NCO21 Home Oxygen Bridge Reno JOFOC Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 2 of 4

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

(x) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) 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):

Home oxygen supplies and services were provided by B & B Medical Services under 36C26123D0022, which expired on 01/31/2024. B & B Medical Services performed satisfactorily on the previous contract. This was also a sole source due to the pending result of the Government Accountability Office (GAO) protest agains the VISN-wide solicitation for the same service.

Competing a bridge contract could potentially cause severe delays in delivering service. At this time, B & B Medical Services is the only firm capable of providing the necessary supplies and services described in Section 3 in a timely manner, without the Veterans Health Administration experiencing unacceptable or severe delays in fulfilling its requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

The station and contracting office will continue to perform market research for these services so a long term IDIQ can be put in place. This action is not a new long-term IDIQ contract solicitation, but a sole source short-term bridge IDIQ contract to the incumbent to prevent the loss of critical home oxygen supplies and services to allow time for the procurement of the long-term IDIQ contract. It is expected that the long term IDIQ contract will be awarded in March or April of Fiscal Year (FY) 2025 but due to the highly protestable nature of the requirement, additional months have been added to allow time for award and transition.

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

Reasonable:

The Contracting Officer anticipates fair and reasonable pricing will be received for this bridge contract. Pricing received will be compared to the previously established IDIQ, 36C26123D0022, and take into consideration inflation and other increases in costs (i.e. fuel, COVID related expenses, etc.), as well as comparison to similar IDIQs and established contracts in accordance with FAR 13.106-3.

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8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

As noted in section 6, market research is ongoing for these services so a long term IDIQ can be put in place. The station and contracting office will do a thorough search to identify potential vendors for the long term solution.

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

None.

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

B & B Medical Services, 4045 NW 64TH ST, Suite 250, NICHOLS HILLS OK 73116-1732.

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 market will be continually assessed to determine if other vendors can provide the required supplies and services supporting VA Sierra Nevada service territory.

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.

Date

Chief, Prosthetic & Sensorty Aids Service VA Sierra Nevada Health Care System

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.

Contracting Officer, Supply II Network Contracting Office 21 (NCO 21)

2/22/2024

2/22/2024

Effective Date: 02/01/2022 Page 4 of 4

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.

Director of Contracting Network Contracting Office 21 (NCO 21)

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 open competition.

Executive Director, Regional Procurement Office (RPO) West Head of Contracting Activity (HCA)

2/23/2024

2/23/2024