36C10G18D0057 Pride Mobility JA Extension.pdf

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of Veterans Affairs (VA)

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center 10300 Spotsylvania Ave, Suite 400 Fredericksburg, VA 22408

2. Description of Action: The issuance of a modification to extend the Period of Performance (POP) to contract 36C10G18D0057 for Full-size 4-Wheel Scooters and Heavy Duty 3-Wheel Scooters with Pride Mobility Corporation, 182 Susquehanna Ave Exter, PA 18643. This modification will put in place a 6 month extension period to avoid a lapse in the purchases of Scooters and disruption of services to the Veterans.

This contract was awarded under a competitive effort Indefinite Delivery Indefinite Quantity (IDIQ) wherein individual VA Medical Center facilities have the authority to place delivery orders against the IDIQ. This modification will allow for time to complete the on-going acquisition process of a follow-on long term national contract being implemented by the Strategic Acquisition Center.

3. Description of Supplies or Services including Estimated Values:

• Category C Full Size 4-Wheel Scooters

• Category D Heavy Duty 3-Wheel Scooters

The Estimated value for this six month extension for Full Size 4-Wheel Scooters and Heavy Duty 3-Wheel scooters is $4,358,768.44. ($2,179,384.22/3 months = $726,461.41 per month; $726,461.41 X 6 months = $4,358,768.44.)

The current period of performance will expire on April 19, 2023. The requested extension will be from April 20, 2023 through October 19, 2023. The estimated value for this six (6) month extension is $4,358,768.44. This total was calculated based on averaging the total amount for the first quarter( FY23) for each individual category of scooters and dividing that total by 3 to establish the average per month..

A scooter is intended to support mobility for an individual with impaired walking that is not resolved by an ambulation assistive device (e.g., cane, crutch, walker, rollator) or manual wheelchair. An appropriate scooter candidate has the ability to stand, take steps, and transfer in and out of the device without assistance, does not require postural support and skin protection, and does not require a power wheelchair. A scooter is typically indicated for limited indoor and controlled outdoor environments, such as paved surfaces and American with Disabilities Act (ADA) compliant ramps.

4. Statutory Authority: The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-5 entitled, “Authorized or required by Statute.”

5. Rationale Supporting Use of Authority Cited Above: In accordance with 38 U.S.C. § 8123, “the Secretary may procure prosthetic appliances and necessary services required in the fitting, supplying, and training and use of prosthetic appliances by purchase, manufacture, contract, or in such other manner as the Secretary may determine to be proper, without regard to any other provision of law.”

The objective is to ensure scooter availability for nationwide usage and to enhance the quality of care we provide to our Veterans, leverage spend, and maximize efficiency.

It is anticipated that the technical evaluations will be completing at the end of July 2023. This extension of the current contract will ensure that VA Hospitals and clinics can continue to order scooters for those Veterans that have a need for the item.

6. Efforts Made to Solicit Offers from as many potential sources as practical:

Utilizing the authority in 38 § U.S.C. 8123, it is appropriate to award this acquisition to Golden Technologies Inc. without regard to any other provisions of law, to include full and open competition.

The Government’s intent is to publicize the follow-on requirement as a small business set aside and will be made available at the Government Point of Entry (GPE) sam.gov in accordance with FAR 5.201.

7. Determination of Fair and Reasonable Cost: Price reasonableness will be conducted in accordance with 41 U.S.C. 3501 and FAR 15.403-1(c)(3)(ii)(B), “Commercial Items”, which states that in order to make this determination, the contracting officer may request the offeror to submit prices paid for the same or similar commercial items under comparable terms and conditions by both Government and commercial customers. The Government Contracting Officer determine the proposed prices fair and reasonable in accordance with FAR 15.404- 1(b)(2)(ii)(B) Price Analysis Techniques for contract 36C10G18D0057.

8. Description of Market Research: It has been determined that it is more advantageous to the VA to extend the current contract to avoid any lapse in availability of products while a new contract is being put in place.

9. Other Facts: None

10. A listing of Sources: None.

11. Actions to Remove Barriers to Future Competition: This action is a six (6) month option period while the Government publicizes and competes the follow-on contract via beta.sam.gov.

https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=38-USC-1264422296-716811114&term_occur=4940&term_src=title%3A38%3Apart%3AVI%3Achapter%3A81%3Asubchapter%3AII%3Asection%3A8123 http://www.fedbizopps.gov/ http://www.fedbizopps.gov/

12. Certifications:

a. TECHNICAL/REQUIREMENTS PERSONNEL:

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: ______________________ Rodney Hickson Deputy Program Manager

b. Contracting Officer:

I certify that this justification is accurate and complete to the best of my knowledge and belief. Furthermore, I determine that the anticipated price to the Government for this action will result in a fair and reasonable price based on the rationale outlined in section 7 of this justification.

Signature:_______________________

Zachary Wilcox Contracting Officer

Concurrence

In my role as the SAC Advocate for Competition, based on the foregoing justification, I hereby approve the non-competitive modification to contract 36C10G18D0057 on a sole-source basis to Pride Mobility pursuant to the statutory authority cited in paragraph 4 above, and provided that the products herein described have otherwise been authorized for this acquisition.

Signature:_______________________ Adam M. Spacht Director, Compliance and Internal Control Service, SAC-Fredericksburg Local Competition Advocate (SAC-Fredericksburg)