Sole Source Justification - signed 2.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

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C242-22-AP-3768

1. Contracting Activity: Department of Veterans Affairs, VISN 02, New York Harbor Healthcare System, Ambulance Services between the Brooklyn campus and the St. Albans campus and the Staten Island Community-Based Clinic (CBOC).

Funding is supported with funded procurement action 630-23-1-150-0007.

2. Nature and/or Description of the Action Being Processed:

Ambulance Services are provided at the VA New York Harbor Healthcare System (Brooklyn campus and the St. Albans campus and the Staten Island Community-Based Clinic (CBOC), where the contract/task order is scheduled to expire on 10/31/2022. 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 11/01/2022. This time is necessary to continue critical services while a long-term effort is reconsidered and competed, anticipated to take effect February 1, 2023.

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 NY (Brooklyn) Campus and the St. Albans campus and the Staten Island Community-Based Clinic (CBOC). The performance period is for 3 months with plus 1 month option period.

The total estimated value for this proposed action is $392,800.

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:

( ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( X ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement

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( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

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 VA New York Harbor Healthcare System. The Contractor, Richmond County Ambulance Service Inc, has assets and procedures on hand to provide services during this 3-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 reconsidered and competed, which is anticipated for performance to begin on or about February 1, 2023. 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:

This action is to fulfill an immediate need to continue the ambulance services. A procurement package was submitted by New York Harbor Healthcare System with an expected award date of February 1, 2023. This should allow ample time to procure a new contract also for phase in phase out if a different vendor be utilized.

The Government will be able to procure a long-term contract through competitive processes.

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 No. 36C24221D0139 pricing. Pricing for this 3-month plus 1 month option period.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted:

The below market research was conducted for the long-term procurement.

A search on the U.S. Department of Veteran Affairs (VetBiz) website utilizing NAICS 621910 showed 63 matches, to narrow down the search CO searched 621910 and the key word (Ambulance) showed 18 matches. July 1, 2022, the sources sought email was issued to all 18 SDVOSB and VOSB the notice received zero responses.

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A search was completed on the Small Business Administration (Dynamic Small Business) website using NAICS 621910 showed 872 matching profiles. to narrow down the search the CO searched NAICS 621910 and the key word (Ambulance) showed 129 matching profiles. July 1, 2022, the sources sought email was issued to 129 small business, the notice received 1 response from Crest Transportation Services dba Assist Ambulance (small Business).

A source sought was posted in GSA eBuy (RFQ1568501) on July 1, 2022. 28 vendors were notified using Categories: MAS: 485, the notice received 5 no quote.

A source sought notification was posted on Contract Opportunities (beta SAM) Notice ID:

36C24222Q0912 on July 1, 2022. The notice received 2 small businesses and 3 large businesses.

Due to the urgency of this procurement a Limited market research was conducted. Market research was conducted by phone communication and internet searches on providers who can provide the service as soon as possible. Richmond County Ambulance Service Inc, has assets and procedures on hand to provide services during this 3-month period and has continuously provided this service with a satisfactory or better performance.

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

The New York Harbor Healthcare System has a requirement for 24-hour Ambulance service to transport eligible beneficiaries of the medical center for medical services. Ambulance services for Basic Life Support (BLS) and Advance Life Support (ALS) shall be provided 24 hours, 7 days per week, 365 days per year for eligible beneficiaries of the New York Harbor Healthcare System between the Brooklyn campus and the St. Albans campus and the Staten Island Community-Based Clinic (CBOC).

Any delays will jeopardize patient care.

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

Richmond County Ambulance Aervice Inc.

1355 Castleton Ave Staten Island NY 10310

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:

This procurement will result in a 3-month base period contract with 1 month option period to fulfill an immediate need. Subsequently, the Government will be able to procure a long-term contract through competitive processes. This effort will increase the pool of potential vendors for the long-term effort and maximize competition to the greatest extent practicable.

Effective Date: 02/01/2022 Page 4 of 4

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.

Name: Kurt Lewis Date Title: Chief – Business Office Facility – VA NYHHS

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.

Name: Safa Shleiwet Date Title: COntraciting Ofccer Facility: NCO 2 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx