Description
VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT OFOC SOP Revision 08 Page 1 of 5 Original Date: 03/22/11 Revision 08 Date: 04/18/2018 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Contracting Activity: Department of Veterans Affairs, VISN 21, Network Contracting Office (NCO) 21 for VA Healthcare Systems and associated Medical Centers within VISN 21 purview. Requirements covered under this action are for the following VA Healthcare Systems: VA San Francisco VA Northern California Nature and/or Description of the Actions Being Processed: VISN 21 s Medical Centers require Adult Day Health Care (ADHC) services to be issued via task order against established Basic Ordering Agreements (BOA). The task orders will be issued on a non-competitive basis to the below listed vendors in accordance with FAR 6.302-1 Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements. This justification serves as a combined justification document for issuance of non-competitive task orders against established BOA s. Actions included in this justification are being executed against BOA s with valid terms to support the respective task order period of performance. Acquisition Plan ID Purchase Request # ADHC Facility Est Annual Cost VA261-18-AP-7475 612-19-1-9788-0002 Alzheimers Services East Bay VA261-18-AP-8734 612-19-1-9788-0003 Bedford ADHC VA261-18-AP-8884 612-19-1-9788-0004 Golden Umbrella VA261-18-AP-8899 612-19-1-9788-0005 Guardian VA261-18-AP-8941 612-19-1-9788-0006 Health for All VA261-18-AP-9014 612-19-1-9788-0007 Mt Diablo VA261-18-AP-9051 612-19-1-9788-0008 Rancho Cordova 36C261-18-AP-1019 662-19-1-9620-0002 Bayview/Hunters Point 36C261-18-AP-1020 662-19-1-9620-0003 Humboldt 36C261-18-AP-1023 662-19-1-9620-0004 Lifelong Marin 36C261-18-AP-1024 662-19-1-9620-0005 Napa Valley Total Cost of Action $3,638,767 Description of Supplies/Services Required to Meet the Agency s Needs: The proposed action supports issuance of task orders against established BOA s to ADHC facilities capable of providing social activities, peer support and recreation for VA beneficiaries with medical or disabling conditions that do not require 24-hour skilled nursing services. These services will include medical and psycho-social treatment provision and planning as well as consultative family support as needed. All ADHC facilities are required to offer a stimulating program to maintain or restore the functional status of each veteran with provisions made for each individual to participate at their own optimal level of functioning and to progress at their own pace. All ADHC facilities in VA s ADHC program must have current State ADHC Licensure and all other necessary State operating certification. VA beneficiary transportation to and from the Contracted Facility will be provided in full accordance with California Code of Regulations; Title 22. Social Security; Division 6. Licensing of Community Care Facilities; Chapter 3 Adult Day Programs; Section 54333. ADHC facilities in the VA Contracted ADHC program shall utilize best clinical practices to ensure that care meets the healthcare needs all VA beneficiaries and promotes their maximum well-being. Rehabilitation services will be provided, as needed with the consultation of a qualified Physical and/or Occupational Therapist. All physical, occupational and speech therapies provided must be individual therapy, rather than group therapy, unless otherwise ordered by the authorizing VA facility. Medical Restorative criteria will be used for physical therapy, occupational therapy, and speech therapy. Therapy must be skilled, relate to safety and be restorative according to Medi-Care criteria. The total estimated value of the proposed action for all listed task orders is $3,638,767 Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-1. (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 FAR 6.302-5; ( ) (6) National Security per FAR 6.302-6; ( ) (7) Public Interest per FAR 6.302-7; Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): As prescribed in VHA Handbook 1141.03, ADHC is a mode of non-institutional long-term care and is a covered benefit for all enrolled veterans who meet nursing home level of care requirements pursuant to Title 38 United States Code (U.S.C.), Section 1720 (f) and Title 38 Code of Federal Regulations (CFR), Section 17.38(a)(1)(xi)(B). As prescribed in VHA Handbook 1143.2, for more than 35 years, the ADHC Program has maintained two cornerstones: some level of patient choice in choosing an Adult Day Health Care Program close to the veteran s home and family; and unique approach to local oversight of ADHC s. VA Medical Centers require ADHC services within their respective catchment areas that meet the requirements for quality of care set forth in the VA CNH/ADHC Handbook and to provide a continuum of care for patients. The purposes for providing ADHC are to enable functionally impaired individuals to reside in their own homes rather than in nursing home care facilities; to facilitate the return of veterans to their own homes and coordinate long term care, thereby reducing readmissions to hospitals and nursing homes; to maintain veterans at the highest level of functioning possible; and to improve support for the family and/or caregivers of veterans. The listed ADHC vendors currently have veterans