36C26120D0043-001.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C261-19-AP-6271

1. Contracting Activity: Department of Veterans Affairs, Veterans Health Administration, Network Contracting Office 21, Prosthetics Branch

2237: 570-20-1-202-0001 – Optician Services 570-20-1-278-0001 – Prescription Eyeglasses

2. Nature and/or Description of the Action Being Processed: Approval is requested for a new, sole source Indefinite Delivery, Indefinite Quantity (IDIQ) contract with PDS Consultants, Inc. to provide prescription eyeglasses and optician services to veterans that receive care at the VA Central California Health Care System (VACCHCS) and its surrounding catchment area(s). The anticipated contract will be a firm-fixed-price contract for twelve months with one six-month option.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: VA Central California Health Care System, Prosthetics & Sensory Aid Services (PSAS) has requirement to provide prescription eyeglasses and optician services for veterans. The contract is intended for use by the VA Central California Health Care System located within the VACCHCS catchment area. Contractor is to provide eyeglasses according to the contract specifications for beneficiaries of the Department of Veterans Affairs Centers within catchment area of VACCHCS, which presently consists of: VA Central California Healthcare System, VA Castle Medical Clinic, Tulare Community Base Outpatient Clinic (CBOC), and Oakhurst CBOC.

Total estimated contract price base and one six-month options is

4. Statutory Authority Permitting Other than Full and Open Competition: 38 U.S.C. 8127(c) - 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 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.

Note: 38 U.S.C 8128. “Small business concerns owned and controlled by veterans: contracting priority”

(a) Contracting Priority. - In procuring goods and services pursuant to a contracting preference under this title or any other provision of law, the Secretary shall give priority to a small business concern owned and controlled by veterans, if such business concern also meets the requirements of that contracting preference.

The authority for this J&A is cited in 41 U.S.C. 3304(a)(5), as authorized by 38 U.S.C. 8127(c).

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Per the authorities cited in number 4 above, the Contracting Officer may award a sole source contract per 38 U.S.C. 8127(c) if he/she has identified a Service Disabled Veteran-Owned Small Business (SDVOSB) capable of providing the products and/or services at fair and reasonable prices, and is in the best interest of the government.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Competing a short-term contract for twelve (12) months with one (1) six (6) month option could potentially cause unacceptable delays in providing prescription eyeglasses and optician services to the veterans serviced by the VA Central California Health Care System. At this time, PDS Consultants, Inc. is the only firm that is capable of providing the necessary supplies and services described in section 2 above, without the Veterans Health Administration (VHA) experiencing unacceptable delays in fulling its requirement.

A five-year Indefinite Delivery, Indefinite Quantity (IDIQ) contract action is currently pending station submission. This short-term contract will aid in the effort of completing the five-year competitive contract action, because it will provide additional time needed for NCO 21 to complete the contract award(s).

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

Prescription eyeglasses and optician services will be determined fair and reasonable in accordance with (IAW) FAR 13.106-3(a)(2)(ii) prices found reasonable on previous purchases. They will also be compared with similar items in a related industry IAW FAR 13.106-3(a)(2)(iv).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: See number 6 above. The CO has verified SDVSOB status in Vendor Information Pages (VIP) and has reviewed the capabilities of the intended sole source.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

VHA Directive 1081.01(1) issued October 29, 2018 changed the usage of 38 U.S.C. 8123’s applicability to the procurement of eyeglasses.

Per the authorities cited in number 4 above, the Contracting Officer may award a sole source contract per 38 U.S.C. 8127(c) if he/she has identified a Service Disabled Veteran-Owned Small Business (SDVOSB) capable of providing the products and/or services at fair and reasonable prices and is in the best interest of the government.

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

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 contract action will be synopsized on Federal Business Opportunities (FBO) within 14 days of award. All future acquisitions for similar supplies and/or services will initially be advertised by placing a Sources Sought with a synopsis of requirement on FBO. Market research can be conducted for subsequent procurements to determine if there are changes in potential vendors.

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.

Glenn Potter Date:

Chief, Prosthetics Central California Health Care System (CCHCS)

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.

Mandy Thompson Date:

Branch Chief, Supply I/Prosthetics

NCO 21

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K: I certify the justification meets requirements for other than full and open competition.

Brooke C. Robison Date:

Director of Contracting

NCO 21

c. VHA SAO 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 $68 million) or approve ($700K to $68 million) for other than full and open competition.

Curtis M. Jordan Date Executive Director Regional Procurement Office (RPO) West Head of Contracting Activity (HCA)

13 NOV 19