36C25620C0037-001.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

1. Contracting Activity: Department of Veterans Affairs, SAO Central, Network Contracting Office 16, Medical Sharing Team A.

Requirement processed for Department of Veterans Affairs, VISN 16, Station 564, Veterans Health Care System of the Ozarks Medical Center located in Fayetteville, Arkansas.

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

The Justification and Approval is required to issue a contract on an urgency basis to assure no disruption to inpatient hemodialysis and related services at The Veterans Health Care System of the Ozarks (hereinafter VHSO), Fayetteville, Arkansas. This new short-term contract will assure patient care while a new three-year (base period plus two one-year options) can be awarded on a competitive (small business set aside) basis. This bridge contract will enable inpatient hemodialysis services to continue during the acquisition process. Without this contract Veteran care would be adversely affected.

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

The Veterans Health Care System of the Ozarks (VHSO) Medical Center, Fayetteville, Arkansas, has a requirement to furnish hemodialysis and related services to inpatient beneficiaries. The contractor shall provide all necessary equipment, personnel, dialysis-specific supplies, and supervision to perform inpatient hemodialysis treatments at the Veterans Health Care System of the Ozarks (VHSO), 1100 North College Avenue, Fayetteville, Arkansas. This includes all inpatient hemodialysis needs, both acute and/or chronic. The NAICS code for this procurement is 621492, Hemodialysis centers and Clinics with a small business size standard of $38.5 million. The performance period for this bridge contract is December 1, 2019 through November 30, 2020. The estimated value for this period is $ .00.

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;

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

The current bridge contract 36C25618D0108 was awarded on June 1, 2018 to Doctor Shamsul Alam.

The current contractor’s System for Award Management (SAM) registration is in the name of “Alam, Shamsul” (hereinafter Dr. Alam). VHSO does not have the capability to provide this service. In early 2015 a Business Plan was developed and approved to bring dialysis in house and hire the appropriate number of support staff (Nurses, Techs) and purchase the equipment so that by April 2016 an inpatient contract would no longer be needed at the Veterans Health Care System of the Ozarks Hospital. In August 2015, the current contract awarded to Dr. Alam on October 1, 2010 was extended to cover the time-period for the equipment to be purchased and staff to be hired to provide coverage through March 31, 2016. It was determined by VISN leadership that under Congressional guidelines under the Veterans Choice Act we could not start new programs at this facility. Although dialysis equipment was purchased, the RN staff and training required to support the program was never authorized or completed. As of September 2019, the equipment was transferred to another VA facility due to non-use at VA of the Ozarks. This circumstance led to another 6-month emergency contract requirement

Hemodialysis services are highly specialized and Dr. Alam has been providing inpatient dialysis services since 2010. Additionally, VHSO would not experience any delays in fulfilling the requirements due to the credentialing/privileging time lags, security documentation, fingerprinting, orientation and the mandatory training requirements that would add months on to the contract start date. Dr. Alam’s firm has been performing the dialysis treatments in an acceptable manner and continues to be the only firm known to perform the dialysis treatment requirements in the local area. He has the equipment at this facility. He and his providers can be credentialed for an additional year. Dr. Alam has the current capability to provide these vital services with a minimal lapse in coverage. There is insufficient time to compete this action but at this time Dr. Alam is the only known source in the Fayetteville Arkansas area capable and willing to supply these services.

Lack of hemodialysis services would be disrupted and have a negative effect on Veteran’s healthcare. If services are not procured on an urgent basis from Dr. Alam, then there will be a lapse in services that will result in undue harm to inpatients serviced by VHSO. Therefore, in the interest of providing continued patient care to Veterans in the Fayetteville VAMC approval of a contract is needed while the new contract is being solicited and awarded. If service cannot be established by December 1, 2019 there will be patients who will no longer have access to hemodialysis services. This could potentially be life threatening to some veterans. The one year time period is the minimum period of performance necessary to allow for the new three year contract or an interim contract to be awarded.

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

The current contractor, Dr. Alam, a small business is the only known firm capable of providing these services by December 1, 2019.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

Contracting Officer determines that the anticipated cost to the government will be fair and reasonable in that the pricing methodology used will be the same as the current contract that was negotiated and already determined to be fair and reasonable.

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

Market research disclosed no other local source for these services. No other firm has been identified that is capable and willing to perform these services in the Fayetteville, Arkansas area by December 1, 2019. The previous Contracting Office Representative has phoned/contacted local companies in the area and all companies contacted were ither unwilling to deal with VA or did not provide the services needed.

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

A new short-term one year contract is due to the urgency and time constraints of our current situation because we were unable to hire the staff required to perform the inpatient dialysis because it was considered a “new program” and therefore denied by Senior Leadership. Although dialysis equipment was purchased, the RN staff and training required to support the program was never authorized or completed. As of September 2019, the equipment was transferred to another VA facility. The VHSO proposal for inpatient dialysis has still not received approval from VISN 16.

There is not enough contracting time left upon this transfer to complete all the requirements for a Medical Sharing contract in a timely manner. Only one responsible source is capable of providing these services. Hemodialysis services are highly specialized. The current contractor is the only know firm capable of providing the services required by December 1, 2019.

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

There are no other firms who have expressed an interest in providing dialysis treatment at this facility to meet this urgent and compelling requirement by December 1, 2019. The only know firm who has an interest and is capable is the current contractor: Alam, Shamsul, 2100 SW Nottingham Avenue, Bentonville, AR 72712-7804.

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:

A new Procurement Package is currently being constructed for the new Long Term Contract (1 Year

Plus 3 Option Years). This Short Term Contract will allow proper time to Solicit for the Long Term

Contract while ensuring there is no lapse in Patient Care.

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.

Date

Jeremy Caviness Administrative Officer, COR, Medical Service Fayetteville, Arkansas

Jeremy L. Caviness 1628844

Digitally signed by Jeremy L.

Caviness 1628844

Date: 2019.11.21 14:43:53 -06'00'

13. Approvals in accordance with the

a. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Billy Morris Date Contracting Officer

CAVHS

b. Director of Contracting /Designee (Required $150K and above): I certify the justification meets requirements for other than full and open competition.

Aaron Villalpando Date NCO 16 Director of Contracting or Designee

Not Applicable per Pam Magee, SB Liason