Justification for Other than Full and Open Competition_Redacted.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-2335

1. Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service Network 8 (VISN

08), Network Contracting Office 8 (NCO 8). Purchase request number 675-21-2-2242-0001 is applicable to this procurement.

2. Nature and/or Description of the Action Being Processed: NCO 8 proposes to enter into a Firm- Fixed Price contract with NeuroRestorative Carbondale, 306 W. Mill Street, Carbondale, IL 62901- 2727 for a period of twenty-four (24) months, utilizing Other Than Full and Open Competition procedures in accordance with VA Directive 1663, 38 U.S.C. 1710E Traumatic Brain Injury: Use of Non-Department Facilities for Rehabilitation, FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. This acquisition is being accomplished as a logical follow-on to an existing contract, 3C24825918C0242, which expires on March 25, 2021.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Orlando Veterans

Affairs Health Care System (OVAHCS) located at 13800 Veterans Way Orlando, FL 32827 requires Traumatic Brain Injury (TBI) Residential Rehabilitation services in support of an eligible beneficiary of Veteran Health Affairs (VHA). The contractor shall provide professional and technical services to include labor, materials, supplies, equipment and qualified supervision necessary to maintain qualified staff and facilities to meet the Performance Work Statement (PWS) requirements throughout the life of the contract for one (1) Veteran. The contractor will provide services from both licensed professional staff and life skill therapists to include physical, occupational, speech and counseling/behavioral services as appropriate for the Veteran’s level of care needs. Services provided shall be in accordance with code of ethics of the appropriate profession to include a comprehensive/individualized approach focusing on goal-oriented, patient-centered care, and services provided in a home-like setting. Services shall be provided in accordance with Veterans Affairs (VA), OVAHCS, The Joint Commission (TJC) and/or equivalent guidelines. The estimated value for the procurement is $644,818.13. The OVAHCS Fiscal Department has certified that funding is available for this action and that funding will be provided via VA Form 2237. The period of performance for this contract will be from March 26, 2021 through March 25, 2023.

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 Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): NeuroRestorative Carbondale, has a multidisciplinary team of staff and consortium providers offering services in a variety of settings. NeuroRestorative Carbondale facilitates neurorecovery, promotes independence, quality living and establishes outcome-driven goals and objectives for the Veteran. NeuroRestorative Carbondale presently provides the required service under expiring contract 3C24825918C0242 and has the necessary personnel with approved credentialing and privileges to provide the specialized service. NeuroRestorative Carbondale has the capability to continue services without interruption or cessation of healthcare which is critical to meeting the needs of the Veteran.

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 March 31, 2021 notifying the public of the Governments intent to award this contract under Other than Full and Open Competition procedures to NeuroRestorative Carbondale. There were no sources that expressed interest in this requirement.

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 13.106(a)(2)(i), and 13.106-3(a)(2)(vi). Reference attachment one (1) for the supporting documentation to validate price reasonableness which is considered procurement sensitive information. This procurement does not require certified cost or pricing data, technical evaluations and/or audits. 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 revealed that there was not a reasonable expectation of receiving quotes from two (2) or more SDVOSBs, VOSBs or small businesses that could provide the service. The services are currently being provided under contract 3C24825918C0242 accomplished by NCO 19 personnel. Extensive market research was conducted by contacting numerous facilities within the state of Colorado and Florida. Each facility was contacted individually to confirm capacity, capability and willingness to manage the needs of this particular patient. The facilities declined the Veteran for admission as they could not meet his inpatient transitional living needs. Market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. Current market research conducted on the Vendor Information Pages, GSA-Elibrary, contract directory and Google search engine yielded the same results.

Although there are businesses capable of providing the service, a determination has been made by clinical staff that it will not be in the best interest of the Veteran to be transferred to another facility due to his unique healthcare needs.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The OVAHCS has a Veteran with a TBI that is being transferred from VISN 19 to VISN 8 and requires long-term TBI rehabilitation care. NeuroRestorative Carbondale was chosen because it was the only facility willing to accept the Veteran. The OVAHCS is not equipped to provide the level of service required by this patient; however, the service is critical to the mission. Award to another contractor/facility would not be in the best interest of the Veteran or the Government and would require costly relocation of the patient. OVAHCS is requesting a contract for twenty-four (24) months as an interim measure to