2021-0243 JOFOC 36C257-21-AP-1717 Eyeglass Bridge NCO17.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 5 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: 36C257-21-AP-1717

JOFOC Tracker Number: 2021-02-26T13:50:01

1. Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service Network (VISN

17), Network Contracting Office 17 (NCO 17).

2. Nature and/or Description of the Action Being Processed: A firm-fixed-price indefinite-delivery indefinite-quantity (IDIQ) contract was awarded, effective February 28, 2021, on a sole source basis pursuant to 38 USC 8127(c) to PDS Consultants, Inc. (PDS), 22 Rainbow Trail, Sparta, NJ 07871, for the provision of prescription eyeglasses and optician services to the eligible veterans in Veterans Integrated Services Network (VISN) 17. The sole source contract includes a three (3) month base period with one three (3) month option period.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: A short-term, emergency IDIQ contract was awarded to the incumbent, PDS, on a sole source basis pursuant to 38 USC 8127(c) for the provision of prescription eyeglasses and optician services to the eligible veterans in VISN 17 to prevent a lapse in these critical healthcare products and services while the agency is taking corrective action in response to a protest filed with the Government Accountability Office (GAO). The base period willl be February 28, 2021 thru May 27, 2021, with an option to extend the contract for 3-months (May 28, 2021 – August 27, 2021). The total estimated value of the proposed action, including the three-month option, will not exceed $5,000,000.00.

4. Statutory Authority Permitting Other than Full and Open Competition: The statutory authority permitting other than full and open competition for this acquisition is 38 USC 8127(c) as implemented by VAAR 819.7007 and FAR 6.302-5.

( ) (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

(X) (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): On February 25, 2021, a vendor filed a protest with GAO challenging VA’s notice of intent to sole source a contract to PDS for 18 months. Immediately after receiving the protest, the agency notified GAO that it would take

OFOC SOP Revision 11 Page 2 of 5

Revision 11 Date: 02/11/2021 corrective action, which would include (1) not awarding the intended 18 month contract on a sole source basis to PDS, and (2) conducting a competitive procurement. Because the current contract with PDS was set to expire on February 27, 2021, VISN 17 had an urgent and immediate need for a short-term contract for the provision of prescription eyeglasses and optician services to avoid a break in service when the incumbent’s contract expired on February 27, 2021 and during the pendency of the corrective action. VA awarded the short-term, emergency IDIQ contract to PDS, effective February 28, 2021, on a sole source basis pursuant to 38 USC 8127(c). It was in the best interest of the government and the Veterans it serves to ensure that there was no disruption in the provision of these medically necessary and critical healthcare products and services. PDS is a verified service-disabled veteran-owned small business (SDVOSB) manufacturer of eyeglasses. As the incumbent, PDS provided approximately 144,332 pairs of eyeglasses per year as well as the required optician services. PDS possesses the requisite capabilities, knowledge and expertise to manufacture and provide the eyeglasses and required optician services. PDS has made assurances that it will comply with the applicable limitations on subcontracting.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: VA awarded a short-term contract to PDS on a sole source basis pursuant to its authority under 38 USC 8127(c) to ensure there was no lapse in services during the pendency of corrective action taken in response to a GAO protest. PDS is in the incumbent contractor. Market research will be performed prior to competitively procuring this requirement.

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

Reasonable: The total price of the contract for prescription eyeglasses is fair and reasonable based upon a comparison of PDS’s proposed prices to past procurement history. In addition, it was determined that the total price of the contract for optician services is fair and reasonable based upon a comparison of salary costs in the commercial market. Eyeglasses and optician services are commercial items provided and performed in the healthcare field for both Government and non- Government agencies; therefore, certified cost and pricing data is not required.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Limited market research was performed for this short-term requirement, which included identifying 81 verified SDVOSB concerns and seven (7) vetern-owned small business (VOSB) concerns on VA’s Vendor Information Pages (VIP) database as possible sources under NAICS code 339115. Due to the urgency of this requirement, however, exhaustive market research could not be conducted to determine whether, in part, the VA rule of two can be met under 38 USC 8127(d)(1). Comprehensive market research will be performed for the competitive procurement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: On February 25, 2021, a vendor filed a protest with GAO challenging VA’s notice of intent to sole source a contract to PDS for 18 months. Immediately after receiving the protest, the agency notified GAO that it would take corrective action. The current contract with PDS expired on February 27, 2021. The short-term contract awarded to PDS on a sole source basis pursuant to 38 USC 8127(c), effective February 28, 2021, and subject of this justification and approval, is required to ensure that there is no gap in services during the time required to fully implement the agency’s corrective action and complete a competitive procurement. The short-term contract will only be kept in place for as long as necessary to complete the competitive procurement. VA has an urgent and continuing need for prescription eyeglasses and optician services to ensure the welfare of the patients under VA’s care at the medical

OFOC SOP Revision 11 Page 3 of 5

Revision 11 Date: 02/11/2021 centers in VISN 17. PDS is the incumbent and is the only contractor that can provide the required prescription eyeglasses and optician services starting on February 28, 2021 and on an ongoing basis without unacceptable delay and disruption of those services, and a resulting significant adverse impact to the agency’s mission. It is in the best interest of the government and the Veterans it serves to ensure that there is no disruption in the provision of these medically necessary and critical healthcare products and services.

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

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: The follow-on IDIQ contract will be solicited on a competitive basis. The eCMS long-term milestones are as follows:

MILESTONE PLANNED DATE

1. Acquisition Plan Approved 03/10/2021

2. Statement of Work 03/10/2021

3. Specifications 03/10/2018

4. Data Requirements 03/10/2018

5. Completion of Acquisition Package Preparation 03/10/2018

6. Purchase Request 03/10/2018

7. Justification and approval for other than full and open competition where applicable and/or any required D and F approval

N/A

8. Issuance of Synopsis 04/01/2021

9. Issuance of Solicitation 04/01/2021

10. Evaluation of Proposals 05/03/2021

11. Beginning and Completion of Negotiations 05/10/2021

12. Contract Preparation, Review, and Clearance 05/24/2021

13. Contract award 05/28/2021

OFOC SOP Revision 11 Page 4 of 5

Revision 11 Date: 02/11/2021

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 Frank Date Chief Prosthetics

VISN 17

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.

Lindsey Hooge Date Contracting Officer NCO 17, RPO West https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

OFOC SOP Revision 11 Page 5 of 5

Revision 11 Date: 02/11/2021

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Name: Jeff Morris Date NCO17/Division Chief Service 2

Facility: NCO 17, RPO West

Name: Mark A. Layman Date Director of Contracting

Network Contracting Office 17 VHA Regional Procurement Office West

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 recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

Name: Curtis M. Jordan Date Executive Director, Regional Procurement Office Veterans Health Administration VHA Head of Contracting Activity (HCA)