HCA SIgned NCO 7 P03 - FAR 13.5 Sole Source Justification - Notice_Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification Template >SAT $7.5M under FAR13.5

Modification to 36C24724D0002

Effective Date: 02/01/2022 Page 2 of 3

(X) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

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 April 2, 2024, filed a bid protest before the U.S. Court of Federal Claims

(COFC) challenging its rejection from the competition. (No. 24-500 C).

To ensure that there is no interruption of services during the pendency of litigation before the COFC, NCO 7 needs to modify the current, competitively-awarded short-term bridge contract no.

36C24724D0002 by adding a single five (5) month option period to extend out the period of performance of the VISN 7 prescription eyeglass manufacturing and onsite optician services. VISN 7's awarded the previous seven (7) month's bridge based on limited competition under FAR Part 13's unusual urgency. If a modification is not done to add an option period and extend the period of performance, the current contract will expire on April 30, 2024, and all services will no longer be available to the Veterans until a new award is established.

A modification is required to extend the period of performance in order to maintain these services and avoid any disruption while litigation is pending before the COFC. The court is expected to make a decision no later than September 23, 2024. If another vendor is to take over, there could be a delay due to the transition time needed, which will negatively impact patient care.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This is an unusual and compelling modification to an existing contract. No action has been taken to solicit other sources other than the incumbent contractor, PDS.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: This modification is to an existing contract that was competitively awarded to PDS under unusual and compelling outlined in FAR 13.5 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2). All pricing under 36C24724D0002 has been determined fair & reasonable. PDS has verified that it will honor its current price during the five (5) month option period awarded through this contract modification.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Market research was not conducted as a result of this modification. This market research conducted that resulted in the award of 36C24724D0002 is still valid and approved by the appropriate authorities through a formal written acquisition plan.

Furthermore, this modification is being awarded under unusual and compelling procedures; only PDS can provide this requirement in time without negatively impacting patient care.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The long-term requirement award decision is currently being litigated at the COFC.

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

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Request for Sole Source Justification Template >SAT $7.5M under FAR13.5

Modification to 36C24724D0002

Effective Date: 02/01/2022 Page 3 of 3

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 Agency has taken every action possible to implement a competitive, long-term requirement. That requirement is currently under litigation at the COFC (No. 24-500 C).

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

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 of my knowledge and belief.

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.

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 ($750K to $7.5 million (or $15.0 million for acquisitions described in FAR 13.500(c)) for other than full and