P03-SSJ Eyeglasses VISN 1 - 36C241-21-AP-0042.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C241-21-AP-0042

1. Contracting Activity: Department of Veterans Affairs, VISN 01, All Medical Centers The U.S. Department of Veterans Affairs, Contracting Office NCO 1 proposes the following justification for an interim contract for the Eyeglasses and Optician services on a basis of other than full and open competition for the VISN 1 Prosthetics Service Line.

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

The nature of the requirement is the ability to award an interim contract for the Eyeglass and Optician services currently being performed by PDS Consultants, Inc. Provision of such services are based upon the current VISN 1 Contract, VA241-15-D-0078. This proposed interim contract is for a period of six months with an option to extend for six additional months, while the long-term solution (5 Year Indefinite Delivery Indefinite Quantity (IDIQ) contract) is solicited, evaluated and awarded. This will also allow for the transitional period if necessary. Since this requirement is direct patient care, ongoing services are required. This proposed interim contract will allow for continued services and avoid an unnecessary unauthorized commitment that would require ratification. Interruption of services is not an option as it would place Veteran patients at risk of not receiving care as required by Physician orders entered in CPRS.

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

The Department of Veterans Affairs (VISN 01) has an ongoing program to provide Eyeglass and Optician services through the Optometry Department at the VA facilities. Eyeglasses that are given to the Veterans are ordered, fitted, adjusted and repaired by the contract opticians. This is a critical part of the eye-care process for the Veterans and cannot lapse in between obtaining a new contract. The estimate for the interim contract is based on the quantities in last option year of Contract VA241-14-D-0078.

i. Forecast Base Six-Month Period: $2,245,248

ii. Forecast Option Six-Month Period: $2,245,248

iii. Forecast Total Base Six-Month + One Six-Month Option Period: $4,490,496

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 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;

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( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5; ( ) (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 or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

This contract is being procured on a sole source basis because the long-term solution (Five Year Indefinite Delivery/Indefinite Quantity (IDIQ) contract) has yet to be awarded. The services required are direct patient care services and services cannot be interrupted. VISN 1 patients requiring Eyeglasses or Optician services based upon an Optometrist’s or Ophthalmologist’s signed consult, all require precise fabrication specific to the patient and delivery to the patient’s home. Without a contract, each individual requirement would need to be sourced in order to fulfill the patient's needs. The contract Statement of Work (SOW) requires the vendor to provide eyeglasses to the specific prescription of the patient and that the contract opticians have the knowledge of precisely fitting the patient and performing minor repairs and services. Eyeglasses are made to order specifically to the patient and would cost far more to outsource privately.

The proposed contract is an interim contract for a base of six months with one option to extend for an additional six months, while the long term solution (5 Year Indefinite Delivery Indefinite Quantity (IDIQ) contract) is solicited, evaluated, awarded and transitioned to the new contractor if the incumbent is not awarded the long term solution. Any contractor will require 45 to 60 days to hire licensed opticians, build up its eyeglass fabrication capacity – including lens and frame inventory, and develop or integrate an electronic order tracking system, and cover all billing through the 4-SIGHT eyeglass billing software. As stated above, this requirement is direct patient care and ongoing services are required. This proposed interim contract will allow for continued services and avoid unnecessary unauthorized commitments that would then require ratification. Interruption of services is not an option.

The incumbent contractor, PDS Consultants, Inc., who is an SDVOSB vendor, has been providing the eyeglasses, frames and optician services required since 2015 and would not require a transitional period for this proposed interim contract.

The current contract expires on October 27, 2020. This acquisition is expected to result in a firm fixed Price Indefinite Delivery/Indefinite Quantity interim contract from October 28, 2020 through April 27, 2021 with a six-month option to extend. The realistic estimated dollar value is $374,208 per month, for a total estimate of $4,490,496 for the entire life of the interim contract.

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

Competition is not available. It is only practicable to solicit from one Contractor (The incumbent) for the purposes of the interim contract. This is due to the 30 to 60 day transition period that would be necessary if this was competed and the time it takes to get a contract in place.

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

The Contracting Officer determines the pricing will be fair and reasonable based upon a comparison of the prices to the Independent Government Estimate and historical pricing for the same or similar service. The incumbent has replied with their interest in the interim contract and have stated that the pricing will remain the same as the prices awarded under VA241-15-D-0078.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Related market research was conducted using VIP, SAM, SBA, GSA and other searches based on NAICS code 339115. PDS Consultants, Inc. is a verified SDVOSB, which is active through 08/09/2022.

The required services are not available under mandatory or other awarded contracts.

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 the investigations. PDS Consultants employees have adjudicated investigations and therefore 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 that they are interested in the interim contract.

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 proposed interim contract will cover the minimal time necessary. The government is anticipating a 6 month contract (With the potential for one (1) six month option) with the incumbent so that the 5 year IDIQ contract can be competed in accordance with Federal Acquisition Regulations. The 6 month option will only be exercised in the event of a protest or additional time necessary to transition to a new contractor as necessary.

V

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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.

Name: Alexander Dowgiallo, MA Date Title: VISN 1 Prosthetics Health Systems Specialist/COR Facility: VISN 1 – VA New England Healthcare System

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.

Name: Gail Grundy Date Title: Contract Specialist Facility: Network Contracting Office 1 (New England) (90C)

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.

Name: Denise West Date

Division Chief, Division 2 Network Contracting Office 1

October 7, 2020 Alexander L.

Dowgiallo 220604

Digitally signed by Alexander L.

Dowgiallo 220604 Date: 2020.10.07 14:02:00 -04'00'

Gail A. Grundy 136607

Digitally signed by Gail A. Grundy 136607 Date: 2020.10.20 08:15:43 -04'00'