6515--VISN-wide Prescription Eyeglasses and Optician Services IDC Bridge Mod to add FAR 52.217-8

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT OFOC SOP Revision 11 Page 1 of 9 Original Date: 03/22/11 Revision 11 Date: 02/11/2021 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C257-21-AP-4164 JOFOC Tracker Number: 2021-08-05T10:22:10 Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service Network (VISN 17), Network Contracting Office 17 (NCO 17). Nature and/or Description of the Action Being Processed: This action is a modification to contract 36C25721D0065 to add and exercise the extension of services clause FAR 52.217-8 Option to Extend Services. This is a firm-fixed-price indefinite-delivery indefinite-quantity (IDIQ) contract to PDS Consultants, Inc. (PDS), 22 Rainbow Trail, Sparta, NJ 07871, for the provision of prescription eyeglasses and optician services to the eligible veterans in Veterans Integrated Services Network (VISN) 17. This action is required to ensure there is no break in the existing services provided. The long-term competitive follow-on solicitation for these services was issued under 36C25721R0087 on July 2, 2021 with proposals currently due on August 23, 2021, it is in the Governments best interest to add FAR 52.217-8 to 36C25721D0065 and extend the existing contract by utilizing FAR 52.217-8. Description of Supplies/Services Required to Meet the Agency s Needs: Work under this extension of services will continue to provide prescription eyeglasses and optician services to eligible veterans in VISN17. There are no changes to the current performance work statement; therefore, the extension of services will be the same level of services negotiated for option period one when the contract was initially awarded. Subsequently, exercising this option is within scope of work. Since there is no change to the scope of work, exercising the option to extend services is within scope of the contract because it meets the original intent of the parties. PDS Consultants is the current contractor responsible for providing prescription eyeglasses and optician services to eligible veterans in VISN17. The total anticipated period of performance for this extension is 6-months (August 28, 2021 February 27, 2021). The total estimated value of the proposed action will remain unchanged at not to exceed $5,000,000.00. Statutory Authority Permitting Other than Full and Open Competition: The statutory authority permitting other than full and open competition for this acquisition is 41 USC §3304(a)(1) as implemented by FAR 6.302-1 and FAR 52.217-8 Option to Extend Services. The option to extend services must be issued on a sole-source basis to avoid a break in services while the re-compete acquisition is in-progress. Considering the facts, as detailed above, awarding this modification to the incumbent as a sole source is in the best interest of the Government. It provides the most economical and efficient method to prevent a break in service. (X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1; ( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3; ( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5; ( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6; ( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7; Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): On February 25, 2021, a vendor filed a protest with GAO challenging VA s notice of intent to sole source a contract to PDS for 18 months. Immediately after receiving the protest, the agency notified GAO that it would take corrective action, which would include (1) not awarding the intended 18 month contract on a sole source basis to PDS, and (2) conducting a competitive procurement. Because the current contract with PDS was set to expire on February 27, 2021, VISN 17 had an urgent and immediate need for a short-term contract for the provision of prescription eyeglasses and optician services to avoid a break in service when the incumbent s contract expired on February 27, 2021 and during the pendency of the corrective action. VA awarded the short-term, emergency IDIQ contract 36C25721D0065 to PDS, effective February 28, 2021, on a sole source basis pursuant to 38 USC 8127(c). It was in the best interest of the government and the Veterans it serves to ensure that there was no disruption in the provision of these medically necessary and critical healthcare products and services. PDS is a verified service-disabled veteran-owned small business (SDVOSB) manufacturer of eyeglasses. As the incumbent, PDS provided approximately 144,332 pairs of eyeglasses per year as well as the required optician services. PDS possesses the requisite capabilities, knowledge, and expertise to manufacture and provide the eyeglasses and required optician services. PDS has made assurances that it will comply with the applicable limitations on subcontracting. The current short-term contract will expire on August 27, 2021, to avoid a break in services while the re-compete acquisition is in-progress it is necessary to add FAR clause 52.217-8 and exercise 52.217-8. Considering the facts, as detailed above, awarding this modification to the incumbent contractor as a sole source is in the best interest of the Government. It provides the most economical and efficient method to prevent a break is service. