIAGO

Date: 2025.11.24 13:55:37 -05'00'

IRMA FERRO

Digitally signed by IRMA

FERRO

Date: 2025.11.25 07:32:42 -05'00'