Inactive

OFOC SOP Revision 10 Original Date: 03/22/11 Revision 10 Date: 09/10/2020 Page 1 of 5 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Ac... OFOC SOP Revision 10 Original Date: 03/22/11 Revision 10 Date: 09/10/2020 Page 1 of 5 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C248-21-AP-1302 Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service Network 8 (VISN 08),, Orlando Veterans Affairs Healthcare System (OVAHCS,) Network Contracting Office 8 (NCO 8). Nature and/or Description of the Action Being Processed: NCO 8 proposes to negotiate a Fixed Price Indefinite-Delivery Indefinite-Quantity (IDIQ) with economic price adjustment (EPA) contract for a period of four (4) months with two (2), two (2) month options, utilizing Other than Full and Open Competition procedures in accordance with VHA Handbook 1143.2, Public Law (PL) 88-450 , PL 106-117 and 38 U.S.C. 1720 for Community Nursing Homes (CNH) services. The period of performance for this contract will be from January 01, 2021- July 31, 2021. To avoid a disrupt ion in direct patient care, NCO 8 int ends to award a contract on a sole source basis to Description of Supplies/Services Required to Meet the Agency's Needs: The OVAHCS located at 13800 Veterans Way Orlando, FL 32827 requires Comm unity Nursing Homes (CNH) services as a key component of the Veterans Health Administration (VHA) continuum of care. The Geriatrics and Extended Department at the OVAHCS has a requirement for a contract for Nursing Home services at prices specified in the section titled Schedule of It ems of the IDIQ. Nursing home facilities in the CNH program shall cooperate with VA staff in referral of appropriate veterans for care and accept veterans for which they have the capability/ capacity to provide care. There are currently seven (7) veterans at the facility, and the current contract expires on December 31, 2020. Consideration in using other placement in a nursing home required a geographic closeness to the veterans' families to maintain high quality care. VA's Comm unity Nursing Home (CNH) program has allowed personnel at the VA to coordinate with veterans' families and to choose where a veteran is placed among the contracted VA Nursing Homes. As prescribed in VA Handbook 1143.2, the CNH Program has maintained two (2) cornerstones' : some level of patient choice in choosing a nursing home close to the veteran's home, family and a unique approach to local oversight of CNH' s. This acquisition is being accomplished as a logical follow-on to an existing contract, 36C2482000048 which expires on December 31, 2020. The estimated award date of the contract is January 1, 2021. The Chief, Social Work Services/Program Manager has certified that funding is available for this action and will be provided via VA Form 1358. Statutory Authority Permitting Other than Full and Open Competition: ( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1; ( X) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.30 2-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3; ( ) (4) International Agreement per 41 USC §3304(a)(4) as implement ed by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implement ed by FAR 6.30 2-5; ( ) (6) National Security per 41 USC §3304(a)(6) as implement ed by FAR 6.302-6; ( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.30 2-7; The authority for applying the Simplified Procedures for Commercia l Items IAW FAR 13 .5 is 41 U.S.C. 1901and is implemented by restricting competition on this procurement via FAR 13.106-l(b)(2). Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): shall provide CNH services to include but not limit ed to; provider visits, medical services, laboratory work x-ray, special services, room, meals, nursing care, and other services or supplies commensurate with the VA authorized level of care. has a current Center for Medicare and Medicaid (CMS) certification, a State Nursing Home License and passed required inspections as a healthcare Residency, with necessary interdisciplinary team and management care. As such, this facility is qualified to provide the required CNH services for the seven (7) veterans already placed in this facility. Placement of these veterans in a different Nursing Home could interfere with quality of care and not be beneficial for their well-being. This facility, as permitted by VHA Handbook 1143.2, was selected by the veterans and their families as the CNH of choice for healthcare services based on location and level of care. Public Law (PL) 88-450, PL 106-117 and 38 U.S.C. 1720 create the expectation that qualified veterans will receive CNH services in their comm unity. Consideration in using other CNHs for placement of current veterans from this facility indicates the prospective CNH will not be ready to take on the additional patients without placing strain on the necessary care. Additionally, the receiving CNH's in-patient processing would most likely not meet the timeframe required for new admissions; specifically, with regards to additional documentation and procedures required to address COVID-19 concerns. A break in continuity of care to these veterans would prove to be detrimental and negatively impact the quality of life for the aged veterans who require critical assisted services and in a supportive environment. The objective is to meet the healthcare needs and promote maximum wellbeing. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: It is deemed unpractical to contact other potential sources due the following. This requirement is to provide CNH services to include but not limit ed to; provider visits, medical services, laboratory work x-ray, special services, room, meals, nursing care, and other services or supplies commensurate with the VA authorized level of care. Any potential source would require time to transition veterans that are aged, require critical assisted services and a supportive environment. Transitioning veterans to another facility at this time would not be in the best interest for the veteran or Government. A full and open competition for a long-term contract is presently being accomplished under solicitation 36C24820R0045. