JOFOC Redacted.pdf

Reference 2237 Number: TBD

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C248-24-AP-6105

I. Contracting Activity: Department of Veterans Affairs, VISN 8, North Florida/South Georgia VAHCS, West Palm Beach VAHCS, Caribbean VAHCS, Tampa VAHCS, Bay Pines VAHCS, Orlando VAHCS, and Miami VAHCS, Prosthetic and Sensory Aids Service (121).

2. Nature and/or Description of the Action Being Approved: This is a request for other than full and open competition to establish a short-term four-month contract with current contractor PDS Consultants, Inc. for furnishing prescription eyeglasses to include frame and lenses to eligible Veterans/Patients that have a need for these prosthetic devices. The initial performance period will be September 1, 2024 through October 31, 2024 (2 months) with two one-month options available.

The estimated amount for the total four (4) months of eyeglass services shall not to exceed $5,000,000.00. A fixed-price indefinite-delivery indefinite-quantity (IDIQ) contract will be awarded, effective September 1, 2024, on a sole source basis pursuant to 38 USC 8127(c) to PDS Consultants, Inc. (PDS), 22 Rainbow Trail, Sparta, NJ 07871, for the provision of prescription eyeglasses and optician services to the eligible veterans in Veterans Integrated Services Network (VISN) 8. The services are being requested by VISN 8 Prosthetic and Sensory Aids Service, locations include North Florida/South Georgia VAHCS, West Palm Beach VAHCS, Miami VAHCS, Caribbean VAHCS, Orlando VAHCS, Tampa VAHCS and Bay Pines VAHCS.

Description of Supplies/Services Required to Meet the Agency's Needs: A short-term 4-month

IDIQ contract will be awarded to the incumbent, PDS, on a sole source basis pursuant to 38 USC 8127(c) for the provision of prescription eyeglasses and optician services to the eligible veterans in VISN 8 to prevent a lapse in these critical healthcare products and services while the agency is completing the long-term contract. PDS Consultants, Inc. will furnish prescription eyeglasses to the VISN 8 Healthcare Systems identified in paragraph one (1) preauthorized individual purchase orders or automated eyeglass ordering and bill processing system (4-Sight), in accordance with the established Statement of Work. The estimated value of this contract will be $5,000,000.00. This needs to be awarded in time for a September 1, 2024, implementation date, to ensure no disruption in providing prescription eyeglasses to our Veteran/Patients. The estimated base period of performance for this contract is September 1, 2024, to October 31, 2024 and includes two (2) 1-month option periods.

PDS Consultants, Inc. is a certified SDVOSB who will furnish prescription eyeglasses to the VISN 8 Healthcare Systems identified in paragraph one (1) per authorized individual purchase orders in accordance with the established statement of need. The VA eye clinics prescribe corrective lenses based upon a medical examination. The clinical judgement and assessments are used to determine medical necessity in conjunction with National VA Policy VHA Directive 1034(1) Prescribing and Providing Eyeglasses, Contact Lenses, and Hearing Aids, dated October 24, 2019, and 38 CFR 17.149 Sensory-Neural Aids. This type of service is critical to the healthcare of our patients; and the

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Revision: 03 Effective Date: 06/15/2024 government requires uninterrupted performance from a contractor with a proven record of safe and reliable performance. The approval of this request is crucial to the continuity of the healthcare of our Veterans. An interruption of performance would be detrimental to the mission of VA as it will have a negative impact that will affect patient care of veteran and their family members who depend upon this service to ensure quality of life and the highest standard of healthy living. If prescription eyeglasses support is interrupted, patient healthcare will be severely impacted as a result of canceled appointments, external VA sourcing at an increase in cost and could severely damage to reputation of VA.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S.

Code§ 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 (DEVIATION) or VAAR

819.7009 (DEVIATION) up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business;

( ) 819.7009 Sole source awards to a certified veteran-owned small business

5. Demonstration that the Contractor's Unique Qualifications and/or Nature of the Acquisition

Requires the Use of the Authority Cited Above (applicability of authority): VAAR 819.7008 (DEVIATION) and VAAR 819.7009 (DEVIATION): VISN 8 has an urgent and immediate need for a short-term contract for the provision of prescription eyeglasses and optician services to avoid a break in service when the incumbent's contract expires on August 31, 2023. The previously awarded five-year contract received an GAO protest.

PDS Consultants has been determined to be the only responsible source that can provide the required services at a fair and reasonable price beginning on September 1, 2024, with no start-up time required. This will ensure uninterrupted optician services and purchase/dispensing of prescription eyeglasses to include frames and lenses. In accordance with 38 U.S.C. 8127(c) PDS Consultants, Inc., a certified SDVOSB, has been determined to be a responsible source with respect to performance. PDS Consultants, Inc. has a proven record of furnishing prescription eyeglasses to the aforementioned VISN 8 Healthcare Systems. The contractor has performed well on all previous long-term and bridge contracts. Since these products and services are critical to the Veterans, the continued use of an experienced company that is familiar with the Governments requirement is paramount. PDS Consultants, Inc. Certified SDVOSB has capability to provide the prescription eyeglasses required by these VISN 8 VA Healthcare Systems and meets all requirements set-forth in the Statement of Work.

While a determination that only one SDVOSB is capable is not required, if a contractor other than then PDS were selected to fulfill the agency's temporary requirement for continued services while the long-term requirement is finalized, they would require additional time to work-up to full capacity before becoming fully proficient with meeting VISN 8 PSAS Facilities (listed above) needs.

Opticians would require background checks that can take up to 120 calendar days to complete. The transition phase would cause disruption in examination of patients' eyes and eyeglass creation and delivery to the Veteran/Patient, thus creating an administrative burden for VA employees and confusion to Veterans/Patients. PDS is the only firm capable to provide this service without VISN 8 experiencing unacceptable delays. Due to time constraints, a new contractor could not provide continued services as they would require 3 - 6 months to staff licensed opticians, increase manufacturing capacity/inventory, develop and integrate an electronic ordering system, and begin billing through the 4-SIGHT eyeglasses billing software.

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/ VOSB Revision: 03

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB

Revision: 03

The approval to permit other that full and open competition will provide sufficient time to avoid a break in service during the solicitation, award, and implementation of the follow-on contract. This short-term contract with a 2-month base period and two 1-month options will be awarded to the incumbent contractor to provide continued services, which will prevent interruption of services that will directly impact the Veterans/Patients and the quality of care as well as patient satisfaction. Due to the transitionary nature of the services needed for the follow-on contract, it is more prudent to use the incumbent contractor, instead of a different contractor, to provide these services until the full five-year contract can be awarded. To introduce a different contractor for such a short duration would create an unnecessary administrative burden and unacceptable operational risk to the Government.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR

Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

The Contracting Officer understands that the authority of VAAR 819.7007 is to be used judiciously and only when in the best interests of the Government. As discussed above, in the present case the VA has a temporary need for continued services while the long-term requirement is finalized and solicited. The short duration of this temporary need and the time sensitive nature of the requirement requires utilizing a company that is familiar with our services and meet the VHA Directive 1034(1) Prescribing and Providing Eyeglasses, Contact Lenses, and Hearing Aids, dated October 24, 2019, and 38 CFR 17.149 Sensor-Neural Aids. Additionally, as discussed above, selecting a contractor other than PDS will require a transition period which could disrupt patient care.

Accordingly, a notice will not be publicized, and VA intends to proceed under the authority of VAAR 819.707.

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

Reasonable: The Contracting Officer has determined the pricing is fair and reasonable based on a comparison of the prices to the Independent Government Estimate and historical pricing for the same or similar requirements. PDS Consultants, Inc Certified SDVOSB. is a nation-wide supplier of prescription eyeglasses with well-established prices. The contractor confirmed they were willing and capable of providing these services, and more importantly, indicated that they would offer the same pricing as on the current interim contract 36C24823D0106, which have previously been determined fair and reasonable. The proposed price has been reviewed and is appropriate for the complexity and uniqueness of this type of requirement. The prices remain unchanged based on fair and reasonable pricing from previous eyeglass contracts with the contractor and will be reviewed prior to award.

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

Market Research Was Not Conducted: This short-term contract will not be synopsized due to urgency. The incumbent meets the eligibility criteria outlined in VAAR 819.7003, they were verified in VIP and the action is below the $SM threshold.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The services necessary under a contract require background investigations in accordance with VA handbook 6500. The licensed opticians have access to VA systems and Protected Health Information requiring these investigations. PDS Consultants Inc's employees have completed investigations and therefore

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB

Revision: 03 can seamlessly transition to the interim contract. Scheduling, conducting, getting the results, and adjudicating these investigations can take up to 120 calendar days.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: PDS Consultants Inc., has confirmed their interest in the interim contract in writing on 8/8/2024.

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: This agency is committed to the competitive spirit of all procurement regulations. The VA has already conducted robust market research in preparation of the long-term contract. Solicitation 36C24823R0045 has been posted on Contracting Opportunities as a 100% SDVOSB set-aside for a one-year base and four (4) 12-month option periods for eyeglass services. This short-term contract is needed to post an amendment on the current solicitation, allow offerors sufficient time to update proposals, and for the agency to evaluate proposals and implement services for the 5-year award.

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.

DigitallysignedbyLORIHANSON Date: 2024.08.27 10:22:30 -04'00'

Lori Hanson Deputy PSAS Manager VISN 8 James A. Haley Veterans' Hospital

8/27/2024

Date

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.

Digitally signed by PAUL JARRET

Date: 2024.08.27 11:02:05 -04'00'

Paul Jarret Contracting Officer NCO-8 North VISN Team

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB

Revision: 03

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $7S0K): I certify the justification meets requirements for other than full and open competition.

STEVEN

SCHARLOW

Steven P. Scharlow

Branch Chief

NCO-8 North VISN Team

Digitally signed by STEVEN

SCHARLOW

Date: 2024.08.27 11:59:47 -04'00'

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 recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

Digitally signed by GERALD

GERALD JACOBS JACOBS

Date: 2024.08.29 16:26:01 -04'00'

Gerald F. Jacobs Executive Director, Regional Procurement Office East