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FBO DAILY ISSUE OF APRIL 19, 2012 FBO #3799
DOCUMENT

R -- Revision of Rating Schedule for Ongoing Analytical Services for VA Disability Ratings - Justification and Approval (J&A)

Notice Date

4/17/2012
 

Notice Type

Justification and Approval (J&A)
 

NAICS

541611 — Administrative Management and General Management Consulting Services
 

Contracting Office

Acquisition Service- Frederick;Department of Veterans Affairs;8490 Progress Drive, Suite 100;Frederick MD 21701
 

ZIP Code

21701
 

Solicitation Number

VA79812R0082
 

Archive Date

5/10/2012
 

Point of Contact

Kevin Armillotti, Contract Specialist
 

E-Mail Address

Poe,
 

Small Business Set-Aside

N/A
 

Award Number

VA798-12-C-0026
 

Award Date

4/10/2012
 

Description

DEPARTMENT OF VETERANS AFFAIRS VBA Office of Compensation and Pension Services JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Upon the basis of the following justification, I hereby approve the issuance of the contractual action described below using other than full and open competition, pursuant to the authority cited herein. 1. Identification of Agency and Contracting Activity. This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by Acquisition Service - Frederick, Frederick, MD, on behalf of the Department of Veterans Affairs (VA), Veterans Benefits Administration (VBA), Office of Compensation and Pension Services. 2. Nature of Action Being Approved. This activity proposes to negotiate a noncompetitive award (sole source) with Associated Veterans LLC - Quality Solutions (a Service-Disabled Veteran-Owned Small Business) for the procurement of the development and implementation of plans for the re-adjudication of claims in accordance with orders from Nehmer v. U.S. Department of Veterans Affairs. Associated Veterans LLC - Quality Solutions is a registered and verified SDVOSB in VetBiz.gov. 3. Description of Service and Supplies. The Compensation Service in the Veterans Benefits Administration (VBA) is responsible for paying disability based compensation and pensions to Veterans and their survivors. Core elements of that responsibility are determining the level of disability that the veteran has suffered and whether or not that disability is service connected. The Code of Federal Regulations (CFR), Title 38, Part 4 (Schedule of Rating Disabilities) is critical in making determinations in a fair, equitable and consistent manner. There is considerable interest within VA as in the need to refine and update these regulations. These regulations continue to get significant scrutiny from Congress and others. The nature of the conflicts and the injuries sustained in these conflicts are different with each war. Further, our understanding of injury, disease and healing processes change over time. As a result the Rating Schedule and the parallel regulations for the adjudication of disability claims (38 CFR Part 3) must be constantly updated. This requirement provides on-site executive-level business support to the Director of Compensation Service (Comp. Serv.) and the Nehmer Re-adjudication program regarding all efforts to implement court orders for re-adjudication pursuant to Nehmer v. U.S. Department of Veterans Affairs. The time frame for implementation is established in part by statute and in part by past court orders in Nehmer v. U.S. Department of Veterans Affairs. The Agent Orange Act of 1991 requires the Secretary of VA to determine whether changes to the presumptive diseases are necessary within 60 days from the date the Institute of Medicine (IOM) publishes report on the health effects of exposure to herbicides in Vietnam. The most recent report was published on September 29, 2011. After those 60 days, VBA has 60 days to publish a proposed rule and then 90 additional days to publish a final rule. As such, VA has a total of 210 days to establish final regulations. Once regulations are established, court orders in Nehmer require VA to identify previous claimants who may be members of a class action lawsuit, re-adjudicate their claims in accordance with court orders, and do so within the court's prescribed timeline. Previous court orders for Nehmer have required VBA to begin re-adjudication of claims expeditiously and without delay. As such, VBA must implement a plan for re-adjudication of 68,000 claims affected by the new regulation within 210 days. Nehmer court's perspective on how the VA should approach the re-adjudication can be found in orders dated April 28, 2006 and June 19, 2007. In those orders, the Nehmer court ordered VA to "act in good faith to use all resources at their disposal to perform the tasks [identified in the order] as quickly as possible." Additionally, the Nehmer court indicated that VA "remains under court order to act with speed, diligence, and good faith," and notified the VA that "any actions to the contrary shall subject defendant to contempt proceedings and sanctions in accordance with the inherent authority of the Court." The Contractor will have the following major and supplemental responsibilities: Major Responsibility: The contractor shall provide all resources necessary to accomplish the deliverables described in the statement of work (SOW), except as may otherwise be specified. This requirement provides on-site executive-level business support for the implementation of policy that will develop, coordinate, and update the: Nehmer and other presumptive training guides Nehmer and other presumptive training guides (Current Nehmer training letter (TL-104) located at the following web address: http://vbaw.vba.va.gov/bl/21/publicat/Letters/TrngLtrs.htm o oNehmer Readjudication training video oTraining plan oTraining sessions oDecision notice and rating templates specific to Nehmer oQuality review process that complies with Nehmer court orders oFast letters addressing re-adjudication pursuant to Nehmer oDatabases and reports that VA will submit to court as documentation of re-adjudication pursuant to Nehmer court orders Supplemental Responsibilities: oPrepare briefing material related to implementation of Nehmer presumptives (status reports, spreadsheets and other documents) oProvide guidance for software development of Nehmer adjudication and Nehmer retro-active payment systems oDevelop recommended responses to Regional Office inquiries regarding implementation of Nehmer oMonitor Nehmer case files for proper inclusion in Nehmer class membership and quality of ratings oLiaise with Office of General Counsel regarding Nehmer case reviews The proposed contract cost is as follows: Base Year: $129,920.00; Option Year One: $199,752.00; Option Year Two: $204,745.80. The total cost is estimated to be $534,417.80. The total contract life cycle is thirty months. 