Inactive

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification >SAT-$7M under FAR13.5 PM Part 813.5 SAP for Certain Commercial Items Original Dat... VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification >SAT-$7M under FAR13.5 PM Part 813.5 SAP for Certain Commercial Items Original Date: 08/30/17 Revision 02 Date: 08/04/2020 Page 2 of 5 DEPARTMENT OF VETERANS AFFAIRS SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5 Acquisition Plan Action ID: 36C259-21-AP-0364, CNH The Living Centre, Montana VA Health Care System RPOW JOFOC Acquisition Plan Action ID: 2020-12-03T14:06:21 Contracting Activity: Department of Veterans Affairs, Network Contracting Office 19 (NCO19), 6162 South Willow Drive, Greenwood Village, CO 80111. This action is funded by a 1358. Therefore, there is no associated 2237. Organizational Activity: Department of Veterans Affairs, VISN 19, Montana VA Health Care System, 3687 Veterans Drive, Fort Harrison, MT 59636. FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for the establishment of an IDC utilizing procedures 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. This acquisition does not fall within FAR Part 8 Required Sources of Supplies and Services, therefore the procedures associated with limited sources justification will not be utilized. Nature and/or Description of the Action Being Processed: This procurement is for the establishment of a sole source Firm-Fixed Price Indefinite Delivery Contract (IDC) for community nursing home (CNH) services for the Montana VA Health Care system to The Living Centre, located in Stevensville, MT. This will be a 5-year IDC (60 Months). The period of performance will be 1 September 2021 through 31 August 2026. Description of Supplies/Services Required to Meet the Agency s Needs: The CNH will provide all facilities and services to support short and long-term care for Veterans. These services include rehabilitation, nursing, and clinical care in accordance with the performance work statement. The current contract 36C25919D0064 expires on 31 August 2021. The Living Centre has met all requirements under VA policy/directive established by the Office of Geriatrics and Extended Care. Additionally, they are certified under Centers for Medicare and Medicaid Services (CMS) and licensed by the State of Montana. The total estimated value of this contract is $3,591,917.00. The total estimated value of this contract is $3,591,917.00, and the estimated value of the 52.217-8 option, if exercised, would be $359,191.68.00. 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. (X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1; ( ) (2) Unusual and Compelling Urgency per FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3; ( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute as FAR 6.302-5; ( ) (6) National Security per by FAR 6.302-6; ( ) (7) Public Interest per by FAR 6.302-7; FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by restricting competition on this procurement via FAR 13.106-1(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): Currently, there is nine (9) Veterans being treated and housed at the Living Centre facility under an existing IDC (36C25919D0064). The Living Centre nursing home facility meets VA standards for quality of care to provide care and treatment to Veterans. They have consistently provided quality care to our Veterans. In accordance with FAR 6.302-1, this requirement for community nursing homes services will be sole sourced to The Living Centre facility. In addition, as stated in paragraph 6 below, no responses were received from any potential offerors regarding the sources sought notice issued for this procurement. The Veteran at this facility cannot be moved without causing a disruption in the continuity of care and undue stress to both the Veteran and family. The relocating of Veteran is not in accordance with VA policy/directive established by the Office of Geriatrics and Extended Care. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A source sought was posted on 4 November 2020 and closed on 13 November 2020. No responses were received from any potential offerors regarding the sources sought notice. A search of the Medicare Nursing Home Compare website https://www.medicare.gov/nursinghomecompare/search.html resulted in no Community Nursing Home within the zip code of 59870, where the current CNH is located. The VA Vendor Information Page (Vet Biz) was used to determine if potential offerors exist who would be able to provide the services required. However, the site failed to produce any results for Stevensville, MT. The VA CNH Program Coordinator should review the Medicare.gov Nursing Home Compare scores of any new Community Nursing homes that are to be considered potential participates for a VA contract. These new thresholds are based on the Medicare Nursing Home Compare scores. While some VA CNH Medical Centers may opt to conduct these inspections. The current COVID-19 pandemic has seen a number of CNH s impacted by the virus and has caused limited visits to these facilities. In accordance with the VHA Office of Community Care Field Guidebook, a new CNH participant would be eligible for a VA contract without a waiver if they have a: 3-5 Overall Star Rating, Overall Rating of 2 Stars and a 4-5 Quality Measures Star rating. As part of the acquisition process, a CNH must provide a current state