JA for Other Than Full and Open _Veterans Crisis Line redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL)

Strategic Acquisition Center (SAC) 10300 Spotsylvania Ave, Suite 400

Fredericksburg, VA 22408

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(1) Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for Other Than Full and Open Competition."

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center (SAC), on behalf of the Department of Veterans Affairs (VA), Veterans Crisis Line (VCL).

(2) Nature and/or description of the action being approved.

This proposed action is for a sole source Firm Fixed-Price (FFP) follow-on contract with Mental Health Association-New York City (MHA- NYC), doing business as Vibrant, 50 Broadway FL 19, New York, NY 10004, a non-profit organization. This procurement is for the acquisition of multiple services from MHA-NYC for the Department of Veterans Affairs, Veterans Health Administration, and Veterans Crisis Line (VCL).

The services to be acquired from MHA-NYC include the following: routing of calls from the National Suicide Prevention Lifeline (NSPL) to VCL, training the Spanish Speaking NSPL network responders to be symmetric with the VCL responder training, for calls that are not answered by VCL's responders, and temporary management of the VCL chat services technology infrastructure. The period of performance includes a Twelve (12)- month base period with Four (4) Twelve (12) month options periods, and a 6-month option for the FAR Subpart 52.217-8 -- Option to Extend Services clause.

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The Department of Veterans Affairs (VA) is responsible for providing high quality and timely commodities and services for our Veterans and their families. To ensure Veterans have immediate access to trained crisis intervention responders, the VA has established a 24-hour, Veterans Crisis Line, Text, and Chat Service.

By establishing these services, the VA ensures that Veterans, particularly the newest generation of combat Veterans returning from combat zones, have immediate and accessible crisis intervention services.

The VCL is a 24/7/365, national, toll-free, confidential resource that connects Veterans who are in crisis and/or having thoughts of suicide with qualified, caring VA responders. The VCL is connected to the National Suicide Prevention Lifeline (NSPL).

Calls to the NSPL from Veterans are routed to the VCL.

Strategic Acquisition Center (SAC)

Currently, Veterans who call the NSPL number (1-800-273-8255, now 988) are invited to press "1" to be routed to the VCL. As to such calls by Veterans to NSPL that are "routed" to VCL via the Veteran pressing 1, such routing is referred to below as "front-end routing." Once the call is routed to VCL, VA staff (at the VCL) provide crisis intervention services and refer the caller to the closest Veterans Health Administration Facility Suicide Prevention Coordinator for engagement in local care, as needed. In the event, VCL operations are compromised and VCL responders are not able to take said calls those same calls will be redirected to the contractor’s lifeline centers (i.e., pull those calls back) referred to below as “back-end routing”. The contractor is the only source that can reroute those calls on the “back-end” if issues should arise, which presently is MHA-NYC. The anticipated value of this contract is $18,997,141.22.

(4) An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

(5) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

In 2016 Congress granted the Substance Abuse and Mental Health Services Administration (SAMHSA), which is part of the Department of Health and Human Services (HHS), authority and funding to maintain a suicide prevention hotline to link callers to local emergency, mental health, and social services resources. (21st Century Cures Act, P.L. 114-255, Title IX, Sec. 9005.) The same law required SAMHSA to consult with the Secretary of Veterans Affairs to ensure that Veterans calling the suicide prevention hotline have access to a specialized Veterans’ suicide prevention hotline. (Sec. 9005(b)(3)).

In September 2021 SAMHSA provided Mental Health – NYC a grant and a cooperative agreement to maintain the National Suicide Prevention Lifeline and Disaster Distress Helpline. The Veterans Crisis Line falls under that grant due to the Congressional mandate for SAMHSA to ensure Veterans calling the suicide prevention hotline have access to a specialized Veterans’ suicide prevention hotline.

Strategic Acquisition Center (SAC)

MHA-NYC has been the sole contractor authorized to perform routing of calls from the NSPL number to the VCL since 2004. MHA-NYC also manages the back-end routing of calls back to the SAMHSA’s lifeline centers, which ensures the smoothest and safest technical mechanism for providing the required services and minimizes the possibility for technical errors and system failures. Therefore, it would be in the Governments best interest, to award a sole source contract between the Department of Veterans Affairs and MHA-NYC.

Further, on September 1, 2021, SAMHSA awarded MHA-NYC a five-year grant as the sole administrator of the NSPL. The project period runs from October 30, 2021, through October 29, 2026. As the sole grantee of SAMHSA, to administer the NSPL, which also is referred to as "The Lifeline," i n e v i t a b l y m a k e s MHA- NYC the only contractor legally authorized to perform the front and back-end routing services required to administer the NSPL and therefore, the only responsible source that can technically satisfy VA needs.

(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

There is no competition anticipated for this acquisition, due to the fact, that the administration of NSPL can only be legally performed by SAMHSA's designee (MHA- NYC). Therefore, there is no reasonable expectation that market research would yield any additional sources that are legally authorized to meet the Government's requirement (front and back-end routing) for the Veteran Crisis Line. This J&A will be synopsized on SAM.gov in accordance with FAR 5.201.

(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

In accordance with FAR 15.404-1(b)(2), the Government may use various price analysis techniques to ensure a fair and reasonable price before making any award.

(8) A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

Market research was not conducted. MHA-NYC, as SAMHSA's sole designee, is the only entity recognized by HHS and SAMHSA to use, manage, and monitor the recognized national suicide numbers to include the NSPL. The VA has confirmed with SAMHSA that no other entity has authority to manage front-end and back-end routing through the NSPL and its network.

Strategic Acquisition Center (SAC)

(9) Any other facts supporting the use of other than full and open competition.

Performance Work Statements that do not require the use of NSPL cannot be developed. A cost to duplicate the services provided by MHA-NYC cannot be provided since other organizations do not have authorization to manage and monitor the front and back-end routing that is recognized by the national suicide numbers to include the NSPL, as MHA-NYC is the sole designee by SAMHSA.

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

No other sources are legally allowed to provide this service.

(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

At this time there are no other actions that can be taken to increase competition. MHA- NYC, as SAMHSA's sole designee, is the only entity recognized by HHS and SAMHSA to use, manage, and monitor the recognized national suicide numbers to include the NSPL.

(12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer ’s knowledge and belief.

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature: _________________________________ Date: _3/27/2024_

Rodney Burgos Cabassa Contracting Officer Strategic Acquisition Center

Strategic Acquisition Center (SAC)

For acquisitions over $15M not exceeding $75M

Approval

Based on the foregoing justification, I hereby approve this acquisition on an “other than full and open competition” basis pursuant to the statutory authority cited in paragraph four above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition. As this action exceeds $75M, the certification below required by FAR 6.304 serves as approval.

Signature: _________________________________ Date: ____________

Christopher D. Parker Associate Executive Director, Strategic Acquisition Center, and Acting Associate Executive Director, National Acquisition Center

VACOParkeC10 Typewritten Text 4/4/2024