0024-JA-MINGO-090921 Southern Tier FINAL.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 11 Page 1 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:_ 36C250-21-AP-5103

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Louis Stoke VA Medical Center Network Contracting Office (NCO) 10 6150 Oak Tree Blvd., Suite 300 Independence, Ohio 44131 Station Code: 36C250 2237# 583-21-4-388-0024

2. Nature and/or Description of the Action Being Processed: Veterans Integrated Service Network

(VISN) 10 requires a two new Firm fixed Price Contracts for Eye Glass Dispensary Services to fit, order and dispense prescription eyeglasses to Veterans provided with care throughout sites located in the state of Ohio. These services are currently being provided in Ohio under contract 36C25021D0071, which has been in place since 10/09/2020. The contractor’s performance has not met the contract’s minimal standards and have led to several Contract Deficiency Reports (CDR), a Cure Notice, and a Show Cause Notice. The Administrating Contracting Officer (ACO) currently intends to issue a Termination for Cause on 09/22/2021. This J&A request will provide services in the interim while a new competitive contract is being put into place. The intent is to divide the state into two tiers (Northern and Southern) due to the inability of one vendor to handle the entire requirement per market research findings. The Northern Tier facilities will be Cleveland and Columbus. The Southern Tier facilities will be Cincinnati, Chillicothe, and Dayton.

This particular J&A request is to support the Southern Tier facilities.

Contract type: Indefinite Delivery Contract for all Cincinnati, Chillicothe, Dayton locations.

Estimated value of $1,430,849.17 Period of performance 09/22/2021 through 09/21/2022

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Contractors shall provide on-site eyeglass dispensing services to Veterans during the hours of operation/open for appointments, Monday thru Friday, and may include Saturday hours as determined by the facility except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings or similar Government directed facility closings/moves.

Contractor shall provide all labor (including qualified opticians), equipment, materials, supplies, and supervision to provide eyeglass dispensary services, to include functions such as fitting, ordering, adjusting, dispensing, repairing (minor), and education. The estimated value for is $1,430,849.17.

The contractor will perform these services for approximately 1,700 eyeglass orders a month for 20,400 pairs of glasses during the total period of performance. The estimated period or performance for each contract is 09/22/2021 through 09/21/2022.

OFOC SOP Revision 11 Page 2 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

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

( ) (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;

(X) (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):

Two Contracts (36C25018D0075 & 36C25018D0076) were reviewed in conducting market research for the Ohio Southern Tier portion of this requirement. These two contracts are successfully performing these requirements for VISN 10 Optical Dispensing Services: one contract services the Michigan facilities (36C25018D0076) and the other services the Indiana facilities (36C25018D0075).

Both vendors are interested and capable of performing the needs for the Ohio facilities; however, neither is capable of servicing every location in Ohio. Market research indicated that the only way to ensure there is no lapse of services for the Ohio locations is to award two separate contracts, one for the Ohio Northern Tier facilities and one for the Southern Tier facilities.

The current contract was awarded under 36C25021D0071 to Carter Lambert Divisions. At the time, Market Research was conducted and an RFI was issued; five (5) contractors expressed interest at but, only one vendor submitted proposal which was Carter Lambert Divisions. Carter Lambert Divisions has consistently been unable to meet contract requirements. A termination for cause of this contract is being pursued at this time. Due to the unforeseen and unusual circumstances surrounding the contract termination, an emergency interim/gap contract is required to fulfill the immediate needs of Ohio Eyeglass dispensing services. Carter Lambert Divisions has demonstrated that there is an immense learning curve that comes with providing these services and has already placed the government in a position where dispensing services has fallen far behind what is expected in the contract terms. To prevent further delays and backlogs, the government needs contractors that can immediately assume the services the day the contract is executed. The only known vendors capable of performing in this manner are the two currently providing these dispensing services in other VA hospitals within the VISN. Over 40,000 pairs of eyeglasses are serviced by this contract in Ohio each year, and a lapse in these services will cause severe harm to the government and the Veterans that depend on these services.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to the urgent and compelling nature of this acquisition, market research only included reviewing and contacting the two vendors currently under contract, 36C25018D0075 and 36C25018D0076, to provide these services within VISN 10. Both have previously been performing these services and have good records of past performance. The rationale for the abbreviated market research is due to the time constraints of this emergency action and

OFOC SOP Revision 11 Page 3 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021 forthcoming termination for cause. The previous contract took 11 months to award. Both contractors are capable of performing all the requirements without service gaps and potential harm to patient care. Since the last solicitation only resulted in one interested party, performing a new solicitation and receiving no responses is an unacceptable risk at this time. This contract directly impacts patient care and upon immediate termination of the current vendor, new vendors need to be ready to perform the requirements of this contract to prevent a serious lapse in services. The purpose of this emergency award is to provide short-term contracts to avoid lapse in services while a longer-term contract can be solicited.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost has been determined by the CO to be fair and reasonable based upon a comparison of the Independent Government Cost Estimate and by reviewing current pricing under contract numbers 36C25018D0075 and 36C25018D0076.

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 acquisition, the market research that was conducted only included the two vendors currently providing these services within VISN 10. The rationale for the abbreviated market research is due to the time constraints of this emergency action associated with the termination for cause. Carter Lambert Division was the only veteran owned small business (VOSB), and vendor, that responded to the previous solicitation in 2019. Since the last solicitation took 11 months and only resulted in one interested party, issuing a new solicitation and receiving no responses is an unacceptable risk at this time. The purpose of this emergency request is to provide two short-term contracts to avoid lapse in services while a longer-term contract can be solicited. A current check of VIP was conducted using the NAICS code, 621320, resulting in 31 SDVOSB or VOSB. None of these potential sources have the capability of meeting the urgent requirement to begin services as soon as awarded.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: This acquisition will be the sole stopgap to ensure patient care is not compromised due to a lack of services. Currently it is estimated that 1,000 pairs of eyeglasses are already backlogged and have not been dispensed as required.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

L&S Optical, 30 1ST Street SW Carmel IN 46032

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: This acquisition is only to provide interim services to prevent a critical lapse while a new competitive acquisition is completed. A new formal solicitation will be started with an anticipated award date of awarding a competed contract before 09/21/2022.

OFOC SOP Revision 11 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

Steven D. Rowland Digitally signed by Steven D.

320948 Rowland 320948 Date: 2021.09.09 16:16:33 -04'00'

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.

Steven D. Roland Date Program Supervisory, Acquisition & Utilization Specialist

VISN 10

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. : I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Harvey J. McGowan 194052 Digitally signed by Harvey J. McGowan 194052 _ Date: 2021.09.14 06:38:52 -04'00'

Harvey J. McGowan Date Contracting Officer

NCO 10

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

Jason E. Lawson Date Division Chief

NCO 10

Marie L. Smith Date Director of Contracting Network Contracting Office (NCO) 10

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Terry L. Spitzmiller Date Executive Director Regional Procurement Office Central Veterans Health Administration

9/15/2021

09/20/2021

TERRY

SPITZMILLER

Digitally signed by TERRY

SPITZMILLER

Date: 2021.09.20 16:18:30 -05'00'