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FBO DAILY ISSUE OF FEBRUARY 01, 2012 FBO #3721
DOCUMENT

W -- Home Oxygen Interim Contract - Justification and Approval (J&A)

Notice Date

1/30/2012
 

Notice Type

Justification and Approval (J&A)
 

NAICS

532291 — Home Health Equipment Rental
 

Contracting Office

Department of Veterans Affairs;Louis A Johnson, VAMC;Contracting Office (90C);1 Med Center DR;Clarksburg WV 26301-4199
 

ZIP Code

26301-4199
 

Solicitation Number

VA24412R0129
 

Archive Date

4/1/2012
 

Point of Contact

Kristina Weir
 

E-Mail Address

burg,
 

Small Business Set-Aside

N/A
 

Award Number

VA244-12-C-0123
 

Award Date

2/1/2012
 

Description

DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Other Than Full and Open Competition 1.Contracting Activity: Department of Veterans Affairs, VISN 4, Louis A. Johnson VA Medical Center 2.Nature and/or Description of the Action Being Processed: This is a request for other than full and open competition for the procurement of Home Oxygen Services from the incumbent to cover the time period of date of award through June 30, 2012. Columbia Ancillary Services, Inc. is the incumbent of an expired contract. The procurement process was previously interrupted by a protest ruling. The Government initiated a new procurement process and it has been interrupted by three additional protests. A ruling on the most recent protest by the Court of Federal Claims has not been rendered to date and there is no projected date. This interim contract will provide Home Oxygen Service Coverage during the gap between the expired contract and the new contract to be awarded after protest ruling. 3.Description of Supplies/Services Required to Meet the Agency's Needs: The contractor will provide Home Oxygen Supplies and Services for Veterans and Beneficiaries of the Louis A. Johnson Healthcare System. The VAMC currently serves an estimated 1200 oxygen-using patients covering parts of northern West Virginia, southeast Ohio and southwest Pennsylvania. Required services include storage, delivery, set-up, adjustment, patient/caregiver instructions and recovery of equipment. Contractors shall have applicable expertise in government acquisition and program management disciplines. See Solicitation VA244-12-R-0129 for additional information. This contract covers date of award through June 30, 2012. 4.Statutory Authority Permitting Other than Full and Open Competition: 41 USC §253(c), as implemented by FAR 6.302. ( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1; (X) (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; 5.Validity of Use (applicability of authority): The incumbent is currently performing this complex requirement at a satisfactory level. A change in vendor would require finding a vendor that is capable of servicing approximately 600 Veterans on home oxygen as well as over 600 Veterans using cpaps/bipaps. The Vendor would need to have access to the equipment necessary to make this change and background checks would need to be completed on the new employees which would result in a delay in service; therefore, the only option available is to sole source to the incumbent. A disruption in services is not an acceptable solution. We have received a total of five protest regarding this requirement. Two against the previous solicitation in which a ruling caused the Government to cancel that solicitation and reissue and three against this solicitation. We are awaiting a ruling on the most recent protest to the Court of Federal Claims. This solicitation is extended indefinitely. It is imperative that our patients have home oxygen services that are uninterrupted. Our contract has expired which has made it necessary to put in place an interim contract. This option represents the best value for the government. The incumbent is honoring prices from the last contract to bridge the gap between the expired contract and the new award. This has already been proven fair and reasonable. The incumbent is already set up to provide this service and they are proven capable and responsible. 6.Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Changing vendors for a 5-month period while the contract requirement is being solicited is not an option based on the complexity of this requirement. There is approximately 600 Veterans on the home oxygen program, as well as approximately 600 Veterans using cpaps/bipaps which are serviced by this contract. The vast geographical area that is serviced by this contract makes it difficult and expensive to have the equipment switched out. The contractor is responsible for providing all the equipment and supplies that are necessary to service this contract. The award of a contract for a base plus for option years is anticipated within 30 days after the protest is ruled on and the solicitation can be closed. 7.Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated price to the Government is $ $497,475. This option represents the best value for the government. The incumbent is honoring prices from the last contract to bridge the gap between the expired contract and the new award. This price has already been proven fair and reasonable five years ago when the last contract was awarded. Based on proposals received on the first solicitation the price is fair and reasonable. The incumbent is already set up to provide this service and they are proven capable and responsible. 8.Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The Government is awarding this contract to the incumbent to bridge the gap between the expired contract and the award of the contract currently under solicitation. Market research was completed for the solicitation currently under protest. Based on that market research the procurement was designated as 100% HubZone set-aside. Market Research was conducted by advertising a sources sought notice through FedBizOpps under NAICS Code 532291. One SDVOSB/HubZone, two Small Businesses/HubZone and one Large Businesses responded who were considered capable. 9.Any Other Facts Supporting the Use of Other than Full and Open Competition: Urgent and Compelling Need. 10.Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: One SDVOSB/HubZone, two Small Businesses/HubZone and one Large Businesses responded. 11.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: Procurement will be competitively acquired as a 100% HubZone set-aside once there is a protest ruling. 12.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.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/ClVAMC540/ClVAMC540/VA24412R0129/listing.html)
 

Document(s)

Justification and Approval (J&A)
 

File Name: VA244-12-C-0123 VA244-12-C-0123.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=292131&FileName=VA244-12-C-0123-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=292131&FileName=VA244-12-C-0123-000.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN02663846-W 20120201/120130234643-8e2fdf192d998a73943ceb13a5f32689 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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