-20392.pdf

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

COVID-19 Emergency for Personal Protective Equipment

36C248-20-AP-2225

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)

Acquisition Plan Action ID: 36C248-20-AP-2225

1. Contracting Activity: Department of Veterans Affairs, VISN 8, C.W. Bill Young VA Medical Center, Bay Pines, FL. 33744.

2237 Number: 516-20-3-2117-0038

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

This is a COVID-19 Emergency requirement for all seven (7) VISN 8 medical center facilities. All supplies will be evenly divided amongst the seven (7) medical centers to include C.W. Bill Young VA Medical Center, Malcon Randall VA Medical Center, Bruce W. Carter VA Medical Center, Orlando VA Medical Center, VA Caribbean Healthcare System, James A. Haley Veterans Hospital, and West Palm Beach VA Medical Center. There is an emergent request for Personal Protective Equipment (PPE) and supplies to protect health care workers during the COVID-19 pandemic. There is a national shortage of PPE and supplies available for purchase and we have been notified of availability through Pacific Link that these items can be shipped immediately. Inventory cannot be held and are distributed first come – first serve hence the request for an emergency order.

Total Cost: $1,804,625.00

FAR13.5 Simplified Procedures for Certain Commercial Items:

This procurement is for the emergency procurement of Personal Protection Equipment (PPE) and Hand Sanitizer 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:

• KN95 Respirators – 200,000 ea.= $1,190,000

• Surgical Masks – QTY: 200,000 ea. = $170,000

• Coverall 3XL 4XL Suits – o 3XL – QTY: 5,500 ea. = $119,625 o 4XL – QTY: 4,000 ea. = $75,000

• Hand Sanitizer (4OZ) – QTY: 50,000 ea. 4oz = $250,000

Total Cost: $1,804,625.00

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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;

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).

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

VISN 8 facilities are in emergent need of PPE and Hand Sanitizer to protect health care workers during the COVID-19 pandemic. There is a national shortage of PPE and supplies available for purchase. Pacific Link was the only known vendor available at this time that can provide the quantities of PPE and supplies required in VISN 8 at this time and can ship them immediately.

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

Due to an emergent need for PPE and supplies to protect health care workers during the COVID-19 pandemic, a search was conducted for PPE and supplies by the VISN 8 office. That search yielded one vendor, Pacific Link that could meet our need.

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

Market research confirms via Google search that the current price’s for this procurement for each of the line items are in-line with Pacific Link pricing. Due to the national pandemic most vendors are over charging fair market prices while Pacific Link is keeping the cost as low as possible. When comparing the manufacturer’s suggested retail price with the current price offered on the quote received the price is determined by the CO as fair and reasonable.

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

Market Research Was Not Conducted:

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Limited Market Research was conducted due to the emergent situation but did confirm that there are severe PPE shortages through all supply channels. Available supplies are on a first come basis and Pacific Link meets our immediate need.

9. Describe results of market research conducted pursuant to FAR Part 10:

In order to satisfy the VA rule of two a search was conducted on the VIP website to determine possible SDVOSB and VOSB concerns using the NAICS code 339113 and keyword 20098A KN95 and a total of 0 companies were located. Due to a national shortage of PPE during the COVID-19 pandemic the required quantities of PPE and Hand Sanitizer are an emergent need and can only be supplied by Pacific Link to meet the VISN demand with a delivery date no later than 10 April 2020.

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

None

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

Pacific Link 570 Brook Street Garden City, NY 11530

12. 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:

Due to the unforeseen need and emergent nature of this requirement the requesting service was not able to remove or overcome the barriers to competition. However, the requesting service is currently monitoring the market to determine if future PPE needs can be competed when the need arises.

13. 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.

Kim Faison Acquisition and Utilization Spec Date VISN 8 Network Office https://www.acquisition.gov/?q=/browse/far/10

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14. 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.

Mark L. Cline Date Contracting Officer NCO 8, Bay Pines/Commodities

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.

Pamela Srebernak Date Branch Chief NCO 8, Bay Pines/Commodities

c. VHA SAO 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.

Joseph Maletta Date Executive Director, RPO East http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx