Q403--Emergency Department (ED) Physician Staffing Svcs (Sole Source) BASE PERIOD POP: 04/01/2021 TO 09/30/2021

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

36C246-21-AP-2152

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 9

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: 36C246-21-AP-2152

Contracting Activity: The Department of Veterans Affairs, Network Contracting Office

(NCO) 6 located in Hampton, Virginia. Purchase request 565-21-3-025-0014.

Nature and/or Description of the Action Being Processed: This procurement is for emergency physician staffing services for the Fayetteville VA Medical Center (VAMC). This action is necessary due to a change in requirement at the facility that caused a delay in the re-solicitation.  This action will be 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. Network Contracting Office 6 intends to award a new, firm-fixed-price contract to Emergency Medical Associates, Inc. who is currently providing these services at the Fayetteville VAMC. This contract will continue to provide physicians and staffing services to the Fayetteville VAMC Emergency Department while NCO 6 completes the evaluation of a competitively issued solicitation and prepares to award a new long term contract in May 2021.

Description of Supplies/Services Required to Meet the Agency s Needs: The requirement is to provide Emergency Department (ED) Physician Staffing Services for the Fayetteville VAMC Beneficiaries for a six month period of performance. This will provide continued physician staffing services to the Fayetteville VAMC Emergency Department while NCO 6 completes the evaluation of proposals and issue long term award. The total proposed cost is $2,361,840.00 for a three month base period plus one three month option period as follows:

Base Period:

April 1, 2021 June 30, 2021

$1,180,920.00

Option Period:

July 1, 2021 September 30, 2021

$1,180,920.00

Total Contract Cost

$2,361,840.00

Statutory Authority Permitting Restricted Competition:Â

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

Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The incumbent contractor Emergency Medical Associates, Inc. has qualified, credentialed and privileged emergency department physicians with completed background investigations commensurate with the required risk and sensitivity levels for the Fayetteville VA Medical Centers. Due to the scope, size and complexity of this requirement Emergency Medical Associates, Inc. is qualified to continue to provide physician staffing services to the Fayetteville VAMC Emergency Department without delay. They are fully staffed, managed, and currently providing emergency department physicians and staffing services to the Fayetteville VAMC Veteran beneficiaries. They have a clear understanding of the requirement, the necessary and required personnel and management to provide critical emergency department physicians to the Fayetteville VAMC Veterans during this interim period.

Award of the long-term contract is anticipated to take place in May of 2021. The transition, personnel and the credentialing and privileging process required to provide these services can take from 90 to 120 days at the minimum. This action will ensure services are not interrupted during this period. Emergency Medical Associates, Inc. is the only company, as the incumbent, that can provide these services.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: NCO 6 issued an open competitive solicitation and is preparing a long term award. Emergency Medical Associates, Inc., the incumbent, is the only company that can provide interim services without seriously impacting the delivery of this quality of life sustaining services to our Veterans.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The CO will compare the prices offered for this interim contract against the recently received proposal in response to our open competitive solicitation and to the current contract prices which were determined to be fair and reasonable at the time of award.

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 for this interim contract for the reasons stated above.

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

A competitive solicitation was issued in November of 2020 but was amended twice in December 2020 and once in January 2021 per the Facility s request to incorporate changes to the Performance Work Statement (PWS). The solicitation closed on March 5, 2021. The requirement is currently in the proposal technical capability evaluation phase within an expected completion date of Mar 31, 2021. NCO 6 expects to complete the evaluation of proposals the award determination documentation by April and to award the long term replacement contract in May 2021.

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Not applicable.

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 Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition of future acquisitions for these services.

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.

_____________________________ ________________________

Martin Leyva Date

Administrative Officer, Medicine Services

Contracting Officer Representative

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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.

_____________________________ ________________________

Mario L Santiago, Contracting Officer Date

Branch Chief Healthcare Resources Team, NCO 6

One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition.

______________________________________ ________________________

Angel Rhone Date

Division 2 Chief, NCO 6

c. Director of Contracting: I certify the justification meets requirements for other that full

and open competition.

______________________________________ ________________________

Nancy L. Bailey Date

Director of Contracting, NCO 6

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

approve ($750K to $7.5 million (or $15.0 million for acquisitions described in FAR

13.500(c)) for other than full and open competition.

_____________________________ ________________________

Joseph P. Maletta Date

Executive Director, RPO East

Head of Contracting Activity (HCA) Awarded contract 36C24621C0031 to EMERGENCY MEDICAL ASSOCIATES OF NJ PA (INC) for 2494100.00000000 on 2021-03-31.