Emergency Room Physician Services for Fayetteville VAMC.

OFOC SOP Revision 05 Page 1 of 2

Original Date: 03/22/11

Revision 05 Date: 05/02/2016

DEPARTMENT OF VETERANS AFFAIRS



Justification and Approval



Justification



For



Other Than Full and Open Competition





Contracting Activity:

Department of Veterans Affairs, Network Contracting Office 6 (NCO 6) Hampton, VA on behalf of the Fayetteville VA Medical Center (FVAMC) Fayetteville, NC, justification for other than full and open competition for Emergency Room Physician staffing and Management of the Fayetteville VA Medical Center Urgent Care Clinic.



Description of Action:

This request is for an emergency sole source contract with the incumbent contractor, Emergency Medical Associates (EMA), for the staffing and operation of the Fayetteville VA Medical Center (FVAMC) Urgent Care Clinic (UCC). A competitive contract was awarded to EMA that was protested due to what the protestor felt was an improper evaluation. OGC informed GAO that the VA would take corrective action in accordance with VA Procurement Policy Memorandum (2016-05) and the protest was dismissed as academic by GAO due to the corrective action that would be taken, which was to cancel the award, do additional market research and make a new award determination. Given that there is not enough time to accomplish the corrective action before the current contract expires on November 30, 2016, it is the best interest of the Government to immediately continue services with EMA via an emergency sole source contract for 60 days.



Description of Supplies or Services :

The request is for the staffing and operation of the FVAMC UCC. The period of performance will be December 1, 2016 to January 31, 2017.



The total estimated price of the proposed action is: $713,640.00



Statutory Authority Permitting Other than Full and Open Competition:



(x) FAR 6.302-2 (a) (2) Unusual and Compelling Urgency: VA s need for the staffing and operation of the UCC is so urgent that Veterans would be seriously impacted unless VA is permitted to limit the number of sources from which it solicits proposals.



Rationale supporting Use of Authority cited Above:

The current contract ends on November 30, 2016 and there is not enough time to complete the corrective action recommended by GAO. The services must continue uninterrupted in order to ensure Veterans are able to receive Urgent Care Services. The current incumbent contractor is the only firm in the position to ensure there are no interruptions in service as they have a cadre of 50 physicians that have been rotating through the FVAMC that already have completed background checks and are credentialed.



Efforts to obtain Competition:

The CO requested an offer from only one source, that being EMA, the incumbent, as that is the most practicable approach due to the very small window of time before the current contract expires on November 30, 2016.



Actions to increase Competition:

The corrective action recommended by GAO will be addressed during the 60 day sole source.



Market Research:

The current incumbent contractor is the only firm that can successfully ensure that services are not interrupted due to their large pool of 50 providers who are mostly local and who already have completed background investigations and are credentialed at the FVAMC. No other firm has the qualifications to begin performance on December 1, 2016.



Other Facts:

There are no other facts that have not already been provided.



Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.





_____________________________ ________________________

Alvin Scroggins Date

Administrative Officer, Medicine Service Line

Contracting Officer Representative (COR)



Determination that Anticipated Cost is fair and Reasonable: A determination has been made by the contracting officer that the anticipated cost to the Government will be fair and reasonable as the pricing is based on current contract prices which were determined to be fair and reasonable at the time of award.



Contracting Officer's Certification: (required) I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.





_____________________________ ________________________

Marchelle Peyton Date

Contracting Officer

Branch Chief Medical Services Team



Approvals in accordance with the VHAPM, Volume 6, Chapter VI: OFOC SOP.



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

_____________________________ ________________________

Nancy Bailey Date

NCO6 SAOE Director of Contracting

Hampton, VA





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



________________________________ _________________________

Shirman Thomas Date

Director, Medical Sharing Office