VA251-15-G-0012-P00005001.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

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

Acquisition Plan Action ID: VA251-15-G-0012 Western Michigan University

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 Kalamazoo, MI. The proposed basic ordering agreement (BOA) will be extended for an additional twelve 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 twelve-months of ADHC services in Grand Rapids, MI for the performance period of April 01, 2020 through March 31, 2021. The estimated cost for the twelve-month period is $65,520.

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): Western Michigan University is qualified to provide ADHC services to veterans, as they have provided these services for several years. Western Michigan University is the incumbent contractor providing ADHC services in Kalamazoo, 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 agreements will transition from a contract to Community Care on or before April 01, 2021. Therefore, the current BOA – VA251-15-G-0012 – 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 Community Care.

VHAANNDixonE Highlight

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 VA251-15-Q- 0156 – on February 10, 2015. 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 Western Michigan University to determine if they would be interested in pursuing a twelve-month extension for the BCVAMC to maximize continuity of care.

Western Michigan University 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. VA251-15-Q-0156.

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: Western Michigan University, 1903 W Michigan Ave, Kalamazoo, MI 49008.

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 twelve-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.

Alexander Daniel, Branch Chief, Healthcare Services Team 2 Network 10 Contracting Office