P03 - JOFOC - YMCA Fitness Program 6-21-2021 - Redacted.pdf

OFOC SOP Revision 11 Page 1 of 7 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

Other Than Full and Open Competition (OFOC) Sole Source Justification

DEPARTMENT OF VETERANS AFFAIRS

JUSTIFICATION AND APPROVAL (J&A)

OTHER THAN FULL AND OPEN COMPETITION (>SAT)

ACQUISITION PLAN ACTION ID: 36C248-21-AP-1598

1. Contracting Activity

Department of Veterans Affairs VISN 08, Network Contracting Office 8 (NCO - 8) James A. Haley, VA Medical Center 8875 Hidden River Parkway Tampa, FL 33637

2237 No.: 673-21-1-030-0009

ESTIMATED GRAND TOTAL AMOUNT: $731,000.00.

2. Nature and/or Description of the Action Being Processed:

The James A Haley Veterans Administration Medical Center (VAMC) has instituted a Whole Health Service Program within the James A. Haley Veterans Hospital in support of veterans. James A. Haley VAMC is teaming with the Whole Health Community Partnership to offer Whole Health Fitness Modalities to our Veterans. The purpose of this requirement is to provide memberships to access fitness centers and fitness programs for Veterans serviced across all the counties served by James A. Haley.

The counties included are the Hillsborough County and adjacent counties such as Pasco, Polk, Citrus, and Hernando counties. This contractual action will be awarded as a new contract on contract No.

36C24821D0076. The type of contract planned is a firm-fixed-price Requirements Type contract.

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

Contractor shall provide access to fitness centers and fitness classes/services that provide Veterans tailored fitness center membership classes from the date of issuance for up to a ninety-day (90) period.

The classes shall be available for a minimum of (2) two or more classes per week. The ninety-day membership classes shall have the capability to provide Veterans with a variety of whole health well-being programs. The class instruction courses shall include, at a minimum, but not all inclusive: Yoga, Pilates, Tai Chi, Chair Yoga, Weight Management, Aquatics Programs, Martial Arts, Group Exercise, and Active Older Adult Programs. The Contractor shall provide a VA programming schedule to all Veteran members identifying locations of the contractor’s fitness centers that provide the various available fitness classes.

The total estimated annual value for the base year and each of the option years is listed in the below chart. The estimated grand total value of this contract is $731,000.00 for the base and four option years.

The grand total period of performance will be from 01 JUL 2021 to 30 JUN 2026. The estimated quantity for the base year is 800 memberships and 900 memberships for each of the four option years.

The estimated quantity of 800 memberships for base year is less than the estimated quantity of 900

OFOC SOP Revision 11 Page 2 of 7

Revision 11 Date: 02/11/2021 memberships for each of the four option years because the base year will be the startup year. The Tampa VA Whole Health Section anticipates it will take a little longer for the veterans they service to become aware of this fitness program and register for memberships. See below chart for details:

ITEM

NO.

DESCRIPTION OF

SUPPLIES/SERVICES

EST

QTY U/I UNIT

PRICE

TOTAL

AMOUNT

Fitness Center - Whole Health Class Passes 3-month term per pass, Contract Period: Base POP Begin: 07-01-2021 POP End: 06-30-2022

EA

Gym whole health class passes 3-month term per pass Contract Period: Option 1 POP Begin: 07-01-2022 POP End: 06-30-

EA

Gym whole health class passes 3-month term per pass Contract Period: Option 2 POP Begin: 07-01-2023 POP End: 06-30-

EA

Gym whole health class passes 3-month term per pass Contract Period: Option 3 POP Begin: 07-01-2024 POP End: 06-30-

EA

Gym whole health class passes 3-month term per pass Contract Period: Option 4 POP Begin: 07-01-2025 POP End: 06-30-

EA

GRAND

TOTAL $731,000.00

Currently there is a National Memorandum of Agreement (MOA), between the Veterans Health Administration (VHA) and the Young Men’s Christian Association of the United States of America (YMCA-USA), Dated 01/01/2019, expires 09/30/2022. See Attachment 1. There is also a local Tampa Memorandum of Agreement (MOA), between the James A Haley Veterans Administration Medical Center (JAHVAMC) and the Tampa Metropolitan Young Men’s Christian Association (TAMPA YMCA), not dated, with a three-year expiration period. See Attachment 2.

4. Statutory Authority Permitting Other than Full and Open Competition:

( ) (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

(X) (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;

OFOC SOP Revision 11 Page 3 of 7

Revision 11 Date: 02/11/2021

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

The Statutory Authority permitting Other Than Full and Open Competition is “Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5. Both the attached National VHA MOA and the local Tampa James A. Haley VA Medical Center (JAHMC) MOA’s sets forth a structure in which both entities will work in a mutually beneficial manner to promote and enhance the health and well-being of Veterans, as well as their families, caregivers, and survivors in support of their life-long whole health.

The Department of Veterans Affairs (VA) is committed to expanding current agreements and partnerships to provide services and support to reach more Veterans and their family members.

Historically, the VA and YMCA-USA have worked together to support the health and well-being of Veterans and their families in local communities and across the nation. The VA has the authority to coordinate the provision of VA benefits and services (and information about such benefits and services) with appropriate programs (and information about such programs) conducted by private entities such as YMCA-USA, under 38 U.S.C 523. This statute would authorize that the acquisition be made through another agency or specified source as stated in FAR 6.302-5(a) (2).

VHA and YMCA-USA have a shared goal to work in a mutually beneficial manner to promote and enhance the health and well-being of Veterans and their families throughout their lives and focus on their whole health. The Parties aim to achieve such enhancements by tapping into well-established YMCA- USA and VHA national programs using a variety of partnership ideas and services that may be adapted from the national programs for local implementation. The objectives will be accomplished through developing and strengthening collaborations among VHA, Vet Centers, and YMCAs at the local level to improve the biopsychosocial welfare of Veterans across the lifespan. This partnership will be mutually beneficial as the Parties work together through a set of objectives to achieve this goal. The MOA’s set forth a framework of intent and cooperation between the Parties to achieve the required fitness objectives.

VHA is committed to pursuing public-private partnerships and other community partners to identify new and innovative ways to support VA's mission to fulfill President Lincoln's promise, "to care for him who shall have borne the battle and for his widow, and his orphan" by serving and honoring the men and women who are America's Veterans in accordance with Federal law. The Secretary of VA has identified four priorities to advance this mission: (1) Customer Service; (2) Business transformation; (3) Electronic health record management; and (4) MISSION Act Implementation. The Department has identified these priorities throughout the Veterans Benefits Administration, Veterans Health Administration, National Cemetery Administration, Staff Offices, and constituent specific offices. To meet large scale and complex challenges requiring cross-sector solutions and collaboration, VHA engages in public-private partnerships that leverage the full range of our Nation's talent, ingenuity, and commitment to action. It is VHA's policy to develop and maintain responsible and productive partnerships with non-governmental organizations. These partnerships not only further the Department's mission and priorities, but also build capacity and create platforms for sharing resources to better serve Veterans, their families, caregivers, OFOC SOP Revision 11 Page 4 of 7

Revision 11 Date: 02/11/2021 survivors, and other beneficiaries. Enhancing strategic partnerships is an important component of VHA's strategic direction.

The YMCA-USA is a 501(c)(3) nonprofit organization that is committed to strengthening community through youth development, healthy living, and social responsibility. The Y movement, which consists of the independent and autonomous member associations of YMCA-USA (hereinafter local YMCAs), serve 22 million people in 10,000 communities and spreads across all 50 states, plus the District of Columbia and Puerto Rico. The YMCA- USA commits to the following:

1. Support and encourage, to the extent authorized by law, local YMCAs to engage VHA national offices and medical facilities to enter into agreements to provide programming and services targeting the Veteran population, particularly in the areas of Veterans benefits, socialization, and promoting a healthy lifestyle and Veterans' overall whole health.

2. Support and encourage, to the extent authorized by law, local YMCAs to share information, resources and physical space (i.e., meeting rooms, informational kiosks) with VHA. These space and resource sharing efforts may include outreach events, as well as providing Veterans with access to clinical and benefits services outside of a VHA facility.

3. Support and encourage, to the extent authorized by law, local YMCAs to intentionally integrate Veterans and their families into the YMCAs' socialization activities, volunteering opportunities, and mentoring opportunities.

4. Support and encourage local YMCAs to track and report annually, on Y-USA partnership activities and programs with regards to Veterans served, best practices, and success stories within networks and between organizations.

The Tampa Metropolitan YMCA has a unique ability to meet the Department of Veterans Affairs and the James A. Haley VA Medical Center’s (JAHVAMC ) initiatives like Blueprint for Excellence and strategic plan goals. These goals are met by empowering veterans and their families to improve their health and well-being through healthy lifestyle behaviors such as weight management, being physically active, not smoking, strengthening collaboration within the local community and service organizations such as the Tampa YMCA. This community program with the Tampa YMCA will help the JAHVAMC achieve the goals of improving the lives of veterans, service members, and their families.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

This fitness program requirement was originally award on a previous Tampa NCO 8 Blanket Purchase Agreement (BPA) 36C24818A0016. This was a five-year BPA that was not renewed at the end of the FY-20 option period because of the COVID 19 restrictions and because the prime SDVOSB contractor did not pay the subcontracted Tampa YMCA for YMCA fitness membership services. This BPA was originally set aside and awarded to an SDVOSB contractor by the Tampa Commodities Group as a commodities type purchase. The VA Tampa Whole Heath Department decided to pursue another fitness membership contract due to the above non-payment reason.

