Final J_A 36C10G18D0056 Golden Technologies 10-17-23.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL)

Strategic Acquisition Center (SAC) 10300 Spotsylvania Ave., Suite 400

Fredericksburg, VA 22408

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(1) Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for Other Than Full and Open Competition."

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

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center (SAC), on behalf of the Department of Veteran Affairs (VA), Veteran Affairs Medical Centers (VAMCs).

(2) Nature and/or description of the action being approved.

The proposed modification to extend the Period of Performance (POP) to contract 36C10G18D0056 for Category A Mid Size 3-Wheel Scooters and Category B Full Size 3 and 4 wheel heavy duty scooters with Golden Technologies, 401 Bridge Street Old Forge, PA 18518. The modification will put in place a 6 month extension to the current contract to avoid a lapse in the purchase of Scooters and disruption of services to the Veterans. The firm-fixed priced IDIQ contract was awarded under a competitive effort wherein individual VA Medical Center facilities have the authority to place delivery orders against the contract. The proposed modification will allow additional time to complete the on-going competitive acquisition process of a follow-on long term national contract being implemented by the Strategic Acquisition Center without interruption of services to the Veteran.

(3) A description of the supplies or services required to meet the agency’s needs (including the estimated value).

• Category A Mid Size 3-Wheel Scooters

• Category B Full Size 3&4-Wheel Scooters

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

Strategic Acquisition Center (SAC) 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.

Estimated Value

The Estimated value for this six month extension for Mid-Size Scooters is $403,761.78. ($201,880.88/3 months = $67,293.63 per month; $67,293.63 X 6 months = $403,761.78.)

The Estimated value for this six month extension for Full Size Scooters is $1,892,929.80. ($946,464.90/3 months=$315,488.30 per month X 6 months= $1,892,929.80)

The Total Estimated value for this 6 month extension is $2,296,691.58 ($403,761.78 +$1,892,929.80).

The current period of performance will expire on October 19, 2023. The requested extension will be from October 20, 2023, through April 19, 2024. The estimated value for this six (6) month extension is $2,296,691.58. This total was calculated based on averaging the total monthly amounts from the FY23 quarterly sales reports for each individual category of scooters.

(4) An identification of the statutory authority permitting other than full and open competition.

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) A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

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 availability of Scooters for nationwide usage and to enhance the quality of care we provide to our Veterans. The incumbent is qualified and capable to continue to provide supplies under this contract without interruption.

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

Strategic Acquisition Center (SAC)

It is anticipated that the technical evaluations will be completed at the end of December 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. 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 and the duplication of acquisition costs in soliciting other offers while a new competitive contract is being put in place.

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.

(6) A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies.

The Government has publicized the follow-on requirement as a small business set aside and was made available at the Government Point of Entry (GPE) sam.gov in accordance with FAR 5.201.

No potential sources was solicited for this extension as no other offeror will be able to provide services in the short time frame before expiration.

(7) A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

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 36C10G18D0056.

(8) A description of the market research conducted (see part 10) and the results or a statement of the reason market research was not conducted.

No additional market research was conducted for this action.

https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202 http://www.fedbizopps.gov/ http://www.fedbizopps.gov/

Strategic Acquisition Center (SAC)

(9) Any other facts supporting the use of other than full and open competition.

None

(10) A listing of the sources, if any, that expressed, in writing, an interest in the acquisition

None.

(11) A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

This action is a six (6) month supplement agreement. while the Government publicizes and competes the follow-on contract via beta.sam.gov.

Technical Representative Certification:

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.

Rodney B. Hickson Deputy Program Manager Medical Supplies Program Office (MSPO)

(12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer ’s knowledge and belief.

Contracting Officer Certification:

Pursuant to FAR 6.303-2(a)(12), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Zachary Wilcox Contracting Officer Strategic Acquisition Center (SAC)

Strategic Acquisition Center (SAC)

In my role as Contracting Activity Competition Advocate, based on the foregoing justification, I hereby approve this acquisition on an “other than full and open competition” basis pursuant to the statutory authority cited in paragraph four above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition. As this action does not exceed $15M, the certification below required by FAR 6.304 serves as approval.

Adam Spacht Director, Compliance and Internal Control Service, SAC-Fredericksburg Local Competition Advocate (SAC-Fredericksburg)