P03 NCHAV JA - final.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Sole Source Justification Format >SAT

36C24E-22-AP-0330

Rev: 13 Effective Date: 02/01/22 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:___________36C24E-22-AP-0330________________________________

1. Contracting Activity:

The Department of Veterans Affairs, VA Homeless Programs Office, National Center on Homelessness among Veterans will establish a contract with the academic affiliate, University of Texas Health Science Center at Houston also known as UTHealth Houston.

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

A new contract will be established for the VA Homeless Programs, National Center on Homelessness among Veterans (NCHAV). In 2016 through legislative authority under section 713 of the Jeff Miller and Richard Blumenthal Health Care and Benefits Improvement Act, Public Law 114-315, the center was designated with a specific mission and areas for veteran homeless support. NCHAV operates within an integrated organizational model, comprised of the following cores: Model Development and Implementation, Policy and Program Integration, Education and Dissemination, and Research and Methodology. Support through section 713 of the Public Law specifically states “The VA shall establish and operate the National Center on Homelessness Among Veterans, which shall: (1) carry out research on veteran homelessness; (2) assess the effectiveness of VA homelessness programs; (3) identify and disseminate best practices with regard to housing stabilization, income support, employment assistance, and community partnerships; (4) integrate evidence-based and best practices, policies, and programs into VA programs; and (5) serve as a resource center.”

A firm-fixed price Requirements type contract is planned for this acquisition.

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

To carry out the first step in the NCHAV’s mission, this contract will be established to conduct professional and scientific services, based on various levels of academic expertise, and will be conducted under 38 U.S.C 8153 for specialized research services with an affiliate university. This requirements contract will be implemented with a base period of one year and four one-year options for professional and scientific services performed by the affiliate, UTHealth Houston. The NCHAV conducts research in four key areas: population-based studies, physical and mental health, functioning and flourishing, and program evaluation. When a need arises for a specific project or there is a need for scientific analysis, a task order will be issued with specific details for required services and the expected deliverables.

The estimated contract value for the base (year) and four one-year options is $5,000,000.00. That figure could increase or decrease depending on congressional appropriations designated to the VA

Effective Date: 02/01/22 Page 2 of 4

Homeless Programs Office. Due to the unknown extent and time of need, a Requirements type contract is being implemented.

Yearly IGCE breakdown:

Projected Periods Estimated Costs Base Period: 9/1/2022-8/31/2023 $500,000.00 Option Period 1: 9/1/2023-8/31/2024 $750,000.00 Option Period 2: 9/1/2024-8/31/2025 $1,000,000.00 Option Period 3: 9/1/2025-8/31/2026 $1,250,000.00 Option Period 4: 9/1/2026-8/31/2027 $1,500,000.00

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;

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

Because this contractor is an academic affiliate of the Veterans Health Administration and the services needed are professional and scientific research services, Statute 38 U.S.C 8153 is being used.

In accordance with 38 U.S.C. 8153 (a)(3)(A): “If the healthcare resource required is a commercial service, the use of medical equipment or space, or research, and is to be acquired from an institution affiliated with the Department in accordance with section 7302 of this title, including medical practice groups and other entities associated with affiliated institutions, blood banks, organ banks, or research centers, the Secretary may make arrangements for acquisition of the resource without regard to any law or regulation, including any Executive order, circular, or other administrative policy that would otherwise require the use of competitive procedure for acquiring the resource.”

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

Use of 38 U.S.C. 8153 does not require competition when the requirement is for research services from an academic affiliate of the Veterans Health Administration. UTHealth Houston’s current academic affiliation has been verified by the contracting officer (CO).

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

Reasonable:

The price will be determined fair and reasonable by the CO through an analysis of the following information (including but not limited to): the contractor’s submission of a schedule of costs for the

Effective Date: 02/01/22 Page 3 of 4 firm fixed price line items (CLINs) and not-to-exceed (CLINs), based on reportable costs that will be included on all invoices submitted. The schedule received will be compared with current and previous contracts that are similar in scope; may be compared against the Consumer Price Index and the Department of Labor Statistics, or any other available information that the CO determines appropriate to make the determination. As a FAR 15 sole source procurement, the CO will negotiate as necessary to ensure that the contract awarded is fair and reasonable, and in the best interest of the Government.

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

Market Research Was Not Conducted:

Under 38 U.S.C. 8153, a sole source contract with academic affiliate UTHealth Houston for research service is planned. The specialized professional and scientific collaborative nature of this requirement is not something that is found in the general marketplace which is why the VA estabilishes these affiliations for advancement of Veteran care. Use of this statute for research services does not require the use of competitive procedures, thus eliminating the need for market research.

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

n/a

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

UTHealth Houston is the VHA academic affiliate of choice under 38. U.S.C. 8153

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:

Given the unique nature of this requirement and the collaborative nature of the professional and scientific specialities involved in this research work, services must be met through the sole source provisions of FAR Subpart 6.302-5 (2) (i) which states that Full and Open Competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. No other actions are planned as UTHealth Houston is the academic affiliate of choice for the NCHAV.

Effective Date: 02/01/22 Page 4 of 4

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.

Erika S. Barr, BS Date Administrative Officer Homeless Programs Office National Center on Homelessness among Veterans

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.

Paula Stankovic Contract Officer RPO East

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.

Pamela Rayburg Procurement Analyst

RPO East

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

Joseph P. Maletta Executive Director Regional Procurement Office - East VHA Head of Contracting Activity (HCA) https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx