____________________________________________________________________________________ The Department of Veterans Affairs intends to negotiate and award a sole source commercial Basic Ordering Agreement for Adult Day Health Care services with Assoc. Catholic Charities, St. Ann located at 320 Cathedral St., Ste. 3, Baltimore MD. The purpose of the award is to allow for the placement of Veterans in a facility that is within close proximity to their home or family. The Government intends to negotiate a Basic Ordering Agreement for the period of one base year plus four option years. The proposed contract action is for services which the Government intends to solicit and negotiate with only one source in accordance with FAR 6.302. This notice is not a request for competitive quotes, proposals, or information. Please direct any questions to Krista Shreet at
[email protected]. DEPARTMENT OF VETERANS AFFAIRS VISN 5 Justification and Approval For Other Than Full and Open Competition 1. Contracting Activity: Department of Veterans Affairs, NCO 5, 849 International Dr., Linthicum MD Requisition No. Funded/Paid thru VA Form 138, Obligation or Change in Obligation, in accordance with Volume II -Chapter 6 2. Nature and/or Description of the Action Being Processed: Pursuant to FAR 6.302-1 and 41 U.S.C. 253(c) (1), the VA has a requirement which can only be reasonably met by a single supplier. This action is to establish a new Basic Ordering Agreement with current contractor St. Ann at this time may be deemed to be available only from the original source in the case of a follow on contract, when it is likely that an award to another source would result in unacceptable delays in fulfilling the agency's requirement and substantial duplication of cost to the Government that is not expected to be recovered through competition. The VA Maryland Healthcare System anticipates entering into a sole source acquisition negotiation for eligible Veterans to "continue" receiving Adult Day Health services located in Md. St. Ann is currently supporting the VAMC by providing service which would otherwise require nursing home placement. ADHC services will be furnished to Veterans in the community for whom such care is specifically authorized by the VAMC Martinsburg. The Government anticipates awarding a Basic Ordering Agreements, in accordance with FAR 16.703. A binding contract is will be formed, in accordance with the terms and conditions of this BOA, when the Department of Veterans Affairs (VA) agrees non-VA is required and the contractor agrees to accept the patient and provide direct patient care services. Upon acceptance by the Contractor of beneficiaries of VA, all clauses and terms and conditions of this BOA shall apply and become a part of the resultant contract during such time as VA patient remains in the contractor care at the expense of VA. 3. Description of Supplies/Services Required to Meet the Agency's Needs: A Sole source award will be made to St. Ann for continuous services to veterans and eligible beneficiaries. St. Ann hereafter referred to as "ADHC" will provide care to include: activities of daily living, instrumental activities of daily living, adult day health care services. Striving to meet and maintain the healthcare needs and promote maximum wellbeing, a break in continuity of care to our Veterans would prove detrimental and "negatively" impact the quality of life for this aged Veteran population who require critical assisted services and supportive environment. This Basic Ordering Agreement cost estimate is as follow: (5)-Five Year Cost Estimate: $271,000 o Contracting Officer's (CO) Cost Estimate: Placements will be made in contract facilities based in availability of facilities and the desires of the veterans and their respective families. Because it is impossible to determine actual usage of any particular contract facility; the VA uses Basic Ordering Agreements with no guaranteed minimums. However, based on a usage rate of one veteran for 365 days, a reasonable estimate for the value of any particular contract would be around $50,000 per year, with many facilities experiencing authorized Veteran populations in excess of 15 per year. Daily rate differ depending on negotiated terms based on the Medicare Rate. Five-(5) Year estimate: $271,000. 4. Statutory Authority Permitting Other than Full and Open Competition: FAR 6.302-1 and 41 U.S.C. 253(d) (1) (A): Only one responsible source and no other suppliers or services will satisfy agency requirements. 5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): As noted in paragraph 3, ADHC services are essential to the provision of planned programming designed to promote social and health related services to aging Veterans in the service area who are no longer able to manage independently or who are isolated without an essential support network to facilitate needed care services. A break in the continuity of care to our Veterans would prove detrimental and negatively impact the wellbeing of the aged Veteran population who require assisted services and supportive environment. Recompleting the services would result in a change in services to the existing Veterans who already are enrolled and receiving service based on medical necessity for years. Veterans with long term psychiatric conditions or organic brain dysfunctions would likely experience a decline in functioning or experience an exacerbation in their level of functioning mentally, emotionally, and physically resulting from a disruption or change in vendor. A decrease in stability could potentially lead to irreversible harm or even death. (Note: stability with respect to such medical treatment as may be necessary to assure, within reasonable medical probability that no material deterioration of the condition is likely to result from or occur during the transfer of an individual from a vendor). Consistency in their therapeutic milieu is warranted. The primary goal is to maintain or restore the Veteran to the highest attainable level of health and well-being, thus Veteran treatment should be focused on stabilizing symptoms as much as possible. The benefit of a supportive environment would serve both veterans and their caregivers. Discontinuation of the current contract services will cause an unacceptable delay in fulfilling the agency's requirement for Veteran support and cause substantial duplication of cost to the Government that is not expected to be recovered through competition . The current facility have and will continue to meet all state licensing requirements including the state requirement pertaining to level of medical liability insurance. 6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A notice of Intent to sole source will be published on FedBizOpps. 7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: In order to determine whether the contractor's proposed price is fair and reasonable, the Contract Specialist will review the proposed rates against VHA Benchmark rates. If the contractor's proposed price appears to be questionable for reasonableness, a justification from the contractor will be required in order to determine whether the proposed price is fair and reasonable before award. 8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Research was conducted on a limited basis due to the limitation of the geographic area. Research was conducted to establish ADHC contract services located throughout the local VA 's catchment area to provide homemaker services to Veterans near or as near as possible to family or friends. Market research for future agreements is dependent on the needs of the patient's population in the catchment area and resources availability of the VA Medical Center. The objective is to maximize patient care while maintaining compliance with VA regulations. 9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Continuing service is critical to Veterans to sustain a quality of life at an acceptable level. 10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Not Applicable for this requirement. 11. 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 Contracting Office has identified way to improve and increase competition for the medical services in areas where completion can be considered . Approval not to compete does require VA Director and Chief of Staff approval prior to acquiring the medical services. The procurement action will be posted to the Government Point of Entry. Any responses will be referred the GEC coordinator for future consideration and marker research of source availability.