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Modifying the contract to add FAR 52.217-8 and subsequently exercising the option to extend services under FAR 52.217-8, is the only way to ensure the continued uninterrupted provision of prescription eyeglasses and optician services to eligible veterans in VISN 17. The re-compete acquisition was solicited on July 2, 2021 as a total SDVOSB set-aside for thirty (30) calendar days. Amendment 0001 extended the proposal due date from August 2, 2021 to August 16, 2021 and Amendment 0002 will further extend the proposal due date to August 30, 2021, with an anticipated award date of January 1, 2022. Given this timeline, extending the current contract is the best course of action to ensure there is not a break in service. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The total price of the contract for prescription eyeglasses is fair and reasonable based upon a comparison of PDS s proposed prices to past procurement history. In addition, it was determined that the total price of the contract for optician services is fair and reasonable based upon a comparison of salary costs in the commercial market. Eyeglasses and optician services are commercial items provided and performed in the healthcare field for both Government and non-Government agencies; therefore, certified cost and pricing data is not required. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Limited market research was performed for this modification to extend this short-term requirement, which included identifying 81 verified SDVOSB concerns and seven (7) veteran-owned small business (VOSB) concerns on VA s Vendor Information Pages (VIP) database as possible sources under NAICS code 339115. Given that the long-term re-compete solicitation has already been solicited, it is in the best interest of the Government to extend current services while simultaneously working to put a new contract in place. Any Other Facts Supporting the Use of Other than Full and Open Competition: The need to add FAR clause 52.217-8 and subsequently exercise the option to extend services is to account for the time needed to award the follow-on requirements. The short-term contract was awarded to PDS on a sole source basis pursuant to 38 USC 8127(c), effective February 28, 2021, and is required to ensure that there is no gap in services during the time required to fully implement the agency s corrective action and complete a competitive procurement. The short-term contract will only be kept in place for as long as necessary to complete the competitive procurement. VA has an urgent and continuing need for prescription eyeglasses and optician services to ensure the welfare of the patients under VA s care at the medical centers in VISN 17. PDS is the incumbent and is the only contractor that can provide the required prescription eyeglasses and optician services starting on August 28, 2021 and on an ongoing basis without unacceptable delay and disruption of those services, and a resulting significant adverse impact to the agency s mission. It is in the best interest of the government and the Veterans it serves to ensure that there is no disruption in the provision of these medically necessary and critical healthcare products and services. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: N/A 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 follow-on IDIQ contract has been solicited on a competitive basis. The eCMS long-term milestones are as follows: MILESTONE PLANNED DATE Acquisition Plan Approved 03/10/2021 Statement of Work 03/10/2021 Specifications 03/10/2021 Data Requirements 03/10/2021 Completion of Acquisition Package Preparation 03/10/2021 Purchase Request 03/10/2021 Justification and approval for other than full and open competition where applicable and/or any required D and F approval N/A Issuance of Synopsis 05/03/2021 Issuance of Solicitation 07/02/2021 Evaluation of Proposals 09/20/2021 Beginning and Completion of Negotiations 10/18/2021 Contract Preparation, Review, and Clearance 11/05/2021 Contract award 01/01/2022 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. _____________________________ ________________________ Steven Frank Date Chief Prosthetics VISN 17 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. _____________________________ ________________________ Lindsey Hooge Date Contracting Officer NCO 17, RPO West One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition. _____________________________ ________________________ Name: Jeff Morris Date NCO17/Division Chief Service 2 Facility: NCO 17, RPO West _____________________________ ________________________ Name: Mark A. Layman Date Director of Contracting Network Contracting Office 17 VHA Regional Procurement Office West VHA RPO 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 $75 million) or approve ($750K to $75 million) for other than full and open competition. _____________________________ ________________________ Name: Curtis M. Jordan Date Executive Director, Regional Procurement Office Veterans Health Administration VHA Head of Contracting Activity (HCA)