36C25022D0057_1.docx

SUBJECT*

VISN 10 IN & MI HME 6 Month Bridge

GENERAL INFORMATION

SOLICITATION NUMBER*

BASE NOTICE TYPE

Network Contracting Office 10 8888 Keystone Crossing Suite 1100 Indianapolis IN 46240

POINT OF CONTACT*

Contract Specialist Jeffrey Martin jeffrey.martin8@va.gov

AWARD INFORMATION

MODIFICATION NUMBER

AWARDEE ADDRESS LINE 1*

AWARDEE ADDRESS LINE 2*

AWARDEE ADDRESS LINE 4*

Justification and Approval Notice Justification and Approval Notice

Justification and Approval Notice

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For Other Than Full and Open Competition >SAT)

Acquisition Plan Action ID: 36C250-22-AP-2904

Contracting Activity: Department of Veterans Affairs, VISN 10, Veterans Health Indiana, Station 583, Richard L. Roudebush VA Medical Center, Prosthetics Service submits to the Network Contracting Office (NCO) 10, located at 8888 Keystone Crossing, Suite 1100, Indianapolis, IN, 46240 an urgent and compelling procurement request for Durable Medical Equipment (DME) Services.

Funding for orders against this contract will be provided by Government Purchase Card. Funding for the guaranteed minimum will be provided by

1. Nature and/or Description of the Action Being Processed:

This action will be awarded as a new firm fixed price Bridge Contract for DME Services for six (6) months until a new Long-Term Contract can be put in place.

2. Description of Supplies/Services Required to Meet the Agency’s Needs:

This requirement provides for the storage, delivery, setup, installation repair, and management of Durable Medical Equipment (DME) services, in accordance with Joint Commission (JC) standards for Home-care, to Veteran beneficiaries’ services by Veterans Integrated Service Network (VISN 10). This SOW includes the associated program management, human engineering, and logistics support planning requirements.

VISN 10 IN/MI VA Medical Facilities do not have the present capacity nor full time employee capabilities to provide these services therefore a contract has been sought for the provision of DME and all associated products and services. The Department of Veteran Affairs (VA) Medical Centers in Ann Arbor MI, Battle Creek MI, Detroit MI, Fort Wayne IN, Marion IN, Indianapolis IN and Saginaw MI currently serves an estimated 5,000 DME-using patients.

VISN 10 Prosthetics Service requires DME Services to ensure assigned patients receive physician prescribed DME. DME services require a minimum phase in and phase out of 30 days to effectively transfer implement and provide services. No other supplier could fully transfer, implement, and provide services for a 180 day period of performance, other than the incumbent Vendor for this critical service.

VISN 10 VAMC, Indianapolis/IN & MI DME Name: First Community Care, LLC.

3024 James Savage Road. Midland, MI 48642 Estimated Value:

Period of Performance: April 19, 2022, through October 18, 2022

3. 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 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

(X) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

4. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This is a bridge contract for six (6) months from April 19, 2022, through October 18, 2022, to allow the incumbent vendor to continue providing the services to allow adequate time to solicit and award a long-term contract. The new long-term contract will be acquired through a competitive process using FAR 12/13 procedures. IN & MI DME is an essential service for physician prescribed government owned DME. A break in service would cause an unacceptable impairment in healthcare delivery capabilities and negatively impact the care and quality of life for over 5,000 patients VISN 10 wide. Accordingly, First Community LLC. is the only firm capable of providing the services described in Section 2 above without the Veteran’s Health Administration experiencing an unacceptable break in service for this urgent and compelling requirement.

5. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

There were 10 SDVOSBs concerns and 1 VOSB concern identified through a VIP search for NAICS 621610 with a keyword of DME. In addition, a query of DSBS utilizing NAICS 621610 with the keyword of DME identified 18 small business concerns. The acquisition team is working on a long-term requirement that will be awarded on a competitive basis.

This requirement is a six (6) month bridge contract to allow adequate time to solicit and award a long-term. The contracting officer intends award to the incumbent to avoid a break in service and disruption to patient care.

6. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

Based upon current market research, historical pricing schedules, the current Department of Labor hourly wage rates, and government published inflationary estimates, the Contracting Officer anticipates that the estimated prices for this six (6) month bridging contract will be fair and reasonable. Using a non-commercial service would be too costly to the Government to develop special requirements.

7. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

VIP search using NAICS 621610 and keyword “DME” generated 10 SDVOSB and one VOSB firms. SBA’s Dynamic Small Business Search using NAICS 621610 and keyword “DME” identified 18 small business concerns. Further efforts to satisfy the VA Rule of Two, seek small business participation or investigate other competitive considerations for this bridge would not only prolong delays but will cause extended impairment to patients seeking additional care within an expansive coverage area. The intended awardee is not veteran owned nor are they a small business. However, First Community Care, LLC. is the incumbent and is currently performing in a satisfactory manner. They have the adequate capacity, resources, and skills and are immediately available for the ongoing continuance for these established services. The impending contract will serve as the final “bridge” between the expiring effort and that of the renewal and its expected award NLT October 2022 to which market research is ongoing. Award will be made IAW FAR 6.302-2, Unusual and Compelling Urgency.

8. Any Other Facts Supporting the Use of Other than Full and Open Competition:

None

9. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

First Community Care, LLC

10. 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 IN & MI Durable Medical Equipment (DME) requirement has been an enduring requirement since before 2005 in which the VA has determined contracting these services to be more cost, labor and time effective than performing these services by Government employees. It has been determined by the IPT team that this requirement continues to be a necessary effort for the VISN 10 Prosthetics. Estimated Contract Value (including options): for a six (6) month Bridge Contract.

11. 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.

12. Approvals in accordance with the VHAPM Part 806.3 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.

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

VISN 10 IN & MI HME 6 Month Bridge