C01 - Approved SSJA - CERS ASH.pdf

DEPARTMENT OF VETERAN AFFAIRS

Justification and Approval for Other Than Full and Open Competition

Acquisition Plan Action ID: 36C252-20-AP-2828

1. Contracting Activity: Department of Veterans Affairs, NCO 12 Great Lakes Acquisition Center, 115 S. 84th

Street, Suite 101, Milwaukee Wisconsin, on behalf of the Jesse Brown VA Medical Center (JB VAMC), Clement J. Zablocki VA Medical Center (Milwaukee VAMC), and the Edward Hines Jr. VA Hospital, Hines, IL (Hines VAH). This is a Justification for Other Than Full and Open Competition. Purchase request numbers: TBD.

2. Nature and/or Description of the Action Being Processed: Justification and approval for a new contract for for residential placement and supportive services under the Health Care for Homeless Veterans Contracted Emergency Residential Services (CERS) Program. This program has been developed by the Department of Veterans Affairs to aid in ending Veteran homelessness. These services are provided for beneficiaries of the Jesse Brown VAMC, Milwaukee VAMC, Hines VAH, on a sole source basis to a verified Veteran-Owned Small Business, A Safe Haven, LLC (ASH). Award will be a firm-fixed (unit) price Indefinite Delivery, Indefinite Quantity contract.

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

Contractor is required to provide or have arrangements/relationships with subcontractors or community organizations in place to provide the following services: room and board, 24/7 on-site staff, 3 meals per day and snacks, free laundry facilities, health and personal hygiene products, medications, supportive/case management services, substance use disorder treatment services, education regarding community living skills, and transportation services.

The period of performance will be for four months from 01 June 2020 through 30 September 2020.

The estimated value of the contract is $577,690.00.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S. Code §

8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000.

( ) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( X ) 819.7008 Sole source awards to a verified veteran-owned small business

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

This authority allows sole source awards to VOSBs based on 38 U.S.C. 8127(c) and this VOSB concern has been determined to be a responsible source with respect to performance and the Contracting Officer has ensured that the business meets eligibility requirements in VAAR 819.7003.

In accordance with FAR 6.302-5(c)(2)(ii), the contract will be awarded using the authority which was supported by written justification as described in FAR 6.303 and approval as described in FAR 6.304.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as Deemed Practicable:

Market Research was conducted and no responsible SDVOSB concern was identified. Additionally, an Intent to Sole Source Notice was posted to the Contract Opportunities website on March 23, 2020. The Intent to Sole Source (36C25220Q0376) identified the basic requirements of the Government under the Contracted Emergency Residential Services Program indicated the Government’s intent to establish a contract on a sole source basis. The Notice requested any vendor that believed it could provide the required services to indicate such and to provide support documentation including but not limited to a description of services offered, pictures of facility, insurance certification, and an estimated daily per diem rate. No responses were received from any vendor by the requested date of March 23, 2020, or as of the date of this justification. Another Intent to Sole Source (36C25220Q0567) was posted on May 27, 2020, requesting the same information to be indicated and provided by May 28, 2020, and again no responses were received.

It is the Contracting Officer’s business determination to make a sole source award under the authority of 38 U.S.C. 8127(c).

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

Reasonable:

The anticipated cost of the contract will be fair and reasonable. The unit price has recently increased due to the COVID-19 national pandemic, but is still within the price range of other VISN 12 CERS vendors.

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

In accordance with FAR Part 10, Market Research was conducted. A VetBiz search in VIP using NAICS code 624229 resulted in 56 SDVOSB/VOSBs, but only two businesses are in Illinois. None of the businesses identified perform Contracted Emergency Residential Services.

A Small Business Dynamic Search (SBDS) using NAICS code 624229 and Illinois was performed resulting in 35 potential vendors. After closer review, only the incumbent, A Safe Haven LLC, was determined to be the only vendor that provides Contracted Emergency Residential Services.

In summary, market research efforts did not locate any vendors in Illinois other than the incumbent, A Safe Haven, LLC that would be able to meet the needs of the Government. Additionally, A Safe Haven, LLC met the eligibility criteria outlined in VAAR 819.7003; it is verified in VIP and the action is below the $5M threshold.

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

None. Utilizing the authority under 38 U.S.C. 8127(c).

10. Listing of Sources that Expressed, in Writing, an interest in the Acquisition: None.

11. A Statement of the Actions, if any, the Agency may Take to Remove or Overcome any Barriers to Competition before Making, Subsequent Acquisition for the Supplies or Services Required:

None other than to conduct market research again and consider the possibility of posting a Sources Sought Notice to FBO.

https://www.va.gov/oal/docs/business/pps/deviationVCFP_20160725.pdf

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veteran 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.

Tracy Emmanuel Supervisory Social Worker, Social Work Service Jesse Brown VA Medical Center

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

BECKY CINCOTTA

NCO12 - Contracting Officer

b. Medical Sharing Branch Chief: I certify the justification meets requirements for other than full and open competition.

PATRICE R. BOND

NCO12 – Medical Sharing Branch Chief

5/28/2020