P03_JOFOC_36C259-21-AP-0360_for CNH Benefis Hospitals INC_Redacted.pdf

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification >SAT-$7M under FAR13.5

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 5 Original Date: 08/30/17 Revision 02 Date: 08/04/2020

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C259-21-AP-0360, CNH Benefis Senior Services, Montana VA Health Care System

RPOW JOFOC Acquisition Plan Action ID:

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 19 (NCO19), 6162 South Willow Drive, Greenwood Village, CO 80111. This action is funded by a 1358.

Therefore, there is no associated 2237.

2. Organizational Activity: Department of Veterans Affairs, VISN 19, Montana VA Health Care System, 3687 Veterans Drive, Fort Harrison, MT 59636.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for the establishment of an IDC utilizing procedures in accordance with 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 does not fall within FAR Part 8 Required Sources of Supplies and Services, therefore the procedures associated with limited sources justification will not be utilized.

3. Nature and/or Description of the Action Being Processed: This procurement is for the establishment of a sole source Firm-Fixed Price Indefinite Delivery Contract (IDC) for community nursing home (CNH) services for the Montana VA Health Care system to Benefis Senior Services, located in Great Falls, MT. This will be a 5-year IDC (60 Months). The period of performance will be 1 September 2021 through 31 August 2026.

4. Description of Supplies/Services Required to Meet the Agency’s Needs: The CNH will provide all facilities and services to support short and long-term care for Veterans. These services include rehabilitation, nursing, and clinical care in accordance with the performance work statement. The current contract 36C25919D0066 expires on 31 August 2021. Benefis Senior Services has met all requirements under VA policy/directive established by the Office of Geriatrics and Extended Care.

Additionally, they are certified under Centers for Medicare and Medicaid Services (CMS) and licensed by the State of Montana. The total estimated value of this contract is The total estimated value of this contract is , and the estimated value of the 52.217-8 option, if exercised, would be .

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 5

5. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute as FAR 6.302-5;

( ) (6) National Security per by FAR 6.302-6;

( ) (7) Public Interest per by FAR 6.302-7;

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by restricting competition on this procurement via FAR 13.106-1(b)(2).

6. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition

Requires the Use of the Authority Cited Above (applicability of authority): Currently, there are four (4) Veterans being treated and housed at the Benefis Senior Services facility under an existing IDC. Benefis Senior Services nursing home facility meets VA standards for quality of care to provide care and treatment to Veterans. They have consistently provided quality care to our Veterans. In accordance with FAR 6.302-1, this requirement for community nursing homes services will be sole sourced to Benefis Senior Services facility. In addition, as stated in paragraph 6 below, no responses were received from any potential offerors regarding the sources sought notice issued for this procurement. The Veteran at this facility cannot be moved without causing a disruption in the continuity of care and undue stress to both the Veteran and family. The relocating of Veteran is not in accordance with VA policy/directive established by the Office of Geriatrics and Extended Care.

7. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A source sought was posted on 4 November 2020 and closed on 13 November 2020. No responses were received from any potential offerors regarding the sources sought notice. A search of the Medicare Nursing Home Compare website https://www.medicare.gov/nursinghomecompare/search.html resulted in 3 Community Nursing Home within the zip code of 59405, where the current CNH is located. The VA Vendor Information Page (Vet Biz) was used to determine if potential offerors exist who would be able to provide the services required. However, the site failed to produce any results for Great Falls, MT. The VA CNH Program Coordinator should review the Medicare.gov Nursing Home Compare scores of any new Community Nursing homes that are to be considered potential participates for a VA contract. These new

PM Part 813.5 SAP for Certain Commercial Items Page 3 of 5 thresholds are based on the Medicare Nursing Home Compare scores. While some VA CNH Medical Centers may opt to conduct these inspections. The current COVID-19 pandemic has seen a number of CNH’s impacted by the virus and has caused limited visits to these facilities. In accordance with the VHA Office of Community Care Field Guidebook, a new CNH participant would be eligible for a VA contract without a waiver if they have a: 3-5 overall Star Rating, Overall Rating of 2 Stars and a 4-5 Quality Measures Star rating. As part of the acquisition process, a CNH must provide a current state license, insurance and a copy of the state inspection. These documents are provided to the CNH Program coordinator for review and evaluation. The CNH Review Team will review all the documents, and the Medicare Nursing Home Compare scores. Upon review , the CNH Coordinator will either provide a recommendation to contract or request a waiver from the VISN to contract with the CNH. A redacted J&A will be posted on Contract Opportunities.

8. Determination by the Contracting Officer (CO) that the Anticipated Cost to the Government will be Fair and Reasonable: The Medicaid rates are used as the basis for pricing the CNH contracts. The Medicaid rates are established by each state based on national average. The VA Geriatrics and Extended Care Office through the VHA PM and VA pulse publishes an annual maximum allowable percentage that are applied to each RUGS IV category. The RUGS IV category identify the different levels of treatment. The add-on percentages are added to the basic Medicaid rate then applied to each RUGS IV category. The Medicaid rate and the VA add-on percentage make up the per diem rate paid for each Veteran. The line item structure will illustrate the different RUGS IV category and the add- on percentage and the total per diem rate for each level of care. After conducting research on the current Medicaid and RUGS IV rates, the CO will evaluate the Offeror’s rate to determine if the price per diem rates are fair and reasonable. If not, the Government will negotiate a change in the rate based on the allowable add-on percentage established by the Office of Geriatrics and Extended Care. The add-on percentages do not change through the life of the contract.

9. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: As described in Section 6 above, a search of the Medicare Nursing Home Compare website https://www.medicare.gov/nursinghomecompare/search.html resulted in three (3) community nursing homes within the zip code of 59405 of Great Falls, MT where the current CNH is located. A sources sought was posted on 4 November 2020 and closed on 13 November 2020. No responses were received from the sources sought notice. The VA’s Vendor Information Page (Vet Biz) was used to determine if any potential Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) offerors exist for this requirement. However, the site failed to produce any results for Great Falls, MT. The results of the market research showed there is no other CNH that expressed interest. Based on the CNH program requirements, the Veterans preference is taken into consideration when selecting a CNH. The CNH selection is based on the Veterans’ needs, proximity to home/residence and family. The VA CNH Program Coordinator is responsible for conducting market research. The CNH Coordinator will review the Medicare Nursing Home Compare score to determine if the CNH is eligible for a contract without a waiver. The current contract 36C25919D0066 expires on 31 August 2021.