15B62021PWB210013 - JOFOC.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

15B62021PVB210013 – Catastrophic Episode of Care - Naphcare

1. AGENCY:

This action is for the Department of Justice, Federal Bureau of Prisons located at the Federal Correctional Institution, Mendota at 33500 W. California Avenue, Mendota, CA, 93640. The procuring contracting activity is the Local FCI Mendota Contracting Office.

2. DESCRIPTION OF ACTION BEING APPROVED:

This action is for the continued provision of consult, diagnostic, treatment, and professional services from community medical providers and facilities through Naphcare Inc. Naphcare is the incumbent vendor within the area that provides claim review, adjudication, provider network management, and inmate scheduling. The nature of the procurement is urgent to maintain continuity of care to the inmate population.

3. DESCRIPTION OF THE SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS:

FCI Mendota currently has one inmate in its care that has developed a significant cardiovascular medical condition that would require surgical intervention. FCI Mendota has been designated as a Care Level 1 facility, and does not have the staffing, training, supplies, or equipment to provide the necessary treatments to address the inmate’s medical need(s). As a result, the provision of medically necessary pharmaceuticals, supplies, and professional treatment is being provided by community providers.

4. STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION:

This action is being conducted under authority of 41 U.S.C. 3304(a)(2) and FAR 6.302-2(a)(2).

5. THE PROPOSED CONTRACTOR’S UNIQUE QUALIFICATION OR THE NATURE OF THE ACQUISITION

DICTATES USE OF THE AUTHORITY CITED:

Naphcare is the incumbent vendor capable of maintaining the provider networks necessary to ensure coordination of services, and ensuring that necessary services are timely scheduled to maintain the inmate’s level of function. Naphcare has been the primary vendor for network management and scheduling of required community services for multiple years, and has continued to provide those services satisfactorily. Past Performance on prior catastrophic cases was satisfactory and did not impact patient outcomes.

6. EFFORTS MADE TO ENSURE TAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS

PRACTICAL:

As written in FAR 5.202(a)(2), the proposed contract action represents an unusual and compelling urgency, which precludes competition to the maximum extent practicable. Delay of contract award would result in serious injury, financial, or other, to the Government if the agency complies with the time periods as specified in FAR 5.203. Due to the urgent nature of this procurement action, a synopsis notice was not required.

7. DETERMINATION THAT THE COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE:

Based on a review of costs from former inpatient hospitalizations, and treatments where inpatient stays were longer, Naphcare has consistently provided rates and fees that are commensurate with established government rates for reimbursement of private practice facility providers (a percentage of CMS allowable rate). Naphcare has worked with community hospitals in cases where inmates have become unable to be transported, and established stop-loss amounts and per-diem rates for long-term inpatient stays. Based on this Contracting Officer’s prior experience in professional services and hospital claim processing, I’ve determined that the anticipated cost to the Government will be fair and reasonable. The Local contracting office will monitor pricing through submitted invoices, and in consultation of the Program Office, verify that services provided continue to be the best value for the Government.

8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (See Part 10) AND RESULTS:

The local contracting office has not conducted extensive market research due to an ongoing request to the Field Acquisition Office (FAO) for the award of a Comprehensive Medical Services Contract. Market research for this contract action was not conducted based on the urgent and compelling need to maintain the existing medical services to support the operations of FCI Mendota.

9. OTHER FACTS SUPPORTING THE USE OF OTHER TAN FULL AND OPEN COMPETITION:

Catastrophic contracts are very rare from the local contracting office, and are only awarded when specific episodes of care have a total aggregate cost estimated to exceed $35,000.

10. LISTING OF SOURCES EXPRESSED, IF ANY, IN WRITING, AN INTEREST IN THE ACQUISITION:

There are no other known sources available that would be able to meet the licensing, security and privilege requirements while providing the service timely in the manner required by the Government.

11. ACTION TAKEN, IF ANY, TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION:

The acquisition of these services is necessary pending the award of a comprehensive medical services contract. The requirement was competed and offers are being analyzed by FAO. Once the new contract is awarded, further justifications for other than full and open competition will no longer be necessary.

12. CONTRACTING OFFICER CERTIFICATION THAT THE JUSTIFICATION IS ACCURATE AND COMPLETE:

In accordance with FAR 6.303-2(12), I certify that the justification is accurate and complete to the best of my knowledge and belief. The estimated price listed is deemed fair, reasonable, and advantageous to the government based on prior purchases and submitted quotes.

This request is for approval by awarding Contracting Officers as defined in P4100.06, Part 6, and in accordance with Part. 6.304(a).

Contract Specialist Date

04-21-2021