VA261-17-D-0005-P00010001.pdf

OFOC SOP Revision 08 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: VA261-19-AP-1873 Contract / Modification No.: VA261-17-D-0005, Mod P00010

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 21, on behalf of

VA Pacific Islands Health Care System (VAPIHCS).

2. Nature and/or Description of the Action Being Processed: This justification and approval is to support an out-of-scope contract modification to extend the term of the contract by six (6) months to November 30th, 2019, and add two (2) 3-month options. The value of the contract extension with options is $968,587.71.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The requirement is to provide home oxygen services for Veteran beneficiaries within the VA Pacific Islands Health Care System service territory. The volumes or amounts shown in the schedule are estimates only. The contractor shall provide all required supplies, materials, labor, supervision, transportation, patient education, and safety management and infection control. The service supports the hospital’s P&SAS department. The current contract expires May 31st, 2019, and services need to be extended by six

(6) months while the VA completes corrective action in response to a GAO protest (the protest was dismissed based on VA’s representation to take corrective action and re-evaluate offerors.) Two (2) 3-month options are being added to contract to assist, if needed, with completing corrective action.

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 FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per 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): Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements (FAR 6.302-1) – Home oxygen services are currently being provided by Apria Healthcare. Competing the bridge contract could potentially cause severe delays in delivering service. At this time, Apria Healthcare, LLC, a large business, is the only firm capable of providing the necessary supplies and services described in Section 3 above in a timely manner, without the Veteran’s Health Administration experiencing unacceptable or severe delays in fulfilling its requirements.

https://www.acquisition.gov/?q=/browse/far/6

OFOC SOP Revision 08 Page 2 of 3

Revision 08 Date: 04/18/2018

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The VA has made efforts to competitively solicit a VISN-wide solicitation in accordance with FAR Part 15, and award of the requirement resulted in a GAO protest. This modification is needed while VA completes corrective action in response to a GAO protest (the protest was dismissed based on VA’s representation to complete corrective action.)

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer has determined that the anticipated prices for this out-of-scope contract modification will be the same for the six month extension and for both options as those prices stated in current contract. These rates have already been determined fair and reasonable prior to contract award.

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

Market Research Was Not Conducted: Market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties. However, only one source is capable of providing continuity of service at this time for the bridge contract extension: Apria Healthcare, LLC.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: This is contemplated to be an out-of-scope contract modification and needs to be extended by six (6) months while the VA completes corrective action in response to a GAO protest and re-evaluate offers. Two (2) 3-month options are being added to the contract to assist, if needed, with completing corrective action.

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

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 VA has made efforts to competitively solicit a VISN-wide solicitation in accordance with FAR Part 15, and award of the requirement resulted in a GAO protest. This modification is needed while the VA completes corrective action in response to the GAO protest.

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.

Raymond Madrid Date Prosthetics Chief, VA Pacific Islands Health Care System

OFOC SOP Revision 08 Page 3 of 3

Revision 08 Date: 04/18/2018

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.

Angela Oppenheimer Date Contracting Officer / NCO 21

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.

Brooke C. Robison Date Director of Contracting / NCO 21

c. VHA SAO 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 $68 million) or approve ($700K to $68 million) for other than full and open competition.

Curtis M. Jordan Date Executive Director, Regional Procurement Office (RPO) West Head of Contracting Activity (HCA) http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx VHAMACRobisB Typewritten Text

23 MAY 19