Westmoreland JA--.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

1. Contracting Activity: Department of Veterans Affairs, NCO 04, VA Pittsburgh Healthcare System

(VAPHS), Contracting Office (90C-A), 1010 Delafied Rd., Pittsburgh, PA 15212, under purchase request 646-21-1-483-0001.

2. Nature and/or Description of the Action Being Processed: Justification for Other Than Full and Open Competition (OTFOC) applies to a twelve (12) month base contract that will provide for continuation of critical Community Based Outpatient Clinic (CBOC) Services to meet the needs of Veteran beneficiaries of the VAPHS in Westmoreland County, PA, while a long term contract is being procured. The long term contract will not be completed on time due to the amount of time necessary for reviews to be completed, solicitation, and clinic build-out once the long term contract is awarded. The anticipated award date for the long term contract is on or around February 1, 2021.

The Government anticipates award of a new fixed price Indefinite Delivery/Indefinite Quantity (IDIQ) interim contract. This interim contract must be awarded no later than October 1, 2020 to ensure there is no break in services.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This solicitation is for a CBOC for providing primary care services in a private clinic environment to Veterans primarily residing in Westmoreland County, PA. The Parent Facility for this CBOC is the VAPHS. The Contractor shall provide a community-based outpatient clinic solely dedicated to Veterans. Primary care services will provide a continuum of care from prevention to diagnosis and treatment, to appropriate referral and follow-up. Those patients needing specialty or follow-up care shall be referred to VAPHS. The CBOC must have the necessary professional medical staff, diagnostic testing and treatment capability, and referral arrangements needed to ensure continuity of health care. Primary services include longitudinal outpatient medical care for the purposes of prevention and detection of disease and subsequent management of medical conditions, for Veterans deemed eligible. The care will be provided by primary care providers who may be general practitioners or general internists of their authorized designees. The CBOC, at a minimum, shall provide one standard of care that must be consistent, safe and of high quality. Additionally, the CBOC is expected to comply with all relevant VA policies and procedures, including those related to quality, patient safety and performance. The CBOC must be poised to respond quickly to VA policy and procedure changes. If requested or required by either the government or Contractor, Contractor work will work closely with the Contracting Officer and COR to modify the contract expeditiously, in order to limit the impact on the clinic’s Veterans and ensure consistency with the care provided by the Vas other primary care clinics. The care provided by the CBOC should be patient centered, continuous, accessible, coordinated, and consistent with VAPHS standards. The estimated value for the twelve (12) month contract period is $4,518,915.00.

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

(X) (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 ( ) (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): VAPHS is in the process of awarding a long-term contract for CBOC services in Westmoreland County. This solicitation and build-out of a new clinical facility is expected to take longer than the amount of months left on the current contract period. As a result, a short-term solution is required to be implemented so that these critical services for the Veteran beneficiaries can continue without interruption. VAPHS leadership has determined that a contract must be in place at all times to ensure that proper patient care is provided. This short-term solution represents the best viable option to maintain continuity of services at the CBOC location; it is for these reasons that there is only one responsible source.

Award of this interim contract will be made to the incumbent Contractor who currently provides CBOC services in accordance with The Joint Commission (TJC) standards. The incumbent Contractor is in a unique position in that they are the only one capable of preventing unacceptable delays in care. In fact, any break in service by a CBOC could be life threatening to a Veteran. The incumbent is also the only Contractor with the specialized knowledge capable of providing this continuation of services, as new Contractors will require 120 days minimum for start-up due to the complexity of the work performed and the possibility of future restrictions and delays caused nationally by the current health pandemic.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: It was determined that conducting a competitive procurement for this short-term interim period would result in a disruption of these critical services for Veterans due to the time and resources required to implement services with a new Contractor. The current Contractor, Valor Healthcare, already has the physical clinical facilities established and required staff credentialed in operations providing medical care to Veterans. To change Contractors during this interim time period would require the existing facility and service to shut down while a different Contractor establishes a new location and service, and then possibly change again when the long-term contract is awarded. This would be extremely disruptive to the continuity of care currently provided and frustrating to Veterans to have a clinic location continually shifting around. Therefore, it is not practicable to solicit offers from any sources other than the incumbent.

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

Reasonable: The Contracting Officer will determine that the anticipated cost to be fair and reasonable based on current contract pricing which is expected to remain consistent during the 12 month contract period. The estimated price for the twelve (12) month base is $4,518,915.

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

Market Research Was Not Conducted: Market research was not conducted for this short term, however market research for the upcoming long-term contract has been conducted and will be included as part of this package.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are approximately 6,650 Veterans in Westmoreland County who rely on the county CBOC for their medical care. The current Contractor has been providing the service at these locations for the last seven (7) years, and has the systems and processes established for Veteran eligibility, electronic patient records, diagnostic requests, invoicing, and other requirements to meet VA standards of care. Changing Contractors at this short notice will take months for a new Contractor to establish these processes after they are able to identify a physical location and modify it to meet TJC, OIG, and VA standards of care for Veterans. It would be a disservice to the Veterans whose medical care would be disrupted forcing them to travel long distances to other VA facilities (some of whom cannot drive themselves), change doctors, and/or delay their healthcare altogether while waiting for a new Contractor to establish its facility and processes necessary to provide care.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: This procurement is a sole source with the incumbent.

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: A competitive solicitation is being completed for CBOC services in Westmoreland County and this will be open to all vendors capable of providing the service. This will remove all barriers to competition.

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.

_____________________________ __6/17/20_______________ Jocelyn Connelly Date CBOC Business Manager

VAPHS

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.

Brandi Shellhammer Date Contracting Officer

NC04

JOCELYN

connelly 165410

Digitally signed by JOCELYN connelly 165410 Date: 2020.06.17 15:39:01 -04'00'

Brandi L Shellhammer 204720

Digitally signed by Brandi L Shellhammer 204720 Date: 2020.06.17 15:45:40 -04'00'

b. One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition.

Mark Knorr Date

Branch Chief Medical 1 Contracting Officer

NC04