W065--Birmingham VAMC Home Oxygen Service 819. 7007 Sole Source Award

The Government hereby submits a notice of a Sole Source award for a firm fixed price contract for commercial -off -the shelf (COTS) for a 2 year ordering period for Home Oxygen Services and Ventilation, in accordance with Joint Commission (JC) standards for Homecare, to Veteran beneficiaries serviced by Birmingham VAMC/VISN 7. The Sole Source has been awarded to TransOx, Inc.

The determination not to compete this proposes contract action is solely within the discretion of the Government. This sole source contracting action is the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000 for Service Disabled Veteran-Owned Small Business.

Request for SDVOSB/VOSBSole Source Justification Format >SAT

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DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:

Contracting Activity: Department of Veterans Affairs (VA), Regional Procurement Office East (RPO-E), Veteran Integrated Service Network (VISN) 7, Birmingham VA Healthcare System.

Nature and/or Description of the Action Being Approved: This requirement is for a new firm- fixed-price (FFP) indefinite delivery indefinite quantity (IDIQ) Contract to TransOX, Inc. The estimated total value of the proposed action is The IDIQ Contract will allow Prosthetics to continue services and pay monthly Home Oxygen bills using 1358's as payment method per Financial Policy, Volume II, Chapter 6, Appendix A: VA Form 1358 Approved Uses, Section 15 for the Birmingham VA Healthcare System.

Base Period:

Ordering Period One:

Award Amount:

Period of Performance: 04/01/2022 03/31/2024

Description of Supplies/Services Required to Meet the Agency's Needs: The VA Medical Center has an ongoing and continuous need to contract Home Oxygen Supplies. The Contractor shall provide medical oxygen systems, including medical oxygen cylinders and related accessories, delivery, set- up, preventive maintenance, and repair both Contractor and Government-owned equipment at the home of patients of the VA Medical Center to meet the needs of VA beneficiaries. This two (2) Year IDIQ contract will consist of two (2), one (1) year ordering periods.

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 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified veteran-owned small business

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 cannot provide this service. 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 vendor has the qualifications to meet the demands of set-up and delivery of Home Oxygen Services and provide education and operating instructions directly to veteran recipients on using home oxygen machines safely. In addition, it is in the Government's best interest to Sole Source this Acquisition to TransOx Inc. based on the fact that they

are a Service-Disabled Veteran-Owned Small Business (SDVOSB) in accordance with VAAR SUBPART

819.7007. TransOx Inc. has provided these se1vices for numerous Government facilities and the private sector. They are also local to the area of operation.

Description of Efforts Made toensure that offers are solicited from as many potential sources deemed practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies: Based on the cunent status of Home Oxygen Se1vices, there is a need to ensure that direct patient care is not impacted to prevent patient injmy or death until a new award is made. Additionally, based upon market research and the requirement included in VAAR 819.7005, VA se1vice-disabled veteran-owned small business set- aside procedures. There are sufficient vendors that have provided capability statements for this procurement to be set aside for SDVOSB VIP verified companies. Based upon the historical market research conducted and the resulting analysis, adequate sources of supply for small business concerns were obtained. On Febma1y 14th, 2022, Sources Sought/RF! Notification was posted to Beta.SAM and closed on Febma1y 18th, 2022 resulted in 7 (SDVOSB'S) that responded and after reviewing VA's VIP database to identify ve1ified and capable 7 SDVOSBs; Eagle Home Medical CORP. - SDVOSB, HomeTown Veterans Medical, LLC - SDVOSB, Lambe1t Financial/Medico Plus, LLC - SDVOSB, Mid-Cities Home Medical Delive1y Se1vice, LLC (Mid-Cities Medical) - SDVOSB, Panakeia, LLC -SDVOSB, TransOx, Inc. - SDVOSB, Reliable Vets LLC - SDVOSB and of the 7 SDVOSB's contacted­ TransOX, Inc. was the only who could satisfy these se1vices at the time of need. The data suppo1ts setting aside the procurement to an SDVOSB however, this procurement is time sensitive, and se1vices cannot be intenupted,

Determination bv the CO that the Anticipated Cost to the Government will be Fair and Reasonable: TThe CO anticipated the cost to the Government would be fair and reasonable. The CO has compared the new unit p1icing received against the pricing on the previous contracts listed below and TransOx is p1iced within the competitive range of the indust:Iy standards; constitutes them to be Fair and Reasonable.

s. Description of the Market Research conducted and the Results. ora statement ofthe Reasons Market Research Was NotConducted: The market research displayed twenty-four (24) SDVOSBs and two (2) VOSBs using NAICS: 532283 on VIP. Section 10 lists all the cunent vendors are

providing similar se1vices within the VISN. These vendors are small businesses with a standard size of $35,000,000 and no exclusion; all seven (7) are SDVOSBs. In addition, there are no known Government-Wide Agency Contracts (GWAC) or Federal Supply Schedule (FSS) cont:I·acts that provide these se1vices. This se1vice is not available from any mandato1y sources. On Febmaiy 14th, 2022, Sources Sought/RFINotification was posted to Beta.SAM and closed on Febma1y 18th, 2022, resulted in 7 (SDVOSB'S) that responded.

Any Other Facts supporting the use of Other than Fun and open competition: This acquisition is critical to patient life & safety, and there can be no lapse in se1vices.

Request for SDVOSB/VOSBSole Source Justification Format >SAT

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Listingorsources that Expressed. in writing. an Interest in the Acquisition;

TYPE

VENDOR

SDVOSB

Eagle Home Medical Corp.

SDVOSB

Hometown Veterans Medical, LLC

SDVOSB

TransOX, Inc

SDVOSB

Mid-Cities Home

Medical Delive1y Service, LLC

SDVOSB

Reliable Vets, LLC

SDVOSB

Lambe1t Financial/Medico Plus, LLC

SDVOSB

Panakeia, LLC

A Statement of the Actions, if any, the Agencv May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: The agency will continue to seek additional vendors capable of providing this service in the future procurements. The agency will also conduct all necessary mar·ket resear·ch as required by FAR Pait 10 and the Veterans First Contracting Program while using the mar·ket resear·ch results from this requirement. In addition, the agency will review the possibility of competing for a new long-term competitive contract before the end of the first ordering period.

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.

Isaac Jones

Asst. Chief Prosthetics and Senso1y Aids, Binningham VA Healthcare System

Approvals in accordance with the YUAPM Part 806.3 QFQC SOP:

Conn·actingOfficer or Designer'sCertification