license, insurance and a copy of the state inspection. These documents are provided to the CNH Program coordinator for review and evaluation. The CNH Review Team will review all the documents, and the Medicare Nursing Home Compare scores. Upon review, the CNH Coordinator will either provide a recommendation to contract or request a waiver from the VISN to contract with the CNH. A redacted J&A will be posted on Contract Opportunities. Determination by the Contracting Officer (CO) that the Anticipated Cost to the Government will be Fair and Reasonable: The Medicaid rates are used as the basis for pricing the CNH contracts. The Medicaid rates are established by each state based on the national average. The VA Geriatrics and Extended Care Office through the VHA PM and VA pulse publishes an annual maximum allowable percentage that are applied to each Resource Utilization Groups IV category. The RUGS IV category identify the different levels of treatment. The add-on percentages are added to the basic Medicaid rate then applied to each RUGS IV category. The Medicaid rate and the VA add-on percentage make up the per diem rate paid for each Veteran. The line item structure will illustrate the different RUGS IV category and the add-on percentage and the total per diem rate for each level of care. After conducting research on the current Medicaid and RUGS IV rates, the CO has determined that the results are determined to be fair and reasonable when the add-on percentage agreed upon by both parties is at or under the maximum allowable percentage established by VA. The add-on percentages do not change through the life of the contract. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in Section 6 above, a search of the Medicare Nursing Home Compare website https://www.medicare.gov/nursinghomecompare/search.html resulted in one (1) community nursing homes within the zip code of 59870 of Stevensville, MT where the current CNH is located. A sources sought was posted on November 4, 2020 and closed on November 13, 2020. No responses were received from the sources sought notice. The VA s Vendor Information Page (Vet Biz) was used to determine if any potential Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) offerors exist for this requirement. However, the site failed to produce any results for Stevensville, MT. The results of the market research showed there is no other CNH that expressed interest. Based on the CNH program requirements, the Veterans preference is taken into consideration when selecting a CNH. The CNH selection is based on the Veterans needs, proximity to home/residence and family. The VA CNH Program Coordinator is responsible for conducting market research. The CNH Coordinator will review the Medicare Nursing Home Compare score to determine if the CNH is eligible for a contract without a waiver. The current contract 36C25919D0064 expires on 31 August 2021. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are nine (9) Veterans receiving care and treatment at this facility. These Veterans cannot be relocated due to continuity of care and medical complexity. This CNH is located near the families of the Veterans. Relocation of the Veteran would cause undue stress to the Veterans and family. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No other CNH expressed interest in this acquisition. The current contractor, The Living Centre, 63 Main Street; # 123, Stevensville MT, 59870, has expressed an interest to continue providing CNH services to the VA and continue in providing care and services to the Veterans. 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 is currently one (1) facility capable of providing the rehabilitation, nursing and clinical care of the existing Veterans. Based on the CNH program requirements, the Veterans preference is taken into consideration when selecting a CNH based on the Veteran s needs, proximity to home/residence and family. The CNH Program attempts to inspect a sample of CNH's in the state to provide the Veterans with several choices. However, the selection of the CNH is determined on whether the CNH has the resources and program requirements available to meet the Veterans need. The contracting office and CNH Program office will continue to canvas the market for new CNH entrants capable of meeting program requirements. 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. Digitally signed by Christine R Brand Christine R Brand 261628 261628 Date: 2020.12.16 09:21:53 -07'00' Christine Brand, MSN, RN Date COR/Community Nursing Home Program Coordinator Facility: VA Montana Healthcare System Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: 12/18/2020 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. David J. Digitally signed by David J. Medina 748952 Medina 748952 Date: 2020.12.18 09:02:24 -07'00' _ David J. Medina Date Contracting Officer Specialized 1 Branch Chief Network Contracting Office 19 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. DANNY O. Digitally signed by DANNY O. FREEMAN 170000 Date: 2020.12.21 07:58:24 -07'00' FREEMAN 170000 Danny O. Freeman Date 12/21/2020 Director of Contracting Network Contracting Office 19 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. Curtis M. Jordan Date CURTIS M. JORDAN 597130 Digitally signed by CURTIS M. JORDAN 597130 Date: 2020.12.21 10:27:03 -07'00' Executive Director, RPO West Head of Contracting Activity (HCA)