-20733.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)

Acquisition Plan Action ID: 36C263-20-AP-2681

1. Contracting Activity: US Department of Veterans Affairs, Network 23 Contracting Office, 4801

Veterans Drive, St. Cloud Minnesota

Requiring Activity: US Department of Veterans Affairs, VISN 23, VISN 10 & VISN 15

2237: 618-20-3-6051-0059 2237: 657-20-3-6709-0087 2237: 539-20-3-4008-0051

2. Nature and/or Description of the Action Being Processed: COVID 19 Emergency procurement for ‘Halyard’ surgical face masks to allow for all of these sites to get through the expected surge of COVID 19 cases and also maintain a supply until their regular supply routes can catch up and maintain deliveries. A firm-fixed-price purchase order for one million ‘Halyard’ brand surgical masks for distribution within VISN 10, VISN 15 and VISN 23 locations.

Delivery: ASAP, no later than 10 days ARO.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for surgical ‘Halyard’ masks 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: 1,000,000 surgical ‘Halyard’ face masks for immediate purchase and distribution throughout these 3 VISNs. Masks are

. The target delivery date for the initial purchase of these items is no later than April 18, 2020 as vendor confirmed a 10 day lead time ARO.

Delivery: ASAP, no later than 10 days ARO.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 U.S.C. 3304(a)(2)

Unusual and Compelling Urgency as implemented at FAR 6.302-2

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Revision 08 Date: 04/18/2018

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): On March 13, 2020 the President of the United States issued a proclamation declaring a national state of emergency concerning the Novel Coronavirus Disease (COVID-19) Outbreak. All personal protective equipment (PPE) items have become items of particular interest for all front-line health care workers fighting the emergency. As such, the availability of such items has become scarce and unavailable through normal supply channels. When items become available, they are procured as quickly as possible.

Not executing quickly would likely result in zero or not enough items procured due to the intense global competition for scarce items such as this. See attached news link.

https://time.com/5808992/healthcare-workers-lack-ppe/ An RFI was published as market research to see what was available on the open market. The results of the RFI have shown we are lacking competition as no one has been able to provide quantities and delivery times for all items. The items are required to be purchased piecemeal in the quantities the vendors have on hand. The contractor, Firm Healthcare System LLC, was the only contractor to offer surgical Halyard masks in the quantities required and the delivery time specified in the RFI. The delivery times are critical to the protection of the health care providers.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: On April 1, 2020 an RFI/Sources Sought notice was posted to the federal portal at beta.SAM. The notice was for sources of surgical masks.

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

Reasonable: The pricing has been determined to be fair and reasonable by the contracting officer based on market research.

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

Market Research Was Not Conducted: All traditional sources for providing the items have been exhausted. The items are on back order from all of the suppliers the VA utilizes on contract. Several vendors expressed interest in the RFI, however several failed to respond timely for further details, one provided ‘Chinese’ made masks (currently not acceptable), and another could not meet our immediate need/delivery timeframes due to issues with his supplier. As a result, we are proceeding with an open market sole source award to Firm Healthcare System LLC, a VIP confirmed VOSB. This acquisition fulfills the surgical ‘Halyard’ mask requirement and was the sole response to date for this portion of the RFI of who can deliver the quantity within the timeframe required.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: VISN23 is predicting that there will be a surge in COVID 19 cases on/about April 13, 2020 in our region based on models’ projections. VISNS 10 & 15 are expecting their surges of cases to begin the week of April 6 2020.

This procurement is for such a large quantity of masks to keep the VA facilities fully stocked during

OFOC SOP Revision 08 Page 3 of 4

Revision 08 Date: 04/18/2018 the expected surge of cases. The sites expect that once the surge of cases is over, they can resume their normal purchasing practices. This request is for an immediate need to ensure there is sufficient PPE/masks for VA staff in dealing with the virus when it impacts their facilities.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Firm Healthcare System LLC is the only source who has expressed interest that can meet all requirements of the RFI.

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: This is a unique set of circumstances for PPE purchases. For the first time in over 100 years, perhaps even ever, the Department of Veterans Affairs is competing with the entire global community for resources to protect its frontline workers. These urgent times call for atypical approaches to acquisition. Once the state of emergency is over, acquisitions such as this will return to their state of competition.

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.

Date

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.

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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.