P03-36C24721AP2053 JA VISN Eyeglasses and Optician Svs 04-01-2021 thru 08-31-2021 Revision 03-04-2021-HCA Approved.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 11 Page 1 of 5 Original Date: 03/22/11 Revision 10 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C247-21-AP-2053

1. Contracting Activity:

Department of Veterans Affairs, Southeast Network Veterans Integrated Services Network (VISN) 7, 1670 Clairmont Rd.

Atlanta, GA. 30030

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

Network Contracting Office (NCO) 7 intends to award a new sole source contract to Superior Optical Labs, Inc., a Service-Disabled Veteran Owned Small Business (SDVOSB), registered in the Vendor Information Pages (VIP) for Prescription Eyeglasses and Optician Services.

This requirement is for the manufacturing and delivery of both dress and safety prescription eyeglasses to include optician services provided by a licensed optician. Contractor shall offer both dress and safety frames, as well as single vision, bifocal, trifocal, and progressive lenses. The proposed sole source contract is for a five-month period. The anticipated performance period is April 1, 2021 through August 31, 2021.

Superior Optical Labs, Inc. is currently performing under contract 36C24720D0034 which will expire on March 31, 2021. Performance is needed to support patient care until a competitively awarded contract can be completed.

Based on the opinion and order issued by the U.S. Court of Federal Claims on October 21, 2020 in Superior Optical Labs, Inc. v. U.S. and Winston-Salem Industries for the Blind, No.

20-1211C, the VA is permanently enjoined from transitioning the VISN 7 prescription eyeglass and optician services requirement to the AbilityOne program, as originally intended as a result of the Department of Veterans Affairs Contracting Preference Consistency Act of 2020, Pub. L. No. 116-155, which amended 38 U.S.C. § 8127. As such, the VISN 7 Prescription eyeglasses and optician services requirement will remain with SDVOSB concerns until the VA rule of two can no longer be met in accordance with 38 U.S.C. § 8127(d)(2)(B).

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

The Department of Veterans Affairs (VA) has an ongoing program to provide prescription eyeglasses (both dress and safety) and optician services to eligible veterans. The provision of corrective eyeglasses is required for eligible veterans to meet their optic and low vision medical needs. The VA eye clinic prescribes corrective lenses based upon a medical exam.

The clinical judgement and assessment are used to determine medical necessity in

OFOC SOP Revision 11 Page 2 of 5

Revision 10 Date: 02/11/2021 conjunction with VHA Directive 2008-070 (Prescribing Hearing Aids and Eyeglasses) and 39 CFR 17.149 (Sensory-Neural Aids). Eyeglasses are not an emergent service and follow the administrative standard for assessment and procurement practices. The Contractor shall provide all labor and materials necessary to provide prescription eyeglasses and in-house (onsite at VA facilities) optician services.

The Contractor is to provide prescription eyeglasses and optician services by a licensed optician according to contract specification for beneficiaries of the following sites of care and their entire catchment areas, including their respective Community Based Outpatient Clinics (CBOCs), within the Veterans Integrated Service Network (VISN) 7 VA Health Care Network:

Atlanta VAMC (508) 1670 Clairmont Rd Decatur GA 30033

Augusta VAMC (509) 1 Freedom Way Augusta GA 30904

Birmingham VAMC (521) 700 South 19th St Suite 500, 950 N 22nd St Birmingham AL 35233

Charleston VAMC (534) 109 Bee St Charleston SC 29493

Columbia VAMC (544) 6439 Garners Ferry Rd

Dublin VAMC (557) 1826 Veterans Blvd Dublin GA 31021

Central Alabama VA Health Care System (619) 215 Perry Hill Rd Montgomery AL 36109

Central Alabama VA Health Care System (619) West Campus 2400 Hospital Rd Tuskegee AL 36083