The Tampa Commodities Group initially received this fitness program requirement to purchase another commodities BPA. The commodities buyer initially conducted market research and issued a pre-

OFOC SOP Revision 11 Page 5 of 7

Revision 11 Date: 02/11/2021 solicitation notice, 36C24821Q0443 and did not receive any responses. The commodities buyer was also going to issue a Request for Quotation (RFQ) but was instructed to transfer this requirement to the Tampa Services Team to process as a service requirement. This was transferred to the services team because the Tampa YMCA was not just providing memberships and fitness centers, they were also providing and conducting fitness classes, aquatic programs, weight management, and strength conditioning classes. The Tampa Services Contracting Officer (CO), then conducted market research and found out through the FPDS search, that NCO 4 Contracting currently had a BPA with the Lebanon Valley, PA YMCA. The Tampa Services CO obtained a copy of the attached National MOA between the VHA and the YMCA-USA. A determination was then made to process a firm fixed requirement contract on a sole source basis authorized and required by statute.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

Contracting Officer has determined that the anticipated cost to the Government will be fair and reasonable. This determination will based on an evaluation and an analysis of Tampa YMCAs published membership prices and fees on their associated website (https://www.tampaymca.org/membership/join-now). The price determination will also be based on a comparison of the Independent Government Cost Estimate (IGCE) to the proposed YMCA membership prices and fees. The membership prices listed on the IGCE was based on the historical pricing on the previous Tampa Blanket Purchase Agreement (BPA) 36C24818A0016. This five-year BPA was not renewed at the end of the option period because the prime SDVOSB contractor did not pay the subcontracted Tampa YMCA for fitness membership services.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

As stated above, market research was initially conducted by the commodities team to find additional sources that could provide the required fitness centers and fitness classes. Market research consisted of collaborating with contracting offices, FPDS searches, VIP searches, collecting historical data usage and current contracts, verifying SAMs registrations, and researching VA policies, directives, strategic goals, and plans. Market research and a pre-solicitaion notice revealed that no other contractors could provide enough fitness centers across all the counties serviced by the JAHVAMC or provide all the fitness classes and programs offered by the Tampa YMCA.

Due to this sole source determination and the YMCA MOAs stated above, the services team conducted additional market research to find previous contracts for the same fitness membership and classes and to search for publicized website prices to help determine the price fair and reasonableness. Market research in the FPDS search site revealed that the NCO 4 Contracting Office currently had a BPA with the Lebanon Valley, PA YMCA which yielded the National MOA which could be used to help determine price fair and reasonableness. The services team CO also searched the Tampa YMCA website for published membership costs and fees to also help determine price fair and reasonableness.

OFOC SOP Revision 11 Page 6 of 7

Revision 11 Date: 02/11/2021

Any Other Facts Supporting the Use of Other than Full and Open Competition:

Initial market research was conducted into other fitness centers in the count es serviced by the JAHVAMC. The search results revealed that all other fitness centers such as LA Fitness, Planet Fitness, and Crunch Fitness did not have fitness centers available in all the surrounding JAHVAMC service counties to include Hillsborough County and adjacent counties; Pasco, Polk, Citrus, and Hernando counties. Search results also revealed that these fitness centers did not have either all the fitness classes or required aquatics programs offered by the Tampa Area YMCA.

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

TAMPA METROPOLITAN AREA YMCA

110 E. Oak Ave Tampa, FL 33602

224-9622

DUNS: 080835556

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:

A Sole Source approval is sought for a base and four option years to reduce the amount of repetitive contract actions required to maintain uninterrupted fitness services in return reducing the burden of working hours and employee costs to contracting and ultimately the requesting customer. No actions have been taken or planned to foster competition for any future acquisition to provide whole health fitness classes and fitness memberships. The reason is because there have been numerous and continuing Memorandum of Agreements (MOA) issued and signed between the Veterans Administration Headquarters and the National YMCA USA as well as the local Tampa YMCA to provide this requested fitness services and fitness centers. The services Contracting Officer does not know how long the MOAs have been continuing and have been re-issued over the years, but does know of a National MOA, dated back to November of 2015 and renewed in October 2019 for an additional 3 years.

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.

Jacquelyn Paykel, MD Date Chief of Service Whole Health Services

Jacquelyn Paykel, MD

6/23/21

OFOC SOP Revision 11 Page 7 of 7

Revision 11 Date: 02/11/2021

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Kim C. Tucker Date Contracting Officer Network Contracting Office 8

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Date

Steven Scharlow Branch Chief, Tampa Services Team Network Contracting Office 8

Attachments:

1. National Memorandum of Understanding (MOU), between the Veterans Health Administration (VHA) and the Young Men’s Christian Association (YMCA-USA), Dated 01/01/2019, expires 09/30/2022.

2. Tampa Memorandum of Understanding (MOU), between the James A Haley Veterans Administration Medical Center (VAMC) and the Tampa Metropolitan Young Men’s Christian Association (YMCA), not dated, three-year expiration period.

KIM C. TUCKER

664934

Digitally signed by KIM C.

TUCKER 664934

Date: 2021.06.23 08:46:12 -04'00'

6/23/2021

Steven P.

Scharlow 739080

Digitally signed by Steven P. Scharlow 739080 Date: 2021.06.23 09:35:50 -04'00'