Sole Source Justification-Birmingham Home Oxygen Services.pdf

Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008 36C247-26-AP-1071 VA Birmingham Health Care System Home Oxygen and Ventilator Services

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 4 Revision: 04 Effective Date: 11/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C247-26-AP-1071, VA Birmingham Health Care System Home Oxygen and Ventilator Services

1. Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service Networks (VISN) 07, Birmingham VA Medical Center, 2237(s) Purchase Request: N/A – Paid through 1358(s)

Network Contracting Office 7 – Atlanta LaVista Business Park-Building A 2008 Weems Road Tucker, GA 30084

2. Nature and/or Description of the Action Being Approved: The purpose of this requirement is to award a 3-month IDIQ bridge contract for home oxygen services using Other Than Full and Open Competition (OFOC) in accordance with U.S.C 8127 as implemented by FAR 6.103-5. The home oxygen and ventilator services requirement will be sole-sourced to TransOx, Inc for the VA Birmingham Health Care System. The total estimated amount for this 3-month bridge contract is estimated at . The period of performance for this requirement will be from December 01, 2025 to February 28, 2026. The pricelist for this requirement is as follows:

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 4 Revision: 04 Effective Date: 11/15/2024

The nature of the new FFP procurement is to create a bridge contract to prevent a break in services (Continuation of Services). The current home oxygen and ventilator services contract 36C24725D0045 expires on November 30, 2025, and the new long-term contract will not be awarded in sufficient time. The proposed long-term requirement is pending OGC Source Selection Decision (SSD) corrections. Due to the additional time required, the bridge contract is necessary to ensure veterans' care is not interrupted.

Description of Supplies/Services Required to Meet the Agency’s Needs: The VA Birmingham Health Care System has an ongoing and continuous need to contract home oxygen supplies and services. The incumbent shall provide medical oxygen systems, including medical oxygen cylinders and related accessories, delivery, set-up, preventive maintenance, and repair of both contractor and Government-owned equipment at the home of patients of the VA Medical Center to meet the needs of VA beneficiaries. The requested period of performance is as follows: December 01, 2025 to February 28, 202 .

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:

819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or

Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The Government does not have the capability to provide home oxygen services. A review of the potential acquisition alternatives was performed, considering previous acquisitions of this service, the impact of prior acquisitions on these alternatives, and related in-house efforts. The best acquisition method was identified as a separate contract award, based on the time required to award the new home oxygen contract, resulting from the new long-term requirement pending OGC solicitation review. TransOx, Inc, the incumbent, is providing services and has the qualifications to meet the demands of set-up and delivery of home oxygen services, providing education and operating instructions directly to veteran recipients on using home oxygen machines safely. TransOx, Inc has been performing satisfactorily with no complaints for the VA Birmingham Health Care System. In addition, it is in the Government's best interest to sole-source this acquisition to TransOx, Inc, to prevent a break in services (Continuation of Services).

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. and, if not, which exception under FAR 5. applies: Based on the current contract status for home oxygen services, there is a need to ensure that direct patient care is not interrupted. An interruption in services could cause harm or death to

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 4 Revision: 04 Effective Date: 11/15/2024 patients. The current home oxygen contract cost has reached its threshold ceiling, and the new long-term contract requires additional time due to unforeseen delays. As a result, the requirement is to be awarded to TransOx, Inc, as a sole source, to prevent a break in services and allow the time needed for the new long-term contract to be awarded.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The cost to the Government was deemed fair and reasonable based on the current contract comparison to the current contract, the IGCE, and the market survey comparing prices to similar supplies and services. The current monthly cost ranges between . The proposed price for services remains unchanged.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: A search was conducted on VetCert using NAICS code “532283” for service-disabled veteran-owned small businesses (SDVOSB) and veteran-owned small businesses (VOSB) potentially capable of providing home oxygen and ventilator services to the Department of Veterans Affairs, VA Birmingham Health Care System. The results identified 125 SDVOSBs and VOSBs capable of providing the service.

Conducted a service search on the AbilityOne website for mandatory sources as required by FAR Part 8.002. The result identified “0” contractors potentially capable of providing the services.

Conducted a search on the Interagency Contract Directory to identify potential Indefinite Delivery Vehicles. The Interagency Contract Directory identified 100 IDVs. Although 100 IDVs were identified, the IDVs were for agency use only. No mandatory VA sources were identified.

Conducted a search on GSA eLibrary to identify potential GSA and VA FSS contracts. GSA eLibrary identified 0 contracts and BPAs.

Conducted a search on the SBA Dynamic Small Business website and found the following certified small businesses information under the NAICS 532283:

SDVOSB-152

VOSB-34

EDWOSB-13

HUBZONE-10

WOSB-43

8(a) and 8(a) Joint Venture-9

Conducted a search on FPDS-NG to collect data on previous actions using the keyword(s) “Home Oxygen Services” and Department of Veterans Affairs as the search criteria. The result identified 11,863 previous actions from the Department of Veterans Affairs. Several SDVOSBs were identified during the search, including TransOx, Inc., Panakeia, LLC, and Eagle Home Medical Corp. The result provided an expectation that two or more SDVOSBs will submit an offer that will satisfy the Rule of Two in accordance with FAR Part 19.

Hometown Veterans Medical, LLC – VetCert-certified Eagle Home Medical Corp – VetCert-certified Panakeia, LLC – VetCert-certified Hometown Veterans Medical, LLC – VetCert-Certified Veterans First Healthcare - VetCert-Certified

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no other supporting details as the requirement will be sole sourced IAW U.S.C 8127(c).

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 4 of 4 Revision: 04 Effective Date: 11/15/2024

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: TransOx, Inc is the only source sought as a result of the requirement being source-sourced to the incumbent. The long-term contract had multiple SDVOSBs interested in the VA Birmingham Health Care System Home Oxygen and Ventilator Services.

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: Due to unforeseen circumstances, Birmingham VA Medical Center's long-term requirement for home oxygen and ventilator services is currently pending OGC SSD corrections. The new long-term requirement was competed amongst SDVOSBs. To avoid such barriers, acquisition package will be sought earlier from program offices.

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.

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.

Leonard Robinson Date Contract Officer RPO-East, Network Contract Officer 07

11-18-2025

LEONARD

ROBINSON

Digitally signed by

LEONARD ROBINSON

Date: 2025.11.18 12:46:53 -05'00'