JOFOC - Oak View Rehabilitation.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C248-21-AP-1148

1. Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service Network 8 (VISN 08), North Florida/South Georgia Veterans Healthcare System (NFSGVHCS), Network Contracting Office 8 (NCO 8).

2. Nature and/or Description of the Action Being Processed: NCO 8 proposes to negotiate a Fixed- Price Indefinite-Delivery Indefinite-Quantity (IDIQ) with economic price adjustment (EPA) contract for a period two (2) months, ten (10) days; utilizing Other than Full and Open Competition procedures in accordance with FAR 6.302-1, VHA Handbook 1143.2, and Public Law (PL) 88-450, PL 106-117 and 38 U.S.C. 1720 for Community Nursing Homes (CNH) services. The period of performance for this contract will be from February 01, 2021 through April 09, 2021 To avoid a disruption in direct patient care, NCO 8 intends to award a contract on a sole source basis to Oak View Rehabilitation, 833 Kingsley Avenue, Orange Park, FL 32073.

3. Description of Supplies/Services : The NFSGVHCS located at 1601 SW Archer Rd., Gainesville, FL 32608 requires Community Nursing Homes (CNH) services as a key component of the Veterans Health Administration (VHA) continuum of care. The Geriatrics and Extended Department at the TVAHCS has a requirement for a contract for Nursing Home services at prices specified in the section titled Schedule of Items of the IDIQ. Nursing home facilities in the CNH program shall cooperate with VA staff in referral of appropriate veterans for care and accept veterans for which they have the capability/capacity to provide care. There are currently twenty-three (23) veterans at the facility, and the current Basic Ordering Agreement (BOA) expires January 31, 2021. ity Nursing Home (CNH) program has allowed personnel at the VA to coordinate with v and to choose where a veteran is placed among the contracted VA Nursing Homes. As prescribed in VHA Handbook 1143.2, the CNH Program has maintained two

(2) : some level of p home and family; and a unique approach to local oversight of CNHs.

This acquisition is being accomplished as a logical follow-on to an existing Basic Ordering Agreement (BOA), VA248-16-A-0014, which expires on January 31, 2021. The estimated award date of the contract is January 29, 2021. The total estimated value for the procurement is $700,000.00. The Chief, Social Work Services/Program Manager has certified that funding is available for this action and will be provided via VA Form 1358.

4. 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;

5. Demonstration that the C Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The Oak View Rehabilitation has a current Center for Medicare and Medicaid Services (CMS) certification, a State Nursing Home License, passed required inspections as a healthcare residency and has the necessary interdisciplinary team and management care. As such, this facility is qualified to provide the required CNH services for twenty-three (23) veterans already placed in this facility. Placement of these veterans in a different Nursing Home could interfere with quality of care and will not be beneficial for their well-being. This facility, as permitted by VHA Handbook 1143.2, was selected by the veterans and their families as the CNH of choice for healthcare services based on location and level of care. Public Law (PL) 88-450, PL 106-117 and 38 U.S.C. 1720 create the expectation that qualified veterans will receive CNH services in their community. Consideration in using other CNHs for placement of current veterans from this facility indicates prospective CNH will not be ready to take on the additional patients without placing strain on the necessary care. Additionally, the receiving CNH s in-patient processing indicates it would most likely not meet the timeframe required for new admissions; specifically, with regards to additional documentation and procedures required to address COVID-19 concerns. A break in continuity of care to these veterans would prove to be detrimental and negatively impact the quality of life for the aged veterans who require critical assisted services and in a supportive environment. The objective is to meet the healthcare needs and promote maximum wellbeing.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A Notice of Intent to sole source was posted to Beta SAM on January 13, 2021 notifying the public of the Government s intent to award this contract utilizing Other than Full and Open Competition procedures to Oak View Rehabilitation. There was one (1) response received as a result of the notice. The Contracting Officer (CO) reviewed the contractor s website, discussed with the contractor and determined that the products and services provided by the contractor are not applicable to Community Nursing Home Services. Contractor was in agreement.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer (CO) will determine price reasonableness in accordance with FAR 15.404-1 (b)(2)(ii), Comparison of the proposed price to historical prices paid. In addition, the VHA Geriatrics and Extended Care CNH Program, CNH Rate Guide for Medicaid Rate serves as base with Resource Utilization Groups, version IV (RUG-IV) Case-Mix Levels for FY 2021 is applicable to this procurement. The information will also be used to validate price reasonableness. The information is considered procurement sensitive. This procurement does not require certified cost or pricing data, however, other than certified cost or pricing data will be requested should the CO determine the proposed price to be unreasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research conducted on June 11, 2019 revealed that there was not a reasonable expectation of receiving proposals from two (2) or more SDVOSBs, VOSBs or small businesses that could provide the service. The addendum to the market research report dated January 5, 2021 validates that the information in the market research report dated June 11, 2019 is still current, accurate, and relevant to the procurement. There are currently no known mandatory or other government sources capable of providing community nursing home services.

Current market research conducted on the Vendor Information Pages, Beta SAMs and Google search engine yielded the same results. A search was conducted on the Vendor Information Pages, utilizing NAICS code 623110 and Key Words Nursing Care Facilities . The search was restricted to the State of Florida. Although the search yielded three (3) potential sources, a review of the capability statements for each source confirmed that none of the sources were capable of providing the required service. This procurement is critical to the continuity of providing nursing home care services to veterans that currently reside in the facility. It was determined that there were no other nursing homes(s) in a geographically convenient area near the veteran(s) family. The contractor is currently and has in the past successfully provided services to these veterans, is knowledgeable of VA procedures and requirements. A change in environment would be emotionally and mentally disruptive to their wellbeing as well as, to their families and caregivers.

A search of Avante at Inverness using the Medicare.gov Nursing Home Compare website generated a report which shows the facility had an above average overall rating based on health inspections, nursing home staffing and quality measures. This report includes nursing home demographics including beds, resident percentage occupied, resident councils, ownership type and reported deficiencies. In addition to evaluation of community nursing homes, this report is also used to locate future procurements within the local area. The website www.ahca.myflorida.com was used to determine the daily Medicaid reimbursement per diem rates. A query into the National Center for Veterans Analysis and Statistics www.va.gov/vetdata revealed that the VA Veteran Population Projection Model, VA Geographic Distribution of Expenditures, VA Annual Benefits Report, U.S.

Census Bureau, and American Community Survey have not been updated since the initial market research report. The information contained within these pages is still current, accurate and relevant.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The NFSGVHCS is not equipped to provide the service; however, this service is critical to the mission. The NFSGVHCS has determined that there were no other nursing homes in a geographically convenient area near the veteran(s) family. The contractor is currently and has in the past successfully provided services to these veterans and is knowledgeable of VA procedures and requirements. A change in environment would be emotionally and mentally disruptive to their well-being as well as, to their families and caregivers.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: This procurement is critical to the continuity of providing nursing home care services to veterans that currently reside in the facility. There were no capable sources that expressed interest in providing services for this contract through issuance of the Notice of Intent to sole source on January 13, 2021 via Beta SAM.

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: There are no other viable options for removing existing barriers to competition for this acquisition at this time. However, on January 15, 2021, NCO-8 published solicitation number 36C24820R0045 utilizing Full and Open Competition procedures for Nursing Home services. Issuance of the solicitation will aid in eliminating any barriers to competition within the geographical area of the NFSGVHCS.

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.