Emergency Sole Source Contract for Emergency Room Physician and Department Director staffing services for Fayetteville VAMC.

DEPARTMENT OF VETERANS AFFAIRS
Justification and Approval
Justification
For
Other Than Full and Open Competition
Contracting Activity:
The Department of Veterans Affairs, Network Contracting Office 6 (NCO 6) Hampton, VA on behalf of the Fayetteville VA Medical Center (FVAMC) Fayetteville, NC, provides a justification for other than full and open competition for Urgent Care Physician staffing and Management of the Fayetteville VA Medical Center Urgent Care Clinic (UCC). This requirement is for the turn key operation of the UCC to include all Physician staff and a Medical Director position. This is not a locum tenens contract and due to the urgency, will require the incumbent to have credentialed and privileged candidates who have a completed background check available immediately. The proposed contract number for this emergency award is 36C24619C0001.
Description of Action:
Due to a protest of a competitive solicitation for the same services listed above, we are requesting a Six (6) Months Base Period plus a Six (6) Month Option Period emergency bridge sole source contract with the incumbent contractor, Emergency Medical Associates (EMA), for the operation of the FVAMC UCC.
Description of Supplies or Services:
This request is for the continued operation of the FVAMC UCC. The period of performance will be effective October 1, 2018 for six (6) months plus a six (6) months option period. This requirement is for the turn key operation of the UCC to include all Physician staff and a Medical Director position. This is not a locum tenens contract.
The total estimated price of the proposed action is: $4,629,600.00.
Statutory Authority Permitting Other than Full and Open Competition:
(x) FAR 6.302-2 (a) (2) Unusual and Compelling Urgency: The agency need for the staffing and operation of the UCC is so urgent that providing a fair opportunity would result in unacceptable delays which will seriously impact patient care. In fact, the contract is so urgent the it will require the awardee to have credentialed and privileged candidates who have a completed background check to be immediately available.
Rationale supporting Use of Authority cited Above:
The current contract ends on Sept 30, 2018. A new solicitation was posted on FBO July 13,
2018. A protest was issued on Jul 23, 2018. To avoid the discontinuation of services while
the protest is being resolved, an emergency bridge contract must be awarded. Since the
UCC is completely run by contractor staff under the oversight of their Medical Director,
services must continue or Urgent Care Services at the Fayetteville VAMC would virtually
collapse and there would no longer be access to care for urgent/emergent patients. This
would result in higher morbidity rates, longer travel distances to local emergency rooms,
longer wait times at local hospitals and increased patient complaints. In addition, if the
UCC contract is halted or eliminated, and patients are referred to community hospitals and
clinics, the numbers and amounts of fee basis authorizations could create overwhelming
expense for the FVAMC.
There are no other alternatives available for immediate performance of these physician
services. The credentialing of qualified physicians can take anywhere from 90 to 180 days.
If we were to award the contract today to a new contractor, we would have to invoke the
continuity of services clause with the incumbent to ensure services were continued during
the credentialing process of the new contractor. Even then, there is no guarantee a new
contractor could accomplish all the credentialing and background checks in time to begin
performance. Given these circumstances, continued performance by the incumbent is the
only alternative available as they have the credentialed staff with completed background
checks to begin performance immediately.
Efforts to obtain Competition:
The protested solicitation mentioned above was competed but has been suspended while the protest is resolved. Therefore, 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 Sept 30, 2018.
Actions to increase Competition:
Full and Open Competition was sought under the protested solicitation and there are no other actions now that would increase competition.
Market Research:
Market research was performed and is attached. 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 October 1, 2018. Based on the necessity to sole source this
requirement to the incumbent no further market research was conducted for this
procurement.
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.
_____________________________ ________________________
Martin Leyva 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
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
b. VHA 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 for other than full and open competition.
________________________________ _________________________
Brent Goe Date
SAO East Director (Acting).