C01 JnA-final-Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C252-24-AP-1296

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 Jesse Brown VA Medical Center (JBVAMC) and the Edward Hines, Jr. VA Hospital, Hines, Illinois (Hines VAH).

Nature and/or Description of the Action Being Processed: Justification and approval for a new follow-on contract for residential placement and supportive services under the Health Care for Homeless Veterans Contracted Emergency Residential Services (CERS) Program. The CERS Program has been developed by the Department of Veterans Affairs to aid in ending Veteran homelessness. These services are required for beneficiaries of the JBVAMC and the Hines VAH, on a sole source basis to a certified Veteran-Owned Small Business (VOSB), A Safe Haven, LLC (ASH). This procurement will be conducted in accordance with FAR 12 and

Award will be a firm-fixed (unit) price Indefinite Delivery, Indefinite Quantity contract.

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, three meals per day and snacks, free laundry facilities, health and personal hygiene products, medications, supportive/case management services, substance use disorder treatment services, education services regarding community/independent living skills, and transportation services.

The performance period will be October 1, 2024 through S tember 30, 2029.

Statutory Authority Permitting Other than Full and Open Competition:

( x ) (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;

( ) (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;

The Contracting Office and facility CORs have previously, and are continuously, trying to identify potential competition, but have been unsuccessful thus far. These efforts include issuing several Sources Sought Notices/Requests for Information for durations of six months or longer. Prior to soliciting, the Contracting Office has always issued Intent to Sole Source Notices. The CORs are involved with Continuums of Care for the homeless in their communities and are always asking other community providers of their capability and interest in working with the Government. These efforts too, have been unsuccessful to date.

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

The anticipated cost of the contract will be fair and reasonable based on historical and current market prices for VISN 12 and U.S. national data for other CERS Programs. The CO will use this information to assist in negotiating a fair and reasonable price. If necessary, the CO will ask for a breakdown of how the bed night of care rate was determined. Certified cost and pricing data is not required.

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, VA Acquisition Regulation (VAAR) 810.001-70 Market Research Policy, and PPM 2016-05 (Revised Aug 2019), market research has been conducted for this acquisition. Market research included queries of the VA’s VIP Database, the SBA’s Veteran Small Business Certification site as well as the Small Business Dynamic Search tool, GSA e-Library, personal knowledge, review of historical market research reports and other acquisition data, VA Supply Chain Master Catalogue, and a CERS Capability Questionnaire.

a) Query of the Vendor Information Pages (VIP) Database resulted in A Safe Haven, LLC

b) Verification at Veteran Small Business Certification resulted in A Safe Haven, LLC being certified.

c) GSA and Supply Chain Master Catalog searches did not identify any organizations within the Illinois service area.

d) Historical market research reports and other acquisition data did not identify any vendors other than the incumbant.

Furthermore, as described in Section 6 above, market research was conducted by synopsis of the proposed acquisition, advising industry of the pending sole source acquisition and soliciting inquiries from interested parties capable of providing CERS. None of the vendors that responded to the Intent to Sole Source Notice are capable of meeting the requirements of VA CERS Program.

Based on this market research, the VA’s “Rule of Two” has not been met. The Contracting Officer does not have a reasonable expectation that two or more veteran-owned small businesses will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States. Furthermore, the Contracting Officer does not have a reasonable expectation that two or more small or large businesses will submit offers. The incumbent, A Safe Haven, LLC; a veteran-owned small business, is the only known vendor that meets all requirements of the VA’s HCHV CERS Program.

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

a. Based on the CORs’experience with this population of veterans, the veterans are unwilling to leave their local area, even for additional support.

b. This contract is the most utilized CERS contract in VISN 12. On any given night, ASH provides housing to approximately , who, without this contract, may end up homeless again.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None other than those mentioned in Section 6 above.

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:

None other than to conduct market research again using the same methodologies as stated herein.

Consider the possibility of posting another Sources Sought Notice to the Contract Opportunities website for an extended period of time.

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.

Jesse Brown Veterans Affairs Medical Center

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

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

Contracting Officer Great Lakes Acquisition Center

Network Contracting Office (NCO) 12

b. CONTRACTING OFFICER’S SUPERVISOR:

Branch Chief Medical Sharing Team Network Contracting Office (NCO) 12

c. Recommend Approval / Disapproval

Director of Contracting

NCO 12

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Executive Director, Regional Procurement Office (RPO) Central Head of Contracting Activity