Tuscaloosa VAMC (679) 3701 Loop Rd East Tuscaloosa AL 35404

Columbia SC 29209

VA will award a single, firm-fixed-price, IDIQ contract. The number of patients covered by this contract is expected to increase/decrease among VISN 7 patients and dependent upon beneficiaries added or removed throughout the contract term. The volumes or amounts of prescription eyeglass orders shown below are estimates only. These estimates are based on historical data (quantities of eyeglasses ordered for Veteran patients in the VISN 7 Medical Center Optical Clinics during the last fiscal year and includes optician services. The Independent Government Estimate for the five-month period is $3,245,163.33. The estimated number of patients is 12,566 patients per month for the five-month performance period of April 1, 2021 through August 31, 2021. The total patient count estimate for this period is 62,830.

OFOC SOP Revision 11 Page 3 of 5

Revision 10 Date: 02/11/2021

Facility Estimated Five Month Quantity

508 Atlanta 11670

509 Augusta

521 Birmingham

534 Charleston

544 Columbia 11000

557 Dublin

619 Central Alabama

679 Tuscaloosa

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

() (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

() (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

() (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

() (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

(X) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5; 38 USC 8127(c) Sole Source Awards to SDVOSB under $5,000,000.00 () (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

() (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

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):

Superior Optical Labs, Inc. is a verified SDVOSB on the Vendor Information Pages (VIP) and has performed satisfactorily on contracts for similar supplies and services for other Veteran Integrated Service Networks. A short-term contract is considered to be in the best interest of the Government in order to provide uninterrupted services, while pursuing a long-term competitive contract solution.

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

Not Applicable

OFOC SOP Revision 11 Page 4 of 5

Revision 10 Date: 02/11/2021

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

The Contracting Officer will determine fair and reasonableness of the proposed prices through a comparison of the current contract pricing under contract 36C24720D0034. The historical pricing under contract 36C24719D0038 can be used for comparison, as well as the Independent Government Estimate (IGE), and market research in accordance with FAR 13.106-3(a).

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

Reasons Market Research Was Not Conducted:

1. A query was conducted of Vendor Information Pages (VIP) which identified 81 verified SDVOSBs. Superior Optical Lab, Inc. was listed as a verified Service-Disabled Veteran Owned Small Business with a verification expiration date of February 04, 2024. A query of System for Award Management (SAM) website and Superior Optical Labs, Inc. is listed as a small business under this requirement’s NAICS Code 339115 (Ophthalmic Goods Manufacturing) with Size Standard 1000 employees. No active exclusions have been identified.

2. Based upon the performance history we determine that Superior Optical is responsible and capable to provide Prescription Eyeglasses and Optician Services to VISN 7.

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

Prescription Eyeglasses and Optician Services require a high level of oversight to ensure all contract requirements are being met. The VISN 7 Optical staff and Prosthetics and Sensory Aid Service (PSAS) staff are in daily contact with the Contractor and monitor areas such as staff licensing, timeliness of eyeglasses shipping and delivery, compliance with ANSI quality standards, and customer satisfaction survey processing, in addition to working with the contractor to place orders throughout the day when a Veteran is seen by the VA optical shops.

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

Superior Optical Labs, Inc. as a follow on to contract 36C24720D0034 which expires on March 31, 2021 issued as a sole source 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:

VISN 7 NCO is currently pursuing a five-year competitive SDVOSB contract.

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

OFOC SOP Revision 11 Page 5 of 5

Revision 10 Date: 02/11/2021 cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Name: John Rinehart Date Title: VISN 7 Prosthetics Program Manager Facility: RPO-East VISN 7

12. 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.

Name: Laurinda Millage Date Title: Contracting Officer Facility: RPO-East (NCO7)

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Paul E. Marvin Date Director of Contracting Network Contracting Office (NCO) 7 RPO-East

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.

Joseph P. Maletta Date Executive Director, RPO East VHA Head of Contracting Activity (HCA)

03/03/2021

03/03/2021

Laurinda N.

Millage 187269

Digitally signed by Laurinda N.

Millage 187269 Date: 2021.03.03 14:52:23 -05'00'