Attachment 1: Request for SDVOSB Sole Source Justification Format IAW VAAR 819.7008/9
VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 6
Revision: 04 Effective Date: 11/15/2024
Acquisition Plan: 36C24825AP4841
DEPARTMENT OF VETERANS AFFAIRS
Justification and Approval (J&A)
For
Other Than Full and Open Competition
Acquisition Plan Action ID: 36C248-25-AP-4841
Contracting Activity: Department of Veterans Affairs, VISN 08, James A. Haley Veterans Hospital (JAHVH) located at 13000 Bruce B. Downs Blvd. Tampa, FL.
Nature and/or Description of the Action Being Approved: The Network Contracting Office (NCO) 8 awarded a single award requirements contract (36C24821D0015) on 11/24/2020 for Tampa home oxygen to Medical Equipment and Supplies of America, LLC (MESA) a Service Disabled Veteran Owned Small Business (SDVOSB). The contract estimated amount is $3,087,034.64 and the contract ends on 09/30/2025. This is a follow-on acquisition to provide home oxygen delivery to Veteran patients participating in the home oxygen program in the Tampa area. The action will be awarded as a firm-fixed price new contract. This is not a bundled requirement, and no known Organizational Conflicts of interest exist. Payment will be made by a new 1358 obligation number.
Description of Supplies/Services Required to Meet the Agency s Needs: The James A. Haley Veterans Hospital (JAHVH) Tampa Veterans Affairs Medical Clinic (VAMC) Pulmonary Critical Care & Sleep Medicine Service Home Respiratory Care Program requires liquid and gas oxygen to support home oxygen patients located across 11 counties within the catchment area. Contractor will home oxygen supplies and services to include oxygen tanks, concentrators, portable oxygen concentrators, liquid bases, liquid portables ventilators, oxygen cylinder refills/replacements, and cough assists. Includes delivery and quarterly/monthly equipment rental/home visit safety assessments. Estimated annual quantities total $829,928.98.
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 819.7008 (DEVIATION) or VAAR 819.7009 (DEVIATION)- up to $5,000,000. Check the specific VAAR clause used below:
(X) 819.7008 Sole source awards to a certified service-disabled 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): MESA, SDVOSB concern has been identified. This requirement will be an SDVOSB sole source to incumbent MESA - SDVOSB under authority 38 U.S.C. 8127(c) to continue providing services, supplies, and support for existing equipment issued to Veteran patients. This will prevent any disruptions in services and care to Veteran patients requiring essential home oxygen. MESA, SDVSOB has been determined to be a responsible source with respect to performance under contract 36C24821D0015. MESA (UEI # VQAANUUCGBP9) is SDVOSB verified in Small Business Administration (SBA) search database, has an active SAM record, and the business meets eligibility requirements per 819.7003(DEVIATION).
Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies: Limited market research because the home oxygen beneficiaries have an established relationship with incumbent and current equipment and supplies meet the need of the VA. Changing contractors, equipment without enough time for proper transition could cause disruption in therapy, financial burden, and potential health risks. This is a short-term bridge to continue care, avoid potential financial and logistical complications, and the established maintenance and support systems all contribute to importance of maintaining the status quo with incumbent.
Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost will be determined fair and reasonable by evaluating the quoted price against FPDS historical purchases and current market prices.
Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Query contract database www.contractdirectory.gov and other government databases: SBA SDVOSB search, Supply Chain Master Catalog (SCMC), National Acquisition Service (NAC), Dynamic Small Business Search (DSBS), General Service Administration (GSA) E-Buy, Ability One, and Federal Procurement Data System (FPDS). MESA meets the eligibility criteria outlined in VAAR 819.7003(DEVIATION), they are certified in SBA as SDVOSB and the action is below the $5M threshold.
Any Other Facts Supporting the Use of Other than Full and Open Competition: None. Authority under 38 USC 8127(c). Per Legal we will maintain status quo and keep existing Contractor for this short-term bridge contract.
Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: MESA.
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: Customer, Prosthetic Services will work on a follow-on competitive acquisition package to be submitted in FY26.
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.
Signature and Date:__________________________________
Name: Dionne Hogan, Program Manager
Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: Contracting Officer: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.
Signature and Date: __________________________________
Name: Camille Alderman, NCO 8 VISN 8 South Branch
One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.
Signature and Date: __________________________________
Name: Jorge A. Munoz, NCO 8 VISN 8 South Branch Chief