VA251-14-A-0068-P00007001.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>$150K)

Acquisition Plan Action ID: VA251-14-A-0068 Hope Network

1. Contracting Activity: Network 10 Contracting Office (NCO 10), 24 Frank Lloyd Wright Dr., Suite

M2200, Ann Arbor, MI. 48105. This acquisition is funded via 1358, and a funded 2237 purchase request it not applicable.

2. Nature and/or Description of the Action Being Processed: The Battle Creek, VA Medical Center

(BCVAMC), 5500 Armstrong Rd., Battle Creek, MI. 49037 has an urgent need for Adult Day Health

Care (ADHC) services located in Grand Rapids, MI. The proposed basic ordering agreement (BOA) will be extended for an additional six months in accordance with FAR 6.302-2, Unusual and

Compelling Urgency.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The BCVAMC has a need for six-months of ADHC services in Grand Rapids, MI for the performance period of October 01, 2019 through March 31, 2020. The estimated cost for the six-month period is $50,000.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-2, Unusual and Compelling Urgency.

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per FAR 6.302-1;

(X) (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 FAR 6.302-5;

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

( ) (7) Public Interest per 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): Hope Network is qualified to provide ADHC services to veterans, as they have provided these services for several years. Hope

Network is the incumbent contractor providing ADHC services in Grand Rapids, MI and the only company with the capacity to provide the space and required services now. This places them in the unique circumstance of being able to provide services immediately upon extension of this agreement.

Due to the recently awarded Community Care Network (CCN) contract, ADHC & CNH agreements will transition from a contract to a Veteran Care Agreement (VCA) on or before March 31, 2020.

Therefore, the current BOA – VA251-14-A-0068 – will be extended to ensure patient care is not disrupted and maintain continuity of care for a short-term period until services are transitioned to a

VCA. There is no statutory, regulatory, or internal policy prohibiting extensions of basic ordering agreements (BOA) for more than five years.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: NCO 10 issued a full and open competitive solicitation – RFQ VA251-14-Q-

0617 – on August 26, 2014. This Adult Day Care expressed an interest in providing services to the beneficiaries of the U.S. Department of Veterans Affairs. No other contractors showed interest. The

Contracting Officer (CO) contacted Hope Network to determine if they would be interested in pursuing a six-month extension for the BCVAMC to maximize continuity of care. Hope Network agreed to support the BCVAMC for the short-term period. An effort to solicit offers from other sources is not practicable based on the information provided in Section 5.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: Agreement rates are negotiated in a fair and reasonable manner. Agreement rates are negotiated to cover an all-inclusive rate using Medicaid rates as a base without going over the established maximum rate, but within the current market value of Adult Day care in the community.

The Contracting Officer will make a determination of fair and reasonable price prior to executing the extension for this procurement.

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

Market Research Was Not Conducted: Due to the urgent and compelling nature of this requirement, no market research was conducted. If it had been conducted, the results would have been similar to the market research conducted for Solicitation No. VA251-14-Q-0617.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no other facts supporting the use of other than full and open competition.

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Hope Network, 1256

Walker Ave NW, Grand Rapids, MI 49504.

10. 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 need for ADHC services has been identified by the Battle Creek, VAMC. A six-month extension under the current BOA is needed until the services are transitioned from a contract to a VCA.

11. 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.

Jody Carr, Program Analyst/COR

Battle Creek, VAMC, Battle Creek, MI.

12. Approvals in accordance with the VHAPM, Volume 6, Chapter VI: 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.

Miriam LeMaitre, Contracting Officer

Network 10 Contracting Office

b. Director of Contracting /Designee (Required over$150K but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Jaime N. Reed, Acting Branch Chief, Healthcare Services Team 2

Network 10 Contracting Office