NCO17-FY22-166 JOFOC 36C257-22-AP-2089.pdf

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

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C257-22-AP-2089 JOFOC Log Number: 2022-02-04T05:50:32

1. Contracting Activity: Department of Veterans Affairs, VISN 17, Network Contracting Office 17.

2. Nature and/or Description of the Action Being Processed:

This procurement is for prescription eyeglasses, in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

A firm-fixed-price indefinite-delivery indefinite-quantity (IDIQ) contract was awarded, effective

February 28, 2021, 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) 17. The sole source contract includes a three (3) month base period with one three (3) month option period.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The list below are the supplies and services required by VISN 17. A short-term, emergency IDIQ contract was 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 17 to prevent a lapse in these critical healthcare products and services while the agency iscompleting the long-term contract.

Item Number

Description Estimated 3- Month Qty

Estimated Unit Price

Estimated Extended Price

0001 Single Vision Eyeglasses

AA Glass 5 $28.00 $140.00

AB Plastic-CR39 3,830 $23.00 $88,081.95

AC Polycarbonate 3,162 $24.00 $75,888.00

AD Hi-Index 448 $48.00 $21,504.00

AE Photochromatic Plastic 427 $58.00 $24,766.00

0002 Bifocal

AA Glass 8 $29.00 $232.00

AB Plastic-CR39 6,787 $26.00 $176,451.60

AC Polycarbonate 4,699 $27.00 $126,878.40

AD Hi-Index 311 $51.00 $15,861.00

AE Photochromatic Plastic 1,045 $61.00 $63,757.20

0003 Trifocal

AA Glass 0 $31.00 $0.00

AB Plastic-CR39 862 $28.00 $24,136.00

AC Polycarbonate 993 $29.00 $27,069.18

AD Hi-Index 48 $53.00 $2,544.00

AE Photochromatic Plastic 197 $63.00 $12,411.00

0004 Progressive (No-Line)

AA Glass 0 $44.00 $0.00

AB Plastic-CR39 1,890 $41.00 $46,494.00

AC Polycarbonate 2,016 $42.00 $46,569.60

AD Hi-Index 511 $66.00 $33,726.00

AE Photochromatic Plastic 128 $76.00 $9,728.00

0005 Lens Only

AA SV-Glass, Plastic-CR39, Polycarbonate, Hi-Index 1 $45.00 $45.00

AB Bifocal (Plastic-CR39, Hi-Index, Polycarbonate) 1 $48.00 $48.00

AC Trifocal (Plastic-CR39, Hi-Index, Polycarbonate) 1 $50.00 $50.00

AD Progressive (Plastic-CR39, Hi-Index, Polycarbonate) 1 $63.00 $63.00

0006 Optician Services

AA Optician, Full Time Employee (FTE) - Amarillo, TX 520 $28.80 $14,976.00

AB Optician, Full Time Employee (FTE) - Lubbock, TX 520 $28.80 $14,976.00

AC Optician, Full Time Employee (FTE) - Big Spring, TX 520 $27.60 $14,352.00

AD Optician, Full Time Employee (FTE) - Dallas, TX 520 $33.60 $17,472.00

AE Optician, Full Time Employee (FTE) - Bonham, TX 520 $25.20 $13,104.00

AF Optician, Full Time Employee (FTE) - Tyler, TX 520 $26.40 $13,728.00

AG Optician, Full Time Employee (FTE) - Ft. Worth, TX 520 $30.00 $15,600.00

AH Optician, Full Time Employee (FTE) - San Antonio, TX 520 $31.20 $16,224.00

AI Optician, Full Time Employee (FTE) - Lackland, TX 520 $25.20 $13,104.00

AJ Optician, Full Time Employee (FTE) - Temple, TX 520 $33.60 $17,472.00

AK Optician, Full Time Employee (FTE) - Waco, TX 520 $25.20 $13,104.00

AL Optician, Full Time Employee (FTE) - Austin, TX 520 $26.40 $13,728.00

AM Optician, Full Time Employee (FTE) - VAHCS Harlingen, TX 520 $26.40 $13,728.00