being treated at their facility under existing task orders due to expire by September 30, 2018. The facilities meet VA standards of care. The various ADHC facilities listed have existing BOA s which were awarded within the last four years and have consistently provided excellent care to our veterans. Much like the community nursing home (CNH) program, geographic distance to the veteran s family home is of a concern. It would cause medical hardship on the patients to move their care, may disrupt treatment plans, and may be disruptive to family members if relocated to a different facility. The veterans require an anticipated 12 months of continued care at the ADHC facilities beyond the current task order expiration dates. To avoid disruption to the patients, the VA must execute task orders with the existing contractors. The task orders may also be used in the event additional veterans are identified for ADHC care and the patient-preferred facility meets the criteria stated above. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: No efforts were made to solicit additional offers as it is not practicable to do so under the circumstances. The veterans currently in place are well cared for and do not wish to be moved to a new location. The VA has no interest in moving elderly veterans and disrupting lives provided the facility is meeting the veterans needs at a fair and reasonable price. Since the current ADHCSs with the BOAs are doing just that, no efforts have been made to seek other sources at this time. In accordance with FAR 6.305(a), this justification will be made publicly available and posted to the Government Point of Entry (FBO) as the exceptions listed in FAR 5.202 do not apply. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Fair and reasonable pricing will be determined in accordance with FAR 15.403-3 if pricing differs from the established BOA or if conditions warrant such determination. In such cases, pricing will be evaluated to be fair and reasonable based on a comparison to the Independent Government Cost Estimates (IGCE) and acquisition history. The VA uses all-inclusive per diem rates for ADHC services and utilizes state Medi-Caid Rates as a reference for price comparison purposes. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was limited to a review of prior acquisition history due to the nature of the action. Any Other Facts Supporting the Use of Other than Full and Open Competition: VHA Handbook 1141.03 recognizes that many ADHC veterans have either a debilitating chronic disease or terminal illness and limits the transit time for these veterans to one (1) hour of travel. The geographic factor in these circumstances makes the ADHC requirements unique and, therefore, not readily available for competition. Since veterans are currently receiving care at the listed facilities, the VA does not intend on disrupting their care to conduct competitive acquisitions as the potential of moving and ultimately placing them in different facilities would not be in the veteran s best interest. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The listed contractors are willing to continue to provide services for the veterans currently receiving services under the existing BOA s. 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: Based on the inherent nature of the veterans requiring this type of service and in line with VA policy limiting transit time to adult day health care centers to less than one hour, the opportunity to increase competition is limited. Notwithstanding the foregoing limitations, the Government intends to post an open and continuous Request for Proposal (RFP) to increase the number of adult day health care providers, so that when new beneficiaries are brought into the program they will have more available choices thereby increasing competition. This RFP will further publicize the VA s need for adult day health care in certain geographic areas across the VISN. Through these efforts, NCO 21 anticipates an increase in the number of eligible adult day health care for its geographic regions. The RFP posting is currently on hold pending clarification and/or issuance of updated policy guidance identifying Veterans Choice Program Provider Agreements as the preferred method for ADHC 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. //signed// _____________________________ ________________________ Gloria Boston, LCSW Date Community Care Program Manager VA Northern California Healthcare System //signed// _____________________________ ________________________ Sharon Ezekiel Date Supervisor, Social Work Services, Geriatrics, Palliative and Extended Care Line VA San Francisco Healthcare System 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. //signed// _____________________________ ________________________ Amanda J. Simmons Date Contracting Officer Network Contract Office (NCO) 21 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. //signed// _____________________________ ________________________ Brooke C. Robison Date Director of Contracting Network Contracting Office (NCO) 21 VHA SAO 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. //signed// _____________________________ ________________________ Curtis M. Jordan Date Acting Executive Director, Service Area Office West Head of Contracting Activity (HCA)