-20237.pdf

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

OFOC SOP Revision 08 Page 1 of 3 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)

Acquisition Plan Action ID: 36C776-20-AP-1709

1. Contracting Activity: Department of Veterans Affairs, Department of Veterans Affairs, Program

Contracting Activity Central (PCAC), 6150 Oak Tree Boulevard, Suite 300, Independence, Ohio 44131.

Purchase request number: 101-20-2-2644-0017.

2. Nature and/or Description of the Action Being Processed: The Department of Veterans Affairs

(VA), Veterans Health Administration (VHA), Procurement and Logistics Office (P&LO), Medical Supply Program Office (MSPO), requires Face Shields to prepare for eventualities related to COVID- 19 across the United States.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is 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.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The purpose of this requirement is to obtain appropriate Personal Protective Equipment (PPE) to combat the spread of the COVID-19 and provide the necessary protection for VHA staff and the Veterans they serve. One hundred fifty thousand (150,000) Face Shields are required to prepare for COVID-19 treatment within VA healthcare facilities.

Estimated Amount: $172,500.00.

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

(X) (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;

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

OFOC SOP Revision 08 Page 2 of 3

Revision 08 Date: 04/18/2018

Emergency acquisition flexibility provided in FAR Part 18 have been invoked at the time of this procurement due to the COVID-19 pandemic. This procurement is in direct support of healthcare during the COVID-19 pandemic. The threshold for simplified procurement for certain commercial items is increased to $13 million (FAR 13.500 (c) and 18.202(d)).

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. 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:

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 in the event hospitals overflow in an emergency, such as a pandemic.

VHA must maintain appropriate levels of PPE items via the Medical Surgical Prime Vendor Next Generation (MSPV-NG) Program, the spread of COVID-19 will have a high impact on existing PPE supplies.

RCG of North Carolina LLC was awarded a firm-fixed price contract on March 10, 2020 in the amount of $365,500.00 for 150,000 PPE Face Shields.

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 03/04/2020.

The need date was immediately due to the emergency nature of the VA COVID-19 response. A Request for Quote (RFQ) was issued to one (1) vendor determined capable to provide the items expeditiously as VISNs began communicating to the MSPO of their inability to purchase Face Shields through distribution and supply chain channels.

The proposed contract action is made under the conditions described in 6.302-2(or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.

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

Reasonable: The Contracting Officer has determined costs to be considered fair and reasonable based on comparison to Government prepared Independent Government Cost Estimate.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Experience with the current marketplace under previous acquisitions for the same or similar items has demonstrated a reduction in capacity and/or delayed shipments for facemasks and other PPE throughout the industry for the foreseeable future. In direct response to the COVID-19 pandemic, numerous manufacturers and distributors are experiencing an impact on operations resulting in the urgent nature of the lack of traditional market research efforts

OFOC SOP Revision 08 Page 3 of 3

Revision 08 Date: 04/18/2018 and as such, purchase PPE determine acceptable by medical review staff as items become available to ensure VHA has the essential supplies needed to protect both patients and staff.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Full and open competition is not suitable for this procurement due to the urgent need of PPE items, the market conditions at the time, and need of direct distribution and shipment of items by the contractor to the distribution center did not make it possible as it would result in serious injury to the Government.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: RCG of North Carolina LLC expressed interest in the acquisition.

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.

Nathan Turnipseed Date Acting Director, Healthcare Commodities Program Office Veterans Health Administration

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.

Adeitra Jimmison Date Contracting Officer Program Contracting Activity Central

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.

Nicholas Sparks Date Supervisory Contracting Officer

Program Contracting Activity Central http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx