VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5 36C246-21-AP-2196 PM Part 813.5 SAP for Certain Commercial Items Page 1 of 9 Original Date: 08/30/17 Revision 03 Date: 02/11/2021 DEPARTMENT OF VETERANS AFFAIRS SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5 Acquisition Plan Action ID: 36C246-21-AP-2196 Contracting Activity: The Department of Veterans Affairs, Network Contracting Office 6 (NCO 6) located in Hampton, VA. Nature and/or Description of the Action Being Processed: Network Contracting Office 6 intends to award a new firm-fixed-price contract to Superior Optical Labs, Inc. This action has been precipitated based on a protest of our long term contract. FAR Part 13.5 Simplified Procedures for Certain Commercial Items: This procurement is for Prescription Eyeglasses Supplies and Services to all of the Veterans Integrated Support Network (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 optical services to include opticians, prescription eyeglasses, supplies and services to all VISN 6 Veteran Beneficiaries for a six month period of performance. This will provide continued services, eyeglasses repairs, fittings and optician staffing for the VISN 6 optical clinics while NCO 6 completes the corrective action plan that resulted from the protest. The total proposed cost is $2,617,076.00 for a three month base period plus one three month option period as follows: Base Period: April 1, 2021 June 30, 2021 $1,308,538.00 Option Period: July 1, 2021 September 30, 2021 $1,308,538.00 Total Contract Cost $2,617,076.00 Statutory Authority Permitting Restricted Competition: FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below: - - - - (X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements - - - - ( ) Unusual and Compelling Urgency - - - - ( ) - Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services - - - - ( ) International Agreement - - - - ( ) Authorized or Required by Statute - - - - ( ) National Security - - - - ( ) Public Interest Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The incumbent Contractor, Superior Optical Labs, Inc. has qualified, credentialed and privileged technicians with completed background investigations commensurate with the required risk and sensitivity levels for the VISN 6 Medical Centers, Community Based Outpatient Clinics (CBOC) and Health Care Centers (HCC). Due to the scope, size and complexity of this requirement Superior Optical Labs, Inc. is qualified to continue to provide prescription eyeglasses services to all VISN 6 Veteran beneficiaries without delay. They are fully staffed, managed and currently providing prescription eyeglasses services to the eligible VISN 6 Veteran beneficiaries. They have a clear understanding of the requirement, the necessary equipment and required personnel to provide prescription eyeglasses services to the VISN 6 Veterans during this interim period. Award of the long-term contract is anticipated to take place in May of 2021. The transition of equipment, supplies and personnel required to provide these services can take from 90 to 120 days at the minimum. This action will ensure services are not interrupted during this period. Superior Optical Labs, Inc. is the only company, as the incumbent, that can provide these services. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: None. NCO 6 is working on corrective action as a result of the protest received on our long term competitive solicitation. Superior Option Labs, Inc, the incumbent, is the only company that provide the interim services without seriously impacting the delivery of this quality of life sustaining services to our Veterans. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The CO will compare the prices offered for this interim contract against the current contract and the recently received proposal received for our protested award which were determined to be fair and reasonable at the time of award. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was not conducted for this interim contract for the reasons stated above. Any Other Facts Supporting the Use of Other than Full and Open Competition: A postaward protest, from a competitively issued solicitation, was received in March 2020. The protest was dismissed, based on corrective action to re-evaluate. NCO 6 has worked with the VISN VPR and OGC and is completing the final award determination. We expect to award the long term replacement contract in May 2021. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Not 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: As indicated about the Government issued a competitive solicitation for our long term services. This action is an interim measure only to facilitate corrective action, award, and transition of 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 Prosthetic Representative Contracting Officer 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, Contracting Officer Date Branch Chief Healthcare Resources Team, NCO 6 One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition. ______________________________ _______________________ Angel C. Rhone Date Division 2 Chief, NCO 6 Director of Contracting: I certify the justification meets requirements for other than full and open competition. ______________________________________ ________________________ Nancy L. Bailey Date Director of Contracting, NCO 6 d. 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 for other than full and open competition. _____________________________ ________________________ Joseph P. Maletta Date Executive Director, RPO East Head of Contracting Activity (HCA)