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer (CO) will determine price reasonableness in accordance with FAR 13.106-3(a)(2)(ii), Comparison of the proposed price to historical prices paid. In addition, the VHA Geriatrics and Extended Care CNH Program, CNH Rate Guide for Medicaid Rate serves as base with Resource Utilization Groups, version IV (RUG-IV) Case-Mix Levels for FY 2021 is applicable to this procurement. The information will also be used to validate price reasonableness. The information is considered procurement sensitive. This procurement does not require certified cost or pricing data, however, other than certified cost or pricing data will be requested should the CO determine the proposed price to be unreasonable. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research conducted on June 11, 2019 revealed that there was not a reasonable expectation of receiving proposals from two (2) or more SDVOSBs, VOSBs or small businesses that could provide the service. The addendum to the market research report dated January 5, 2021 validates that the information in the market research report dated June 11, 2019 is still current, accurate, and relevant to the procurement. There are currently no known mandatory or other government sources capable of providing community nursing home services. Current market research conducted on the Vendor Information Pages, Beta SAMs and Google search engine yielded the same results. This procurement is critical to the continuity of providing nursing home care services to veterans that currently reside in the facility. It was determined that there were no other nursing homes(s) in a geographically convenient area near the veteran(s) family. The contractor is currently and has in the past successfully provided services to these veterans, is knowledgeable of VA procedures and requirements. A change in environment would be emotionally and mentally disruptive to their wellbeing as well as, to their families and caregivers. A search of using the Medicare.gov Nursing Home Compare website generated a report which shows the facility had an above average overall rating based on health inspections, nursing home staffing and quality measures. This report includes nursing home demographics including beds, resident percentage occupied, resident councils, ownership type and reported deficiencies. In addition to evaluation of community nursing homes, this report is also used to locate future procurements within the local area. The website www.ahca.myflorida.com was used to determine the daily Medicaid reimbursement per diem rates. A query into the National Center for Veterans Analysis and Statistics www.va.gov/vetdata revealed that the VA Veteran Population Projection Model, VA Geographic Distribution of Expenditures, VA Annual Benefits Report, U.S. Census Bureau, and American Community Survey have not been updated since the initial market research report. The information contained within these pages is still current, accurate and relevant. Any Other Facts Supporting the Use of Other than Full and Open Competition: The OVAHCS is not equipped to provide the service; however, this service is critical to the mission. The OVAHCS has determined that there were no other nursing homes in a geographically convenient area near the veteran(s) family. The contractor is currently and has in the past successfully provided services to these veterans and is knowledgeable of VA procedures and requirements. A change in environment would be emotionally and mentally disruptive to their well-being as well as, to their families and caregivers. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: This procurement is critical to the continuity of providing nursing home care services to veterans that currently reside in the facility. There are no other sources that can provide services at this time. 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: There are no other viable options for removing existing barriers to competition for this acquisition at this time. However, on January 15, 2021, NCO-8 published solicitation number 36C24820R0045 utilizing Full and Open Competition procedures for Nursing Home services. Issuance of the solicitation will aid in eliminating any barriers to competition within the geographical area of the OVAHCS. 12. Requirements Certification: I certify that the requirement out lined 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. Wende L. Digitally signed by Wende.L Phillips 351420 Phillips 351420 :02.1 0 1.29 15, 10: 06 Wende, Phillips, LCW Social Work Supervisor, GEC Contracting Officer Representative Orlando VAHCS Date 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. ROSETTA D. QUINN 305967 Digitally signed by ROSITTA D. QUINN 305967 Date: 2021.01.29 15:12:15 -05'00' Rosetta Quinn Contract Specialist Tampa VAMC SHAUNDRICA M. CLOSE 226288 Shaundrica Close Contracting Officer Orlando VAHCS Date Digitally signed by SHAUNDRICA M. CLOSE 226288 Date: 2021 01 29 15·21·16-05'00' Date One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition. Digitally signed by 293846 Date: 2021.01.29 16:46:41 -05'00' 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 recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition. _ _ _ _ Name Date VHA Head of Contracting Activity (HCA) VHA Senior Procurement Executive Approval (over $68 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition. _ _ _ _ Name Date Deputy Assistant Secretary for Acquisition and Logistics Senior Procurement Executive (SPE) Department of Veterans Affairs