SAP Sole Source Justification - Redacted.pdf

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 4 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: 36C242-21-AP-3238

1. Contracting Activity: Department of Veterans Affairs, VISN 02, New York Harbor Healthcare System

– Brooklyn campus (800 Poly Place, Brooklyn, New York 11209) has submitted a procurement request to the Department of Veterans Affairs, Network Contracting Office 2, Hudson Valley Healthcare System – Montrose campus, for Ambulance Services, effective 9/01/2021 through 4/30/2022.

Funding is supported with funded procurement action VA2237 630-21-1-150-0005.

2. Nature and/or Description of the Action Being Processed: This procurement is for 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. Ambulance Services are provided at the VA New York Harbor Healthcare System (Brooklyn, NY and St. Albans, NY campuses), where the contract/task order has expired and solicitation 36C24221Q0767 resulted in no award. This sole-source justification supports the award of a firm-fixed-price Indefinite Delivery contract (and subsequent task order) with Richmond County Ambulance Service Inc., effective 9/01/2021. This time is necessary to continue critical services while a long-term effort is reconsidered and competed, anticipated to take effect May 1, 2022.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The requirement is for 24-hour ambulance services to transport eligible beneficiaries of the medical center for medical services.

Ambulance services are for basic life support (BLS), staffed with non-emergency attendant/drivers, and advance life support (ALS), staffed with paramedics, ALS-trained registered nurse and/or certified emergency medical technician. These services are for VA New York Harbor Healthcare System, including the Brooklyn Campus and the St. Albans Community Living Center. The performance period is for 8.5 months with no options. The total estimated value for this proposed action is $750,000.00.

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) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements ( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

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 Department of Veterans Affairs (VA) has an ongoing requirement for 24-hour ambulance services. Per the statute listed above, there is only one responsible source to provide the required services for the southern tier portion of the VA New York Harbor Healthcare System. The Contractor, Richmond County Ambulance Service Inc. (1355 Castleton Ave Staten Island, NY 10310), has assets and procedures on hand to provide services during this 8-month period and has continuously provided this service with a satisfactory or better performance. The proposed period of performance under this action is to provide continuous coverage while the long-term procurement action is re-strategized and competed, which is anticipated for performance to begin on or about May 1, 2022. The demobilization efforts that would be required to transition to another provider would create a chaotic environment. Any other source required to accomplish transitioning efforts would require several weeks of transition to include familiarization, training, and security screening background checks. Accomplishing this transition without sufficient planning and organization significantly places the operational readiness of the medical centers at increased risk and ultimately would likely result in unacceptable harm to the Veterans which the organization services. , Richmond County Ambulance Service Inc. is a responsible source specializing in Ambulance Services and is qualified to meet or exceed the minimum requirements of this acquisition.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Solicitation 36C24221Q0767, set-aside for small business, was publicized 5/07/2021 with a closing date of May 26, 2021. Market research for this effort revealed two small business firms and two large business firms – the incumbent Contractor is a Large business firm. Only one offer was received, but requested 90 days for phase-in. To accommodate this request, the Contracting Officer sought to establish another three-month interim contract with the incumbent Contractor (effective 7/01/2021 through 9/30/2021), but that incumbent Contractor did not accept another contract action. The issues with the area ambulance companies had been developing during the CO’s solicitation efforts, beginning in April 2021. With the big push on COVID vaccination nationwide, certain areas/states offered financial incentives and full-time paid status to EMS personnel, which were targeted for their authorization to inject people based on their certifications.

This vaccination effort exacerbated the ambulance industry workforce, while initially spotty, but becoming more widespread as time progressed. The CO confirmed the same issue with a VISN 1 Contracting Officer, who administers an ambulance contract for the Greater Boston area and faced the same issue. The proposed Contractor – Richmond County Ambulance Service Inc. – was previously inactive with their SAM registration, but became actively registered to support the VA New York Harbor Healthcare System under this contract effort.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

The anticipated costs are considered to be fair and reasonable based on the evaluation of previous contract pricing. Pricing for this 8-month award is approximately $750,000.00.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Only one source will provide the services as described in above. In order to find a capable source, a check in the System for Award Management (SAM) revealed ambulance vendors with inactive registrations. Coordination has been made with two vendors to

PM Part 813.5 SAP for Certain Commercial Items Page 3 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021 update their respective Representations & Certifications to become active again, allowing for a contract opportunity.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: To accommodate the EMT staffing shortages across the industry during this interim contract effort, the total requirement for New York Harbor Healthcare System, involving the New York campus, Brooklyn campus, and the St.

Albans campus, has been split into two zones of coverage: the northern tier, covering New York campus and St Albans campus, and the southern tier, covering the Brooklyn campus and the St. Albans campus. This will allow for two sole-source contracts supporting the VA New York Harbor Healthcare System in an expeditious and efficient manner and make it possible to contract with area providers enduring the staffing issues. For the long term effort, the ambulance coverage will encompass the entire VA New York Harbor Healthcare System’s needs should the expected temporary staffing issues abate in the near term.

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

Richmond County Ambulance Service Inc.

DUNS 041975871 CAGE 48J55

1355 Castleton Ave Staten Island, NY 10310 POC: Leizer Gewirtzman, CEO Office: 718-273-7703 Ext. 215

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: For the long-term effort, another review of SAM inactive registrations and the New York Department of Health authorized ambulance operatiors list will be reviewed and used for outreach to garner interest with vendors in registering their entity in SAM. This effort will increase the pool of potential vendors for the long-term effort and maximize competition to the greatest extent practicable.

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.

Supervisor Mobility Manager VA New York Harbor Healthcare System – New York