FAR 13.5 Sole Source Justification_ Miami Home Oxygen Redacted_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: 11/15/24 Page 2 of 3

REVISION: 01

Acquisition ID#: 36C248 25 AP 1836

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Transox, Inc.'s contract for Home Oxygen 36C24820D0054 is set to expire on March 31, 2025. The contracting officer has initiated solicitation 36C24825Q0115, set aside for Service Disabled Veteran Owned Small Businesses (SDVOSB), under AP# . This new contract aims to establish a five year indefinite delivery agreement. However, after receiving questions from interested parties during the solicitation process, it became evident that revisions to the Performance Work Statement (PWS) were necessary. Consequently, the solicitation was canceled. A review of the PWS is currently underway with stakeholders to ensure that the new contract effectively meets the needs of veteran patients.

Given the timeline for awarding the new contract and the expiration of the current agreement, there are concerns about the potential for a smooth 90 day transition of services if Transox, Inc. is not selected for the new contract. The estimated award date for the new contract is April 15, 2025, and there will be a 90 day transition period between the incumbent contractor and the new awardee. Transox, Inc. has satisfactorily completed the previous contract. Currently, Transox, Inc is the only firm capable of providing the necessary supplies and services described in Section III above without the Veterans Health Administration experiencing substantial duplication of cost that could not be recovered through competition and unacceptable delays in fulfilling its requirement.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Based on the market research conducted and the querying of government wide and commercial databases, including the Small Business Administration’s Veteran Small Business Certification (VetCert), Source Sought Notice (Contracting Opportunities), Supply Chain Master Catalog (SCMC), National Acquisition Contract (NAC), Dynamic Small Business Search (DSBS), General Services Administration (GSA) E Buy, and the Federal Procurement Data System (FPDS), it has been determined that AP# will be set aside for Service Disabled Veteran Owned Small Businesses (SDVOSB) on Contracting Opportunities as soon as the necessary changes are made to the internal documentation. This sole source will provide temporary support until the action is solicited and awarded to the next potential awardee.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: There is historical prices and a review of the previous contract 36C24820D0054 will be utilized to determine the price is fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Based on the market research conducted and the querying of government wide and commercial databases, including the Small Business Administration’s Veteran Small Business Certification (VetCert), Source Sought Notice (Contracting Opportunities), Supply Chain Master Catalog (SCMC), National Acquisition Contract (NAC), Dynamic Small Business Search (DSBS), General Services Administration (GSA) E Buy, and the Federal Procurement Data System (FPDS), it has been determined that AP# will be set aside for Service Disabled Veteran Owned Small Businesses (SDVOSB) on Contracting Opportunities as soon as the necessary changes are made to the internal documentation. This sole source will provide temporary support until the action is solicited and awarded to the next potential awardee.