Sole Source Justification-Columbia Home Oxygen and Ventilator Services.pdf

Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9 ACQ-Plan: 36C247-26-AP-4283

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 4 Revision: 05 Effective Date: 12/15/2025

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C247-26-AP-4283, VA Columbia South Carolina Health Care System Home Oxygen and Ventilator Services

1. Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service Networks (VISN) 07, Wm.

Jennings Bryan Dorn Department of Veterans Affairs 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 4-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 RFO 6.103-5. The home oxygen and ventilator services requirement will be sole-sourced to TransOx, Inc for the VA Columbia South Carolina Health Care System. The total estimated amount for this 4-month bridge contract is estimated at . The period of performance for this requirement will be from October 01, 2026 to January 31, 2026. The pricelist for this requirement is as follows:

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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 36C24726D0030 expires on September 30, 2026, and the new long-term contract will not be awarded in sufficient time. The proposed long-term requirement is pending decision from the Court of Federal Claims. Due to the additional time required, the bridge contract is necessary to ensure veterans' care is not interrupted.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The VA Columbia South Carolina 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, 2025.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S. Code §

8127(c), as implemented by RFO 6.103-5 (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:

( X ) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a certified veteran-owned small business

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): 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 SBA Protest decision. 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 Columbia South Carolina 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).

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6. 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 RFO 6.301 and, if not, which exemption under RFO 5.101(b)(1) 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 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: In accordance with RFO 8.102, AbilityOne was considered; however, no sources were found to satisfy the requirement.

The GSA eLibrary website was searched to identify potential GSA and VA FSS contracts. GSA eLibrary identified 0 IDVs capable of satisfying the services.

The SBA Dynamic Small Business website was searched to identify small businesses capable of satisfying the requirement. The search identified and found the following certified small businesses information under the NAICS 621610:

SDVOSB-627

VOSB-673

EDWOSB-174

HUBZONE-43

WOSB-444

8(a) and 8(a) Joint Venture-45

Conducted a search on SAM.GOV to collect data on previous awards using the keyword(s) “Home Oxygen Services” and Department of Veterans Affairs as the search criteria. The result identified 3,596 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.

TransOx, Inc – Certified SDVOSB Eagle Home Medical Corp – Certified SDVOSB Panakeia, LLC – Certified SDVOSB Hometown Veterans Medical, LLC – Certified SDVOSB Veterans First Healthcare - Certified SDVOSB

The Supply Chain Master Catalog website was searched to identify potential IDVs. SCMC identified multiple IDVs.

The identified IDVs were for the awarding agency's use only or did not satisfy the requirement.

Based on experience procuring Home Oxygen and Ventilator Services, there are multiple SDVOSBs that can provide the services needed. There is not enough time to properly solicit and competitively award a new short-term contract, nor would it be in the Government's best interest.

The previous market research for IDIQ contract 36C24726D0030 recommended sole-sourcing the requirement to prevent a service gap resulting from the pending decision from Court of Federal Claims.

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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).

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 Columbia South Carolina 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, Jennings Bryan Dorn Department of Veterans Affairs Medical Center's long-term requirement for home oxygen and ventilator services is currently SBA Protest Decision. 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 b.One Level Above the Contracting Officer (Required over the SAT but not exceeding $900K): I certify the justification meets requirements for other than full and open competition.

LEONARD

ROBINSON

Digitally signed by LEONARD

ROBINSON

Date: 2026.09.14 15:54:17 -04'00'