-13904.pdf

OFOC SOP Revision 06 Page 1 of 3 Original Date: 03/22/11 Revision 06 Date: 08/30/2017

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>$150K)

Acquisition Plan Action ID: VA259-18-AP-7771, Community Nursing Home in Pueblo, Colorado

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 19 (NCO19) in support of the VA Eastern Colorado Healthcare Center (DENVER).

2. Nature and/or Description of the Action Being Processed: This procurement is the establishment of a sole source Firm-fixed price Purchase Order (PO) for Community Nursing Home (CNH) Services to Rock Canyon Healthcare, Inc. (DBA: Riverwalk Post Acute and Rehabilitation) located in the city of Pueblo, Colorado. The current contract expires on May 31, 2018. The PO will be written for 1 month, June 1, 2018 to June 31, 2018.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for a CNH in Pueblo, Colorado 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 6.303-1.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This procurement is for a Community Nursing Home in Pueblo, Colorado. The CNH must meet the program requirements stated in VA Handbook 1143.2. All potential CNH’s must pass an initial inspection conducted by the Medical Center and comply with the requirements of VA Handbook 1143.2. Additionally, the CNH must be certified under Centers for Medicare and Medicaid Services (CMS) and licensed by the State of Colorado. The Performance Period for this PO will be 1 month (June 1, 2018 to June 31, 2018).

The estimated total dollar limitation for the PO is $ 100,290.00

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-1 (a)(2).

(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;

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).

OFOC SOP Revision 06 Page 2 of 3

Revision 06 Date: 08/30/2017

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Rocky Canyon Healthcare, Inc.

DBA: Riverwalk Post Acute and Rehabilitation has agreed to honor the same pricing from the current contract. The contract pricing has already currently has 9 Veterans being treated at this nursing home facility under an existing PO. The community nursing home facility meets VA exclusion review quality of care standards to provide treatment to Veterans. They have consistently provided quality care to our Veterans. The VA patients at this facility cannot be moved without causing undue medical hardship. An attempt to move the patients would cause a disruption in continuity of care and stress on family members if relocated to a different facility as well as possible non-compliance with VHA Handbook 1143.2. In accordance with FAR 6.302-1 this requirement for Community Nursing Homes Services will be sole sourced to Rock Canyon Healthcare, Inc (Riverwalk Post Acute and Rehabilitation).

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market Research was conducted in accordance with FAR Part 10 to ensure competition is sought to the maximum extent practicable. The Medicare website (medicare.gov) was utilized to find all available, certified nursing homes in the Pueblo, Colorado area. However, there are currently patients being serviced in this facility. It was determined that Rock Canyon Healthcare, Inc., DBA: Riverwalk Post Acute and Rehabilitation is the only CNH capable of providing services at this time.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: Rocky Canyon Healthcare, Inc. DBA: Riverwalk Post Acute and Rehabilitation has agreed to honor the same pricing from the current contract. The contract pricing has already been verified to be fair and reasonable by a warranted Contracting Officer. The Contracting Officer for this action will review and compare the pricing offered and will use the pricing from the current contract and pricing received in conjunction with the ongoing solicitation to verify those prices offered to be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The VA patients at this facility cannot be moved without causing undue medical hardship. An attempt to move the patients would cause a disruption in continuity of care and stress on family members if relocated to a different facility as well as possible non-compliance with VHA Handbook 1143.2. In accordance with FAR 6.302-1 this requirement for Community Nursing Homes Services will be sole sourced to Rock Canyon Healthcare, Inc. (Riverwalk Post Acute and Rehabilitation).

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are currently

9 Veteran patients in the Rock Canyon Healthcare, Inc. home which cannot be relocated or moved because of continuity of care, and medical complexity. Also, this CNH facilitates a location near the families of these Veterans.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No Community Nursing homes have expressed interest in this Acquisition.

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: There is currently only one (1) facility capable of providing the specialty care and medical needs of the existing patients. The contracting office will continue to canvas the market for new CNH entrants capable of meeting program requirements.

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Revision 06 Date: 08/30/2017

12. 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.

13. Approvals in accordance with the VHAPM, Volume 6, Chapter VI: OFOC SOP.

a. 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.