-P00004001.pdf

OFOC SOP Revision 08 Page 1 of 4 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

1. REQUESTING FACILITTY NETWORK CONTRACTING ACTIVITY

VISN 10 VA Medical Centers Network Contracting Office 10

Michigan, Indiana, Ohio 24 Frank Lloyd Wright Drive

Medical Centers and Outpatient Lobby M, Suite 2200

Clinics Ann Arbor, MI 48105

Acquisition Plan: 36C250-19-AP-1820

2. Nature and/or Description of the Action Being Processed: This is a modification extending the period of performance in accordance with FAR 52.217-8 to current contract, 36C25019P0622 issued on January 16, 2019.

Estimated Value: $325,000.00

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This is an acquisition for emergency prescription fills for VISN 10. These services are required when urgent prescriptions need to be filled and the VA Pharmacies do not have the medication available through their respective facilities. This service allows veterans to obtain their medications from local pharmacies in their communities.

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4

( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

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Revision 08 Date: 04/18/2018

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition

Requires the Use of the Authority Cited Above (applicability of authority):

Contract VA251-13-D-0082 expired on 1/15/2019. In order to implement a new contractor there would be a minimum 30-day implementation time for new ordering procedures to be issued. To ensure continuity of services and maintain patient care for VHA VISN 10 medical facilities the

Contracting Officer issued a sole source award, 36C25019P0622 to the incumbent Employee Health

Insurance Management, Inc., DUNS 188049597, a small business. The award was issued because unacceptable delays would result should another contractor receive the award.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: To ensure continuity of services and maintain patient care for VHA VISN 10 medical facilities the Contracting Officer issued a sole source award, 36C25019P0622 to the incumbent Employee Health Insurance Management, Inc., DUNS 188049597, a small business. The contract will provide services for an initial period of performance of 1/16/2019 – 03/15/2019 with the clause 52.217-8 available for use in case of delays in the procurement process. The total period of performance may extend to September 14, 2019. During the procurement process there were unforeseen delays. Solicitation 36C25019Q0010 was issued to replace 36C25019P0622 and subsequently awarded on 3/1/2019 after a competitive procurement. The award was protested and subsequently cancelled for corrective action by the government. Solicitation 36C25019Q0597 is being prepared and expected to be issued by June 6, 2019. The solicitation is expected to be awarded by July 1, 2019 with a performance start date of August 1, 2019.

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

Reasonable: The sole source award to Employee Health Insurance Management, 36C25019P0622 was issued with a performance start date of January 16, 2019. Pricing is consistent with past award, 36C25019P0622, and is considered fair and reasonable. Per FAR 52.217-8 pricing remains the same throughout the extension period.

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

Market Research Was Not Conducted: Market research was performed via VIP IAW VAAR regulations. Used VA’s VIP database to identify verified capable SDVOSB’s and VOSB’s: The CS queried VIP and located 33 SD/VOSB’s in VIP. Contract VA251-13-D-0082 expired on 1/15/2019.

In order to implement a new contractor there would be a minimum 30-day implementation time for new ordering procedures to be issued. To ensure continuity of services and maintain patient care for

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Revision 08 Date: 04/18/2018

VHA VISN 10 medical facilities the Contracting Officer intends to modify the sole source award to the incumbent Employee Health Insurance Management, Inc., DUNS 188049597, a small business.

The contract will provide services for a period of performance of 1/16/2019 – 03/15/2019 with the clause 52.217-8 available for use in case of delays in the procurement process. Should the government exercise FAR 52.217-8 the unlimate completion date could be extended through

September 14, 2019. One (1) small business was a capable party that could ensures services began on 1/16/2019, and that same small business remains as the party capable of continuing services without the risk of interruption or lapse in service. In accordance with FAR 6.302-1 only one responsible source will satisfy the agency requirements. Utilizing another contractor would cause substantial duplication of cost to the government that is not expected to be recovered through competition and would cause unacceptable delays in fulfilling the agency requirements.

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

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

Insurance Management, Inc., DUNS 188049597, a small business

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:

Solicitation 36C25019Q0597 is being prepared and expected to be issued by June 6, 2019. The solicitation is expected to be awarded by July 1, 2019 with a performance start date of August 1, 2019. The solicitation is anticipated to be set aside for Service Disable Veteran Owned Small

Businesses.

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.

Angela Seng Date

Program Specialist, VISN 10

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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.

Christopher Gundy Date

Contracting Officer, NCO 10

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K):

I certify the justification meets requirements for other than full and open competition.

Andrew Craig Date

Branch Chief Services Team #4, NCO 10