C01 - J_A Posting to Cont Opp_Redacted 02.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: To Be Determined

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 12 Great Lakes Acquisition Center, 115 S. 84th Street, Suite 101, Milwaukee Wisconsin, on behalf of the Edward Hines Jr.

VA Hospital, Hines, IL (Hines VAH). This is a Justification for Other Than Full and Open Competition.

2. Nature and/or Description of the Action Being Processed: Justification and approval for a new five-year sole source contract for Contracted Residential Services (CRS) for beneficiaries of the Hines VAH, in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions of FAR Part 6, but still require a justification using the format of FAR 6.303-2. The contract will be awarded to Hope for Tomorrow Inc., 479 N. Lake Street, Aurora, IL 60506. Award will be a fixed (unit) price Indefinite Delivery, Indefinite Quantity contract.

3. Description of 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 performance period will be 01 February 2023 through 31 January 2028.

4. Statutory Authority Permitting Other than Full and Open Competition: FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(X) Only One Responsible Source and No Other Supplies or Services will Satisfy Agency Requirements

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above: Hope for Tomorrow Inc. is the only vendor in Kane County, IL capable of providing the required services under the VA CRS Program and that meets all VA requirements. Hope for Tomorrow is licensed by the State of Illinois and has met all federal, state, and local regulatory requirements for the operation of this program. Hope for Tomorrow also has sufficient staff in numbers and positions to carry out the policies and responsibilities of the VA CRS program. Hope for Tomorrow staff members involved with the VA CRS program are certified in CPR and First Aid, including use of an Automated External Defibrillator (AED), and trained to integrate Harm Reduction model and principles in care plans.

Hope for Tomorrow – Opportunity House facility conforms to local and state licensing standards for residential “board and care” type occupancies as well as the standards in the general chapters of the latest edition of the Life Safety Code and National Fire Protection Association (NFPA) Standard No. 101.

6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as Deemed Practicable: Market Research was conducted by the Contracting Officer’s Representative (COR), Contract Specialist, and the Contracting Officer. These results are listed in the Description of the Market Research Conducted in paragraph 8. An Intent to Sole Source was posted to Contract Opportunities from December 21, 2022 through January 5, 2023. No potential vendors were identified.

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 CO will compare the quoted price with historical prices paid accounting for differing terms and conditions, quantities, and market and economic factors; pricing obtained via market research for the same or similar services; and with the Independent Government Cost Estimate.

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. On December 21, 2022, a search of VIP using the NAICS 624229, geographic Illinois, and keywords “housing & residential services” produced 11 potential vendors. Only is able to meet all HCHV CRS Program requirements, but it is currently under a VA contract for another HCHV CRS Program and is not in the target area of Kane County.

On January 3, 2023, a search using NAICS 624229 & geographic Illinois, key words “transitional housing” produced no vendors. Another search was conducted using key words “housing & residential services” with geographic Illinois and NAICS 624229 also produced no vendors.

On January 5, 2023, a search of GSA e-library using the NAICS 624229 returned one vendor - United Veterans Beacon House (in New York) with contract GS-02F-062CA expiring August 23, 2025. This organization does not have any presence in Illinois, and the FSS Terms and Conditions state that services are provided at the contractor’s facilities.

The COR at Hines VAH sent an email to many knowledgeable individuals in the industry, specifically community providers in the Kane County Continuum of Care. No responses were received.

The Contracting Officer posted an Intent to Sole Source to Contract Opportunities on December 21, 2022, asking for other vendors that perform these services to respond with supporting documentation by January 5, 2023. Four (4) responses were received by that date; however, none of them meet all of the requirements for the VA CRS Program.

In summary, market research efforts did not locate any vendors in Kane County, IL other than the incumbent, Hope for Tomorrow Inc that would be able to meet the needs of the Government. The VA’s “Rule of Two” has not been met.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The VA “Rule of Two” does not apply to this procurement because it is non-competitive, and because a minimum of two VOSBs that could meet this requirement was not met.

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: Conduct market research using the same methodologies as stated herein. Consider the possibility of posting another Sources Sought Notice to Contract Opportunities for an extended period of time.