Q999--Emergency Sole Source Contract for Eyeglass for VISN 6

For Official Use Only

OFOC SOP Revision 08 Page 1 of 9

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: 36C246-19-AP-0096

Contracting Activity: The Department of Veterans Affairs, Network Contracting Office 6 (NCO 6) located in Hampton, VA proposes to enter into a contract on a basis of other than full and open competition in support of the VISN 6 Prescription Eyeglass Supply and Services requirement for Veteran Beneficiaries. The contract number for this emergency award is 36C24620D0069.

Nature and/or Description of the Action Being Processed: Network Contracting Office 6 intends to award a new contract to Superior Optical Labs, Inc. A sole source firm fixed price contract is contemplated for award. A competitive contract 36C246-20-D-0060 was awarded to Superior Optical Labs, Inc. on March 20, 2020 to provide prescription eyeglass services from April 1, 2020 through March 31, 2025. However, a GAO protest was received on March 30, 2020 to Solicitation 36C246-19-R-00143 that was issued in July 2019 which stopped all further action on this new award.

FAR Part 13.5 Simplified Procedures for Certain Commercial Items: This procurement is for VISN 6 Prescription Eyeglass Supply and Services to all of VISN 6 Veteran Beneficiaries in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

Description of Supplies/Services Required to Meet the Agency s Needs: The requirement is to provide VISN 6 Prescription Eyeglass Supply and Services to all of VISN 6 Veteran Beneficiaries. The total cost is $2,314,800.00 for a three (3) months base period plus one three (3) month option period as follows:

Base Period:

April 1, 2020 June 30, 2020

$1,308,538.00

Option Period:

July 1, 2020 September 30, 2020

$1,308,538.00

Total Contract Cost

$2,617,076.00

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.

Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above: Superior Optical Labs, Inc. is the only firm capable of providing the services described in Section 3 above without VISN 6 experiencing unacceptable delays in fulfilling its requirements to provide prescription eyeglass services to the Veteran Beneficiaries. Superior Optical Labs, Inc. is uniquely qualified to provide prescription eyeglass services to all VISN 6 Veteran Beneficiaries because they are the incumbent contractor with a performance period from 1 Oct 2014 through 31 Mar 2020. Superior Optical Labs, Inc. is ready and available to continue to provide all Prescription Eyeglass Supply and Services to the VISN 6 Veteran Beneficiaries until a new contract is awarded. Superior Optical Labs, Inc. is currently staffed, managed and providing prescription eyeglass supplies and services at all of the VISN 6 seven (7) Medical Centers under the direction of each Medical Center Director. Additionally, they are determined the best value contractor with a clear understanding of the requirement and with the necessary equipment, personnel and communication (FAX, Computers, Phones, Dirct lines to the Factory and etc.) in place to perform all services required under this contract. All Veteran Beneficiaries reporting to VISN 6 Medical Centers for prescription eyeglass supply and services are provided individual care with product delivery to their homes within the timeframes outlined in the contract PWS. Veterans without local access to VA prescription eyeglass services are subject to longer travel distances. Without the VA Contract Prescription Eyeglass Supply and Services, the Veterans will be referred to community optical shops which will increase the amount of fee basis authorizations, depleting VISN 6 budgetary resources and negatively impacting each Medical Center ability to directly furnish prescription eyeglass services to Veteran Beneficiaries. Superior Optical Labs, Inc. currently has qualified, credentialed and privileged opticians with completed background investigations commensurate with the required risk and sensitivity levels for each of the seven (7) medical centers and six (CBOCs or HCCs) within the VISN. The credentialing and privileging process can take anywhere from 30 to 90+ days and would cause unacceptable delays in providing urgent care to our Veteran Beneficiaries. Superior Optical Labs, Inc. can successfully ensure services are not interrupted due to their large pool of 46 opticians who are local to the facility/CBCO or HCC, certified and licensed Opticians, have completed background investigation process, and in place to begin performance on April 1, 2020. Based on the integrated assessment of the facts and determinations, it is in the best interest and best value to the VA to award a Bridge Contract to Superior Optical Labs, Inc. for this emergency acquisition to fill the gap during the Protest phase.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was conducted by the NCO 6 to identify available sources and to evaluate the availability of the marketplace to meet the requirement. A competitive contract 36C246-20-D-0060 was awarded to Superior Optical Labs, Inc. on March 20, 2020 to provide prescription eyeglass services from April 1, 2020 through March 31, 2025. However, a GAO protest was received on March 30, 2020 to Solicitation 36C246-19-R-00143 that was issued in July 2019.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer has determine that the prices will be fair and reasonable based on a comparison to the current contract prices which were determined fair and reseanoble at time of award. Prior to award a price analysis of the proposed contract price will be performed and documented to sufficiently determine that the cost to the Government of the proposed acquisition will be fair and reasonable.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was limited. No other vendors were contacted due to the necessity to sole source this requirement to Superior Optical Labs, Inc. The CO determined that no further market research was required due to the nature and urgency of this requirement and the time it would take to transition to a new contractor.

Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no other facts than those that have been provided above.

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No applicable.

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 Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition of future acquisitions for these emergency department physician services.

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.

_____________________________ ________________________

Cezette Aylett Date

VISN 6 Prosthtic Representative

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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.

_____________________________ ________________________

Mario L. Santiago Date

Branch Chief, Medical Sharing Team

Network Contracting Office (NCO) 6

One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition.

_____________________________ ________________________

Nancy L. Bailey Date

Director of Contracting

Network Contracting Office (NCO) 6

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 for other than full and open competition.

_____________________________ ________________________

Joseph P. Maletta Date

Executive Director, RPO East

Head of Contracting Activity (HCA) Awarded contract 36C24620D0069 to SUPERIOR OPTICAL LABS, INC.;6525 SUNPLEX DR;OCEAN SPRINGS;MS;39564 for unknown amount on 2020-04-01.