4. Identification of Statutory Authority. The statutory exception permitting other than full and open competition for this acquisition is 41 USC 253(c)(5), Authorized or Required by Statute as implemented by FAR 6.302-5. The applicable statute is PL 109-461, Veterans First Contracting Program (codified at 38 U.S.C. § § 8127 and 8128). 5. Demonstration of Contractor's Unique Qualifications. Associated Veterans LLC - Quality Solutions is a Service Disabled Veteran Owned Small Business registered and verified in VetBiz.gov. Associated Veterans has significant experience within VBA providing project management services to six of the staff and business line offices in VBA. They have also provided support for implementation of Nehmer court orders when, in 2009, the Secretary of VA added ischemic heart disease, Parkinson's and b-cell leukemias to the list of diseases presumptively connected to military service in the Republic of Vietnam. Recently, the Secretary of VA added another disease. The addition of this new disease will prompt Compensation Service to implement court orders by the federal district court in Nehmer. Compensation Service will rely upon the subject matter expertise Associated Veterans developed during the 2009 re-adjudication to assist with the implementation of the court's orders. 6. Description of efforts made to ensure offers are solicited from as many potential sources as practicable. A Notice of Intent to Sole Source will be posted in the Federal Business Opportunity System pursuant to the Federal Register Vol. 74, No. 234 (Department of Veterans Affairs, VA Acquisition Regulation Supporting Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses) Final Rule #5. 7. Determination of Fair and Reasonable Prices. No award shall be made until the Contracting Officer determines the price to the Government to be fair and reasonable. This determination will be based on a comparison of the offeror's price proposal to the Government IGCE which is based on an average of rates from GSA MOBIS Schedule 874-1 SDVOSBs in the Washington Metro Area. 8. Description of Market Survey. The skills and experience required for this project are well defined and specialized. As mentioned in section five, Associated Veteran, LLC has the required personnel with the experience needed for the successful completion of this requirement. However, market research was conducted to develop an Independent Government Cost Estimate. 9. Other facts supporting the use of other than full and open competition. PL109-461 Section 502 (c) states: Sole Source Contracts for Contracts Above Simplified Acquisition Threshold: For purposes of meeting the goals under subsection (a), and in accordance with this section, a Contracting Officer of the Department may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if: 1)Such concern is determined to be a responsible source with respect to performance of such contract opportunity; 2)The anticipated award price of the contract (including all options) will exceed the simplified acquisition threshold (as defined in Section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) but will not exceed $5,000,000; and 3)In the estimation of the Contracting Officer, the contract award can be made at a fair and reasonable price that offers best value to the United States. As noted above, Associated Veterans, LLC has been determined to be a capable and verified SDVOSB. Associated Veterans will be determined responsible prior to contract award, following (1) above and in accordance with FAR 9.104. The award price is anticipated to exceed the Simplified Acquisition Threshold, but will not exceed $5,000,000 following (2) above. The Contracting Officer anticipates contract award can be made at a fair and reasonable price that offers the best value to the Government, following (3) above. As noted, award will not be made until the quoted price is determined to be fair and reasonable. The VA Program Office has estimated the cost of a new contractor will be an additional $37,120 to $46,400 based on the hourly rates listed in the IGCE. Another eight to ten weeks of one full-time Government employee will spend up to 50% of his/her work time familiarizing a new contractor with the cases and processes. The additional time amounts to 160 to 200 total staff man hours spent. Given that VA has a total of 210 days from September 29, 2011 to re-adjudicate 68,000 claims, a new contractor is not in the best interest of the Government, the VA, or the Veterans the VA serves. 10. Listing of Interested Sources. Associated Veterans, LLC 10042 Cedar Spring Lane Culpeper, VA 22701 11. Actions Taken to Remove Barriers to Competition. It is anticipated that the requirement will not be needed once the base period and potential option periods have been exhausted. However, should the Program Office need the requirements once all option periods have been exercised, market research will be conducted in accordance with FAR Part 10.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/AFMLOVASS/VASSMD/VA79812R0082/listing.html)
 

Document(s)

Justification and Approval (J&A)
 

File Name: VA798-12-C-0026 VA798-12-C-0026_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=323752&FileName=VA798-12-C-0026-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=323752&FileName=VA798-12-C-0026-000.docx

 

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

Record

SN02724396-W 20120419/120417235806-90f6883434fa68dead687b5ff63dc3a5 (fbodaily.com)
 

Source

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

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