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FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 13, 2015 FBO #4950
DOCUMENT

Q -- IDIQ CONTRACT MODIFICATION: NO COST | Add 2 VBA Regions to Contract | MEDICAL DISABILITY EXAMINATIONS | QTC Medical Services | VA798-11-D-0003 P00024 - Justification and Approval (J&A)

Notice Date

6/11/2015
 

Notice Type

Justification and Approval (J&A)
 

NAICS

621111 — Offices of Physicians (except Mental Health Specialists)
 

Contracting Office

Strategic Acquisition Center - Frederick;Department of Veterans Affairs;321 Ballenger Center Drive, Suite 125;Frederick MD 21703
 

ZIP Code

21703
 

Solicitation Number

na
 

Archive Date

8/10/2015
 

Point of Contact

Stephen Nickles, Contract Specialist
 

E-Mail Address

gic
 

Small Business Set-Aside

N/A
 

Award Number

VA798-11-D-0003
 

Award Date

6/11/2015
 

Description

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION 1. Contracting Activity:Department of Veterans Affairs (VA) Office of Acquisition Operations Strategic Acquisition Center - Frederick (SAC-F) (003B1H) 321 Ballenger Center Drive, Suite 125 Frederick, MD 21703 2. Description of Action: This proposed sole source action is to modify contract # VA798-11-D-0003 awarded to QTC Medical Services, Inc. (QTC) on November 1, 2010 for a total 5-year ceiling value of $1.1 billion. The modification increases the contract value by $10,837,106, which is a 0.9% increase from $1,183,613,000 to $1,194,450,106 in the total contract ceiling value. The contract is for Medical Disability Examinations (MDE) provided by contracted physicians in support of the Veterans Benefits Administration (VBA), Office of Compensation Services. The proposed modification is to increase the number of VA Regional Offices (VAROs) from ten to twelve, adding VAROs located in St. Petersburg, FL and Jackson, MS to the existing VAROs served under the contract. 3. Description of Supplies or Services: The contract is for Medical Disability Examinations (MDE) provided by contracted physicians in support of the Veterans Benefits Administration (VBA), Office of Compensation Services. The proposed modification is to increase the number of VAROs from 10 to 12, adding VAROs located in St. Petersburg, FL and Jackson, MS to the existing VAROs served under the contract. By adding these two VAROs, approximately 11,000 additional disability examinations can be ordered for Veterans served by these two additional regions of the country. Contract VA798-11-D-0003 expires on December 30, 2015. The contract also includes the clause at FAR 52.217-8. Historically, the amount of funding obligated each year has exceeded the amount needed to fund exams for the year. 4. Statutory Authority: The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) as implemented by Federal Acquisition Regulation (FAR) 6.302-1, "Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements." 5. Rationale Supporting Use of Authority Cited Above: VA has been under intense scrutiny for the time it takes to complete the Veterans' claim process. QTC, the incumbent MDE provider, is the only source capable of providing the additional required services while meeting all of the Agency needs. FAR 6.302-1(b)(1)(i) is appropriate when there is a reasonable basis to conclude that the agency's minimum needs can only be satisfied by only one supplier with unique capabilities. The current contractor possesses the unique capabilities to begin work on day one of award without significant ramp-up time. QTC already provides examinations at or near military bases within the proximity of St. Petersburg, FL and Jackson, MS. QTC has the existing network of physicians that have already received the required VA training to process MDE exams for the new region offices. No other vendor has the existing network of physicians in the required regions that have received the requisite VA training in MDE exams. Additionally, QTC has established and tested the required information technology interfaces with VA. Any other vendor would be required to coordinate with VA to link its IT systems with VA, receive the proper approvals, and complete all testing to ensure the IT linkages work properly. Only QTC has existing contract pricing, the existing network of providers, and the existing IT interfaces needed in order to service the new region offices. No other vendor possesses these unique qualifications without requiring a significant amount of time to obtain these qualifications; therefore, no other vendor can support he effort in a timely manner or in a manner that is cost effective to the Government. By the time any other vendor obtained these qualifications, the current contract will have expired and the replacement contract that is already in the acquisition phase will have been awarded. For these reasons, only QTC possesses the unique capabilities to begin work without significant delay. Service under this modification will be for approximately the last four months of the contract, depending on when the modification is finalized. VA is in the process of competitively soliciting a new contract that will replace the existing MDE contract which expires in December 2015; however, award of the new contract will not be made in time to meet the current requirement of adding the two new regions to the contract. Therefore, it would be virtually impossible for the Government to provide the additional services during the remainder of 2015 should it be required to compete the additional services among multiple vendors. The additional work contemplated by the proposed modification is necessary to maximize the availability of disability benefits to Veterans. Congress' recent expansion of the number of VAROs that can be serviced by the MDE contract provides VA with an opportunity complete a maximum number of MDE exam and expediting the process for Veterans to obtain disability benefits. It is not feasible to provide a separate competition for the services needed for the St. Petersburg, FL and Jackson, MS VAROs prior to the end of the current contract and the beginning of the new contract in January of 2016. As a practical matter, the only reasonable means to expand these services prior to the end of the existing contract is to allow the current contractor to provide the additional services. 6. Efforts to Obtain Competition: No other provider can immediately perform the required exams. This modification will, however, meet Veterans' exam needs while the VA conducts an acquisition using full and open completion. No reasonable means to acquire the services from another firm exists based on the circumstances described in section 5. The proposed action will be posted on the Federal Business Opportunities (www.fbo.gov) website within 14 days after award. 7. Actions to Increase Competition: The existing contract expires on December 30, 2015. A new contract is currently in competition and is expected to be awarded on or prior to December 30, 2015. The new contract action includes the requirement addressed in the proposed modification request related to this sole source justification. The new contract is being competed as full and open, unrestricted competition. As such, all qualified vendors have an opportunity to compete for the requirement that will replace the existing contract. 8. Market Research: Market research revealed that five companies nationwide are capable of performing these services. However, only QTC can perform these services immediately at these two locations. No reasonable means to acquire the services from another firm exists based on the circumstances described in section 5. The proposed action will be posted on the Federal Business Opportunities (www.fbo.gov) website within 14 days after award. 9. Other Facts: The provision of medical exams by non-VA physicians was authorized by Public Law (P.L.) 104-275 with specific limitations. In 2010, at the time of contract award, P.L. 104-275 authorized VBA to privately source exams for a maximum of 10 VAROs. With the recent passage of Section 241 of the Consolidated and Further Continuing Appropriations Act of 2015, the number of VAROs that can be serviced was increased from 10 to 12 for the year 2015. Specifically, Section 241 of the Consolidated and Further Continuing Appropriations Act, 2015, amended Subsection (b) of section 504 of the Veterans' Benefits Improvements Act of 1996 (P.L. 104-275; 38 U.S.C. 5101). 10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief. Signature: ____________________________ Date: ___________________ VBA Program Manager 11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on historical pricing and price analysis. Signature: ____________________________ Date: ___________________ Contracting Officer 12. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. Signature: ____________________________ Date: ___________________ Contracting Officer 13. Statement of Legal Sufficiency: I have reviewed this justification and find no legal objection. Concur with Comment provided 05/22/15 and incorporated by referenced. Signature: ____________________________ Date: ___________________ VA Office of General Counsel ? Approval Based on the foregoing justification, I approve the modification to contract VA798-11-D-0003 for MDE services in the estimated amount of $10,837,106.00, on an other than full and open completion basis pursuant to Section 41 U.S.C. 3304(a)(1 ), subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition. Signature: ___________________________Date: ____________ Head of the Contracting Activity Office of Acquisition Operations
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/AFMLOVASS/VASSMD/na/listing.html)
 

Document(s)

Justification and Approval (J&A)
 

File Name: VA798-11-D-0003 P00024 VA798-11-D-0003 P00024_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2102398&FileName=VA798-11-D-0003-P00024000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2102398&FileName=VA798-11-D-0003-P00024000.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN03760885-W 20150613/150611234725-9ed6c10a07445bcbb48a7679c62d9c34 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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