SOLE SOURCE JUSTIFICATION.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items, Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

36C247-25-AP-0683, Home Oxygen and Ventilator Services

Effective Date: 11/15/24 Page 3 of 4

REVISION: 01

Acquisition ID#:

expires November 30, 2024, and the new long-term contract requires additional time due to unforeseen delays. As a result, the requirement is to be sole source to TransOx, Inc. to prevent a break in services and allow the time needed for the new long-term contract to be awarded. The long-term requirement is pending GAO recommended actions, source selection decision, and award. This requirement intends to continue services until the long-term contract can be awarded and to prevent a break in services.

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 36C24724D0019 and the market survey comparing prices to similar supplies and services. The current monthly cost ranges between and

. The proposed cost of services has increased but is still deemed reasonable based on market research and market survey.

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

Reasons Market Research Was Not Conducted:

Veteran Small Business Certification (VetCert) AbilityOne

FPI

FPDS

Contract Directory

As required by FAR Part 10, a search was conducted on VetCert using NAICS “532283” for servicedisabled veteran-owned small businesses (SDVOSB) and veteran-owned small businesses (VOSB) capable of providing Home Oxygen and Ventilator Services for the Department of Veteran Affairs, Birmingham VA Medical Center. The results identified 125 SDVOSBs and VOSBs potentially capable of providing the service. Although 125 SDVOSBs and VOSBs were identified, TransOx, Inc. is the incumbent, and the requirement is for a bridge contract to continue services until the long-term contract is awarded. Soliciting the requirement will risk a break in services, which may cause harm or death to beneficiaries currently receiving services.

Conducted a supply search on the AbilityOne website using the keyword(s) “Home Oxygen Services” for mandatory sources as required by FAR Part 8.002. The result identified “0” contractors potentially capable of providing the service.

Conducted a supply search on the Federal Prison Industries website using the keyword “Home Oxygen Services” for mandatory sources as required by FAR Part 8.002. The result identified 0 potential sources.

Conducted a search on the Interagency Contract Directory using the keyword “Home Oxygen Services” to identify a potential Indefinite Delivery Vehicle to order the requirement against. The Interagency Contract Directory identified 24 IDVs. Although 24 IDVs were identified, there were no internal contracts/ BPAs capable of providing the requested services, as the IDVs were for agency use only.

Searched FPDS to collect data on previous actions using Home Oxygen Services as the search criteria.The result identified 11,459 previous actions from the Department of Veterans Affairs. The information assessed exhibited that many contractors could potentially

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items, Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

36C247-25-AP-0683, Home Oxygen and Ventilator Services

Effective Date: 11/15/24 Page 4 of 4

REVISION: 01

Acquisition ID#:

provide the requested services. However, since this is a request for the continuation of services to prevent a break in services, other contractors will not satisfy the requirement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: This acquisition for home oxygen services is critical to patient care & safety. A gap in services could potentially cause harm or death to veterans receiving home oxygen services through Birmingham VA Medical Center. To prevent a gap in services, a sole source to TansOx, Inc.

is not only necessary but needed. This approach is in the best interest of the Government.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: TransOx, Inc. is the only source that expressed interest in result of the requirement being single-sourced to contractor. No other sources were sought for this requirement based on the time available and the new long-term contract pending GAO recommended corrective action and source selection decision.

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 GAO decision following a protest. Contractors have theright to protest per FAR 15, and there is no way to predict a contractor's decision to protest a requirement.

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.