AN Optician, Full Time Employee (FTE) - El Paso, TX 520 $30.00 $15,600.00

AO Optician, Full Time Employee (FTE) - McAllen, TX 520 $28.80 $14,976.00

AP Optician, Full Time Employee (FTE) - Corpus Christi, TX 520 $28.80 $14,976.00

AQ Optician, Full Time Employee (FTE) - Kerrville, TX 520 $28.80 $14,976.00

AR Optician, Full Time Employee (FTE) - Garland, TX 520 $28.80 $14,976.00

AS Optician, Full Time Employee (FTE) - Palestine, TX 520 $28.80 $14,976.00

AT Optician, Full Time Employee (FTE) - Bryan/College Station, TX 520 $28.80 $14,976.00

AU Optician, Full Time Employee (FTE) - Brownwood, TX 520 $28.80 $14,976.00

AV Optician, Full Time Employee (FTE) - Cedar Park, TX 520 $28.80 $14,976.00

AW Optician, Full Time Employee (FTE) - Pflugerville, TX 520 $28.80 $14,976.00

AX Optician, Full Time Employee (FTE) - Killeen, TX 520 $28.80 $14,976.00

AY Optician, Full Time Employee (FTE) - Copperas Cove, TX 520 $28.80 $14,976.00

AZ Optician, Full Time Employee (FTE) - San Marcos, TX 520 $28.80 $14,976.00

Estimated Total Cost $1,254,151.00

Period of Performance: 2/28/2022-5/27/2022 (Option Expiration: 8/27/2022) Total Estimated Value, including Options: Not to Exceed $5,000,000.00

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:

( ) 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

(X) 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):

The current contract with PDS was set to expire on February 27, 2022, VISN 17 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 February 27, 2022. VA awarded the short-term, emergency IDIQ contract to PDS, effective February 28, 2021, on a sole source basis pursuant to 38 USC 8127(c). It was in the best interest of the government and the Veterans it serves to ensure that there was no disruption in the provision of these medically necessary and critical healthcare products and services. PDS is a verified service-disabled veteran-owned small business (SDVOSB) manufacturer of eyeglasses. As the incumbent, PDS provided approximately 144,332 pairs of eyeglasses per year as well as the required optician services. PDS possesses the requisite capabilities, knowledge and expertise to manufacture and provide the eyeglasses and required optician services. PDS has made assurances that it will comply with the applicable limitations on subcontracting

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

VA awarded a short-term contract to PDS on a sole source basis pursuant to its authority under 38 USC 8127(c) to ensure there was no lapse in services during the pendency of corrective action taken in response to a GAO protest. PDS is in the incumbent contractor. Market research will be performed prior to competitively procuring this requirement.

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

None

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

Market Research Was Not Conducted:

Market Research was conducted in accordance with FAR part 10, VAAR part 810, and PPM 2016-05 (Revised Aug 2019).

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

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

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 follow-on IDIQ contract has been solicited on a competitive basis. The eCMS long-term milestones are as follows:

MILESTONE PLANNED DATE

1. Acquisition Plan Approved 04/05/2021

2. Statement of Work 03/10/2021

3. Specifications 03/10/2018

4. Data Requirements 03/10/2018

5. Completion of Acquisition Package Preparation 03/10/2018

6. Purchase Request 03/10/2018

7. Justification and approval for other than full and open competition where applicable and/or any required D and F approval

N/A

8. Issuance of Synopsis 05/03/2021

9. Issuance of Solicitation 07/02/2021

10. Evaluation of Proposals 12/27/2021

11. Beginning and Completion of Negotiations 02/18/2022

12. Contract Preparation, Review, and Clearance 03/18/2022

13. Contract award 04/01/2022

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.

Steven Frank Date Chief, Prosthetics

VISN 17

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.

Daryl Stewart Date Branch Chief, Prosthetics Team NCO 17, RPO-West https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

VHANTXSTEWAD2

Typewritten Text 03/21/2022

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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.

Name: Jeff Morris Date NCO17/Division Chief Service 2

Facility: NCO 17, RPO West

Name: Mark A. Layman Date Director of Contracting

Network Contracting Office 17 VHA Regional Procurement Office West

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.

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