-20337.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C244-20-AP-2658

1. Contracting Activity: Department of Veterans Affairs, Veterans Instegrated Service Network (VISN) 4. The Lebanon VA Medical Center operates a Contracting Officer Representative (COR) HUB for VISN wide acquisitions. 2237# 595-20-3-039-0048

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

The Veterans Integrated Service Network (VISN) 4 has a requirement for N95 Masks.

Estimated Value: $425,000

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

VISN 4 requires the urgent purchase of 100,000 N-95 masks to be used by VA personnel across VISN 4 in response to the Covid-19 Pandemic and the President’s Declaration of a National Emergency.

Market research has identified a SDVOSB capable of supplying the 100,000 N-95 masks within the next 21 days:

Contractor: ASE Direct ASE Direct, Inc.

7113 Peach Court, Suite 200 Brentwood, TN 37027 1-888-204-1938, bo@asedirect.com Jud Clift, President, Cell: 1-615-479-9983, Email: jud@asedirect.com

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

( ) (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;

mailto:jud@asedirect.com

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

A National Emergency has been declared by the President of the United States related to the Covid-19 Pandemic. This acquisition is in support of the VA’s mission to care for veteran patients impacted by the Coronavirus and to protect VA personnel. The current Covid-19 Pandemic has placed a remarkable strain on the availability of N-95 masks. This shortage is known internationally since not only the need for use has increased markedly, but also an impact which has halted not only the manufacturing, but slowed the supply chain’s response time. The Lebanon VA Medical Center operates a Contracting Officer Representative (COR) HUB for VISN 4 wide acquisitions and has been tasked with the acquisition for all 9 medical centers. Lebanon VA Medical Center has a requirement for N95 Masks. The masks will be used to implement protections for the medical staff when administering care to COVID 19 patients or suspected patients.

Market research has identified a SDVOSB capable of supplying the 100,000 masks within the next 21 days, ASE Direct. The urgent and compelling need is to proactively prepare for patients seeking treatment for the Coronavirus and for protecting the VA personnel who will come in contact with the patient population. In short, having these items may means the potential reduction of the spread as well as protecting personnel who are directly responsible for treating affected patients. The N95 masks must be NIOSH approved from a vetted manufacturer capable of delivery within 21 days. ASE Direct has indicated they are capable of delivering the needed supplies within the 21 day timeframe.

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

One SDVOSB was identified that is capable of supplying the 100,000 masks within the next 21 days is as follows.

Contractor: ASE Direct ASE Direct, Inc.

7113 Peach Court, Suite 200 Brentwood, TN 37027 1-888-204-1938, bo@asedirect.com Jud Clift, President, Cell: 1-615-479-9983, Email: jud@asedirect.com

Were this not an urgent acquisition in support of COVID-19, competition would be sought to the maximum extent practicable.

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

The quote from ASE Direct at 4.25 per mask was significantly less than another vendor contacted, Federal Government experts at 7.95 per mask. The price remains fair and reasonable considering historical (compared to recent contract awards) pricing and current scarcity of this needed item.

mailto:jud@asedirect.com

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

Limited market research was conducted. Two vendors were contacted and found to be able to supply the N95 masks, but only one is able to supply within the required 21 day timeframe. Requirement is emergent and in response to COVID-19.

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

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

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: Future acquisitions will be competed to the maximum extent practicable should circumstances allow.

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.

Lee Ann Robbins, Project Manager Date Lebanon VAMC

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.

Jennifer A. Cutshall, Date Contracting Officer, NCO4 Commodities 3

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.

Shawn E. Smith, Date Division Chief NCO4 Division 2

Lee Ann Robbins 4/9/2020 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx