J_A_Exercise_52.217-8_6-Mo_Extension_Redacted.pdf

www.cms.gov/apps/physician-fee-schedule, for each of the CLINs’ Medicare Code, i.e. 95800, 95805, 95808, 95810 and 95811, respectfully. CLINs 5003, 5005, 5007 and 5009 include Medicare Codes 95805, 95808, 95810 and 95811 at half the rate of their respective preceding CLIN for the same Medicare Code. These CLINs and rates apply when the intended procedure could not be completed in cases such as patient awakening or refusal to continue participation in the sleep study.

The RJD VAMC’s estimated requirements quantities for the above CLINs for this extension are:

5001 (95800) 10 5004 (95808) 90 5007 (95810) 10 5002 (95805) 8 5005 (95808) 10 5008 (95811) 30 5003 (95805) 8 5006 (95810) 225 5009 (95811) 10

These quantities are reasonably estimated based on approximately half of the previous option period quantities and considers recent ordered quantities.

IV. Statutory authority permitting other than full and open competition: FAR 6.302-2, Unusual and Compelling Urgency.

The Government requirement for extended services is considered an unusual and compelling urgency as stated in this document. The above referenced extension is necessary due to delays encountered during the preparations to solicit for a replacement contract action, or actions, for the same services. Delays encountered involve better definition of the Government requirements, definition of evaluation factors and quality assurance measures. Additional delays encountered are market research for the type of services required. Delay in the award of this contract modification would result in the RJD VAMC being unable to provide necessary sleep disorder diagnosis and treatment services to the eligible VA beneficiaries, causing serious injury to the Government and VA beneficiaries.

As referenced above, the current contract was awarded under competitive procedures under FAR Subparts 12 and 13, the total dollar value being $1,882,141.15 for all performance periods and estimated quantities, and to $2,062,285.92 with this modification action.

In order the meet the sleep study services needs of the RJD VAMC, this modification to extend the services is determined to be within the scope of the contract to provide the services as stated above and within the terms and conditions of the original contract.

The Government requires services of contractor personnel who are currently security-vetted, credentialed and in good standing in terms of vetting, credentialing and who have necessary RJD VAMC electronic systems access. The process to achieve vetting, credentialing and access limits the availability of contractors who can provide the services on a continued basis without interruption of services provision.

Due to the limitations and delays experienced in developing, soliciting and awarding a replacement contract extension of this contract is the only method available to the Government to continue to adequately provide sleep study services to the veteran populations in the Wichita, Kansas and surrounding areas, and there is no other avenue available to satisfy this requirement.

V. Demonstration that the contractor’s unique qualifications or the nature of the acquisition requires the use of the authority cited above.

Based on the customer’s requirements for the services of this contract, the extension of 6 months for services by the incumbent contractor, PM Sleep Lab, LLC, is capable of providing the services needed during this period of performance at the total estimated cost to the Government of $180,144.77, which utilizes the prices stated above, the pricing – based on Medicare Indexes and adjusted according to agreed “Plus %” and half-rates as indicated above and adjusted under conditions identified in the appropriate contract Economic Price Adjustment clause, FAR 52.216-4 , having been found fair and reasonable at the time of award and as changed during the course of the contract in accordance with the terms of the contract.

The incumbent contractor will continue to provide the services to the RJD VAMC in support of its need for the continued capabilities to provide the services.

There is no reasonable anticipation that any other sleep study company can provide the services for a small duration of time considering the requirement for contractors to provide personnel who are security-vetted technicians in-place at the time of services performance needs. The process of vetting contractor personnel typically exceeds 2 months to complete, under normal circumstances, and there is no known avenue for expedited vetting. In addition to security vetting, contractor personnel are also required to RJD VAMC Medical Professional Board approval, known as credentialing, which takes less time than vetting, but normally exceeds 1 month to complete.

VI. Description of efforts made to ensure that offers were solicited from as many potential sources as practicable, including publicizing the action as required by FAR Subpart 5.2.

This contracting action is synopsized in accordance with FAR 6.305(b).

VII. Determination by the Contracting Officer that the anticipated costs to the Government are fair and reasonable.

In accordance with FAR Clause 52.217-8, the continued services will be within the limits and at the rates specified in the contract – agreed fixed-price factors (Plus % (+ or -)) applied to the current adjusting index rates per CPT Code as published by Centers for Medicare & Medicaid Services (CMS). The current contract, competed as a 100% Small Business Set Aside as stated above, with all performance periods priced upfront using the fixed-price factor and subject to adjustments according to changed CMS adjusting indices, ends September 29, 2020. At the time of the original award, the pricing having been found fair and reasonable by the awarding Contracting Officer, and the market research of this extension period indicating that the existing contracted services are more readily available to the Government than could be provided outside of the current contractual agreement and, by existence of the vetted and credentialed contractor personnel, pricing, services access and provision, and all other requirements of the terms and conditions, is fair and reasonable and in the best interest of the Government.

As described in Section VII. above, the pre-priced fixed-price factors as applied to the current CMS adjusting indices is the pricing utilized for this extension under FAR 52.217-8 at the same limits and rates in the previous option.

VIII. Description of the market research conducted and the results, or statement of the reasons market research was not conducted.

Market research was not conducted for this action. Market research is not practicable considering the above stated requirement for contractor personnel vetting and credentialing that takes longer than the Government can consider being without the necessary services.

IX. Any other factors supporting the use of Other Than Full and Open Competition.

The use of other than full and open competition for this action is required because it is not operationally feasible to solicit competition. It is not possible to continue the Government’s mission to provide sleep studies or care for sleep disorders without the sole source modification of the existing contract under FAR 52.217-8. The final period of performance under this contract is 6 months, expiring on March 30,2021. No other contractual method to procure the services is in place for this period of performance.

This action will satisfy existing Government needs.

X. List of sources that expressed, in writing, an interest in the acquisition.

No sources were sought for this extension period, as stated above.

XI. 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 services herein.

This sole source extension is a temporary measure required to the extent necessary for continued services by the Government to provide services to the RJD VAMC beneficiaries. The actions to be taken during this extension period include RJD VAMC development of a new Government requirement for services, evaluation factors and quality assurance measures. There are no known remaining barriers.

XII. Certification by the Contracting Officer.

As evidenced by my signature below, I have determined this document to be both accurate and complete to the best of my knowledge and belief. (FAR 6.303-2(b)(12))

Michael Cumins Contracting Officer

Michael S.

Cumins 189209

Digitally signed by Michael S. Cumins 189209 Date: 2020.09.28 11:16:28 -05'00'