-20102.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 08 Page 1 of 4 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Contract ID:__36C776-20-AP-2237__________________

1. Contracting Activity:

The Contracting Activity for this requirement is the Department of Veterans Affairs, Program Contracting Activity Central (PCAC), 6150 Oak Tree Blvd., Suite 300, Independence, OH 44131

2. Nature and/or Description of the Action Being Processed:

This justification is in support of a new, single award, firm-fixed price open market contract for N-95 masks in support of COVID-19 National Emergency. This contract will be in direct support of the COVID-19 response for VAMCs nationally.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

This contract will supply N-95 masks for VAMCs within VHA as they will be required to support the VA’s response to COVID-19 which supports Veterans and in some cases the community where needed.

The contract award value of $2,750,000 for 5000,000 N-95 masks.

4. Statutory Authority Permitting Other than Full and Open Competition:

41 USC §3304(a)(1), as implemented by FAR 6.302-2.

( ) (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. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

This acquisition was in direct support of the COVID-19 National Emergency and the requirement came directly from the COVID-19 response team for VHA. The supplies described in paragraph 3 were an immediate need to deal with the COVID-19 pandemic which was declared a National Emergency. This requirement met the statutory definition of having unusual and compelling urgency as the impact of not having this contract in place immediately was as follows:

OFOC SOP Revision 08 Page 2 of 4 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

While VHA’s primary mission is providing coordinated healthcare to Veterans, VHA is also a critical component of the national federal response framework. The VA’s “fourth mission” is to absorb non- Veteran civilian or military patients if hospitals overflow in an emergency, such as a pandemic.

Since starting in China in late 2019, COVID-19 is now present on every continent except Antarctica, and as of the time this justification was written, there were more than 245,000 cases word wide and over 10,000 deaths. On March 1, 2020, there were approximately 100 confirmed cases in the United States (US), that number is now 123,750 cases, including 2,227 deaths, with an upward trajectory that is now on track to peak at catastrophic levels in the next 45 days.

COVID-19 has over-whelmed the medical systems of every country unable to “flatten the curve” of infections. This resulted in global competition for countries seeking resources (e.g., clinical personnel, medical equipment, and personal protective equipment – PPE). VHA requires a deployment ready capability to support life-and-death decision-making today.

The immediate impact of VHA not having N95 masks for its VHA staff is much greater risk to both patients and providers. The Contracting Officer was made aware of the requirement 4/8/2020, due to the shortage of supply on hand in the agency and lacking ability to meet the demand there wasn’t time to conduct Market Research or synopsis this action. We had to act immediately to be able to secure supply and there was no time to follow normal procedures including issuing a solicitation and not have the agency significantly harmed.

Based upon the above, and pursuant to the statute, Noble Sales Co., Inc 302 Weymouth Street, Rockland, MA 02370 is being awarded a contract.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

The Contracting Officer was made aware of this requirement on 4/8/20. The need date was immediately due to the emergency nature of the VA COVID-19 response. Due to this any vendors with masks available in the market were contacted directly to fulfill the requirement.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

I did due diligence to ensure the vendor in question was a reliable source to ensure we would get these much-needed masks. They are registered in SAMS-Beta have valid DUNS number and current GSA contract. I reviewed an identical order from another CO in the VA under contract 36C26320P0502 who paid $7.20 a mask for an order of almost a million mask from a few days’ prior in a similar situation. Based upon the above and considering the circumstances, I determined the price of $5.50 per mask to be fair and reasonable and in the best interest of the VA for life and safety to proceed with the contract.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

The extent and amount of research and documentation depends on the complexity, dollar value, and urgency of the requirement. As explained herein, due to urgent nature of this requirement minimal relevant market research was conducted for the situation. Exchanges were conducted with multiple vendors to try and obtain the needed masks, many of which went nowhere due to the

OFOC SOP Revision 08 Page 3 of 4

Revision 08 Date: 04/18/2018 supply was getting purchased so quickly. Ten potential vendors identified on GSA Market Research document were contacted only one was able to provide the N95 without up front payment Noble Supply & Logistics.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

None.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Nobel Sales, Inc, and no other vendors expressed interest in supplying N95 masks to the VA, we procured as many as we can find with the limited about of time available.

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:

The emergent nature of this requirement given it’s for a specific National Emergency does not lend itself to farther action to remove future barriers as their will most likely not be future such requirements.

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.

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. 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.

http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

OFOC SOP Revision 08 Page 4 of 4

Revision 08 Date: 04/18/2018

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

c. 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 $68 million) or approve ($700K to $68 million) for other than full and open competition.