P03- JFOTFOC_BUNDLED PAYMENT PILOT_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC)

5202 Presidents Ct, Suite 103 Frederick, MD 21703

JUSTIFICATION AND APPROVAL for OTHER THAN FULL AND OPEN

COMPETITION

6.302-5 -- Authorized or required by statute

1. Identification of the agency and the contracting activity.

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), Center for Care and Payment Innovation (CCPI).

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

This activity proposes to negotiate a non-competitive award (sole-source) with Aptive Resources, LLC (System for Award management (SAM) Unique Entity ID (UEID) CP2JANC9NLK), a Service-Disabled Veteran-Owned Small Business (SDVOSB) for the procument of CCPI Bundled Payment Pilot Design and Implementation.

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

The purpose of this contract is to provide contractor support to design, develop, test, and validate a new payment model that bundles payment of services around breast cancer screening and/or treatment in the Veteran community. Work will include project management, strategic planning, exploratory analyses, financial modeling, communications, partner and stakeholder coordination, program monitoring, and impact analysis.

The estimated total contract value (including options) is $ 4,296,461.00. The period of performance (PoP) is one (1) 12-month base period and one (1) 12-month option period.

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)(5) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-5 entitled, “Authorized or required by statute”. The applicable statute is Public Law 109- 461: “Veterans Benefits, Health Care, and Information Technology Act of 2006” specifically, the “Veterans First Contracting Program” outlined in 38 USC § 8127(c).

SOLE SOURCE JUSTIFICATION

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

VAAR 819.7007 states explicitly, “A determination that only one SDVOSB can meet the requirement is not required,” and that using this authority, the following must be verified:

1) The anticipated award price of the contract (including options) will not exceed $5 million:

2) The estimated value, including options, is $4,296,461.00 and does not exceed $5M.

3) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) will be posted in accordance with FAR subpart 5.301(d);

4) The SDVOSB concern has been determined to be a responsible source with respect to performance; and

5) Aptive Resources, LLC is a registered and verified SDVOSB.

6) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government. Historical prices along with market research for similar will assist with making a fair and reasonable price determination prior to award.

7) The Contracting Officer has determined that the use of this authority is in the best interest of the Government based upon the fact that Aptive Resources, LLC is a SDVOSB team that possesses experience in implementing bundled payment programs at Centers for Medicare and Medicaid Services (CMS), expertise in the breast cancer care pathway, and experience in implementing breast cancer-specific bundled payment models at the state level in Tennessee and Ohio. This specific expertise is required to ensure appropriate financial and care modeling, partnering, communication, and program coordination.

Furthermore, the proposed source for this acquisition is Aptive Resources, LLC, a certified SDVOSB that is technically qualified to create a Bundled Payment Pilot Design and Implementation, and has unique capabilities not prevalent in the commercial marketplace.

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.

In accordance with 819.7007(b), the determination to make a sole source award to an SDVOSB is a business decision wholly within the discretion of the contracting officer; therefore, the requirement to ensure that offers are solicited from as many potential sources as practicable is not applicable to this procurement. In addition, 819.7007(c) further authorizes the contracting officer to make the award without first determining that only one SDVOSB source can meet the requirement.

A notice of the proposed action will be synopsized via the Government Point of Entry (GPE) in accordance with FAR Section 5.201, and the agency will make publicly available the justification required by 6.305(a) within 14 days after contract award.

7. Determination of Best Value:

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on a comparison of historical pricing, commercially available price lists, and an Independent Government Cost Estimate (IGCE).

8. Market Research:

Market research was conducted and Aptive Resources, LLC has been determined to be a responsible source with respect to performance. They are registered and certified in VetBiz.gov (VIP) as a SDVOSB under NAICS 541618- Other Management Consulting Services, which is the NAICS code for this requirement and in accordance with (IAW) Public Law 109-461 Section 502 (c), meets the requirements of this statute to sole source to a SDVOSB. In addition, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and Aptive Resources, LLC represented that they are a small business under this NAICS code verified by the Contracting Officer on 5/4/2022.

In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for Aptive Resources, LLC that would indicate defective pricing, instances of contractor fault or recipient not-qualified, terminations for cause, default or material failure to comply, or non-responsibility of the contractor.

9. Other Facts:

The Procuring Contracting Officer has determined that this proposed action meets all the requirements of 38 U.S.C. 8127(c). This acquisition is below the $5,000,000.00 threshold, APTIVE RESOURCES, LLC is a responsible SDVOSB for performance of the services described herein, and the proposed contract can be awarded at a fair and reasonable price.

10. Interested Sources:

APTIVE RESOURCES LLC

421 King ST STE 200 Alexandria, Virginia 22314-3121, United States

UEID: CP2JANC9NLK1

11. Actions to Increase Competition:

All future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive.

12. Technical and Requirements Certification:

I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Clinton Latimer Date Innovations Coordinator Director

Contracting Officer Certification:

Pursuant to (FAR 6.303-2(a)(12)), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Gary Ruc Date Contracting Officer Strategic Acquisition Center (SAC)

Competition Advocate Approval:

In my role as Contracting Activity Competition Advocate, 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 does not exceed $15M, the certification below required by FAR 6.304 serves as approval.

Mr. Efrain Fernandez Date Director/ Competition Advocate Strategic Acquisition Center – Frederick (SAC-F)

5/12/2022 Clinton J.

Latimer 248514

Digitally signed by Clinton J.

Latimer 248514 Date: 2022.05.12 09:13:56 -07'00'

GARY RUC 701536 Digitally signed by GARY RUC 701536 Date: 2022.05.12 12:52:51 -04'00'

Efrain J Fernandez 103610 Digitally signed by Efrain J Fernandez 103610 Date: 2022.05.12 13:36:33 -04'00'