36C24220D0088-003.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-20-AP-1200

1. Contracting Activity: Department of Veterans Affairs, NCO 2, Canandaigua VA Medical Center, 400

Fort Hill Avenue, Building 34A, Canandaigua, NY 14424

2. Nature and/or Description of the Action Being Processed: The Northport VA Medical Center, a part of the New York/New Jersey VA Health Care System (VISN 2) currently has a contract with United Veterans Beacon House (GS02F062CA/36C24218F1229) for case management and residential housing services as part of the Health Care for Homeless Veterans (HCHV) program at two locations on Long Island, NY. The contract is designed to serve homeless veterans in need of immediate placement in a safe environment in the community with housing and case management services.

The current contract expires on 03/31/2020. All allowable contract extensions have been exhausted.

A long-term contract was awarded on 02/13/2020 but was subsequently protested with the Government Accountability Office (GAO). In order to avoid a break in critical patient care services, NCO 2 on behalf of the Northport VA Medical Center is requesting a sole source interim contract for the continuation of services pursuant to FAR 6.302-2 - Unusual and Compelling Urgency.

FAR 13.5 Simplified Procedures for Certain Commercial Items: This procurement is for case management and residential housing services as part of the HCHV program at two locations on Long Island 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.

3. Description of Services Required to Meet the Agency’s Needs: The Northport VA Medical Center has a continuing need for case management and residential housing services as part of the HCHV program on Long Island, NY. The interim contract is needed to maintain services for six months (04/01/2020 – 09/30/2020) until the GAO protest can be resolved, dismissed, and/or corrective action taken. The estimated cost for this period of performance (6 months) is $697,081.77. In the event that an additional protest is filed, two, three-month options will also be included. If all options are exercised the total contract length will be 12 months at the estimated total of $1,390,354.35.

The North American Industry Classification System (NAICS) code for this requirement is 624229 – Other Community Housing Services.

4. Statutory Authority Permitting Other than Full and Open Competition:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per FAR 6.302-1;

( X )(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;

FAR 13.5 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 for restricting competition on this procurement via FAR 13.106-1(b)(2).

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): United Veterans Beacon House has been providing case management and residential housing services as part of the HCHV program in the Long Island, NY area for the last 1.5 years under the current contract. Prior to that, United Veterans Beacon House was providing similar services on-site at the Northport VAMC until the building fell into disrepair. The contractor has been performing in accordance with the contract in a satisfactory manner with no breaks in service. United Veterans Beacon House was recently awarded the new, long term contract for services on-site at the Northport VAMC. However, a protest was filed with GAO and services under the new contract cannot begin as planned on 04/01/2020.

Therefore, a new contract is required due to unusual and compelling urgency. Any sort of gap in the continuity of said services would have a detrimental impact on those veterans in this geographic area. This is the only contract for case management and residential housing services for homeless veterans on Long Island. It is therefore necessary to provide continuous services from the incumbent contactor until the protest is resolved.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to the nature of the services required to be performed by the incumbent, based on the reasons outlined above, offers are unable to be solicited from any other source other than the incumbent contractor.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: The cost of the interim, short term contract will be approximately the same as the current contract. The Contracting Officer determined that the anticipated cost to the Government will be fair and reasonable because the cost is consistent with the current contract whereby price was deemed fair and reasonable from full and open competition and price analysis.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Due to the urgent and compelling nature of this requirement, market research was limited in scope. In order to determine the incumbent’s technical capability, the following market research tasks were conducted:

1. SAM Registration was verified

2. Recent and relevant past performance was discussed with the COR to ensure there are no ongoing performance issues.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: This interim, short term contract is required to provide uninterrupted services until the GAO protest can be resolved, dismissed, and/or corrective action taken.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No other sources have expressed written 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 In accordance with 38 USC 8153, a competitive solicitation (36C24219R0109) for a long term contract was posted on FBO.gov in sufficient time to award a new, long term contract. However, there was a pre-award protest (with GAO) and a post-award protest (with GAO) which resulted in all extensions under the current contract being exercised. NCO 2 will continue to monitor the market to ensure sole source requirements are avoided.

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.

Heather Schrader Date Contracting Officer

NCO 2

Text2: 03/20/2020