-20774.pdf

VHAPM Part 819.7007/7008 Sole Source Awards to a Verified Service-Disabled Veteran-owned Small Business/Veteran-owned Small Business

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

VHAPM Part 819.7007/7008 Page 1 of 5 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C257-20-AP-2222

1. Contracting Activity: Department of Veterans Affairs, VISN 17, Network Contracting Office in San

Antonio is purchasing on behalf of Dallas VA Medical Center, Mask, under purchase request (2237) 549-20-3-1666-0353.

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

This request is for face mask’s for VISN 17 protection of staff from the COVID-19 global Pandemic.

This requirement will be awarded as a new contract to SDVOSB, this is a supply item that is needed at various VA clinics throughout Texas and VISN 17. The contract will be a firm fixed price contract using FAR 13 and FAR 6 procedures.

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

As a result of the COVID19 global pandemic, the Face Mask are needed for VISN 17 in North Texas will be distributed to different locations Dallas, Temple and San Antonio guidance from the CDC recommends to wear face mask for all Essential employees and to prepare for an influx of patients and safety to the staff that could be compromised due to lack of PPE. This is to prevent contamination when patients become infected with the COVID19 virus. Equipment is needed quickly in order to augment current equipment on hand and ensure patients are properly cared for during this time when the virus may accelerate in April/May.

Each mask is approximately

The vendor is estimating delivery will be April 14,2020.

The total value of this procurement is . The vendor is a Service-Disabled Veteran Owned Small Business (SDVOSB).

The masks are made in the USA and the delivery time is expedited for this COVID -19 Global Pandemic which will be shared VISN wide.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S.

Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use

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Revision 03 Eff Date: 04/03/2020 the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

( X ) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business;

or ( ) 819.7008 Sole source awards to a verified veteran-owned small business

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

Due to the global COVID 19 pandemic, all personal protective equipment is in great demand. The supply has not been able to keep up. The small manufacturer, AJR Filtration Manufacture, does not deal directly with the government and is not registered in SAM. Transcendence, Inc. is the only authorized distributor for government sales; Transcend Inc. is a Service-Disabled Veteran Owned Small Business.

Transcendence, Inc. is able to provide the initial shipment of masks within a 5-day turnaround timeframe; others will be delivered as manufactured. Other vendors of similar items which report a 30 day window or more for the initial delivery.

VAAR 817.7007 authorizes sole source awards to a SDVOSB based on 38 U.S.C. 8127©. The contractor is a responsible source as they do not have any delinquent history in FAPIIS as 04/09/2020.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by subpart

5.2 and, if not, which exception under 5.202 applies:

Due to the urgency and COVID19 pandemic, a source sought was not issued at this time. The vendor is currently the only one who’s authorized to provide the items and the timelines keep slipping for delivery. The vendor is currently scheduling out deliveries for next 5 days in-April. The pandemic is projected to become worse during April/May. Therefore, North Texas needs to get the contract in with the contractor to get on the list of deliveries. The exception is 5.202(a)(2).

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

Reasonable:

IAW FAR 13.106-3(a)(2)(iii), the pricing of this requirement is fair and reasonable based on comparison of proposed prices on previous purchases. Based on a FPDS search, the Department of Veterans Affairs has awarded several mask contracts ranging for per mask.

Additionally, a search was conducted on GSA Advantage for over the ear masks and the pricing ranged from per mask. The price of per mask is fair and reasonable.

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

Market Research Was Not Conducted:

Due to the unusual and urgent nature of this requirement, the extent of the market research conducted to determine if this could be fulfilled using a strategic source. It was found that it could not be. and COVID19 pandemic, a source sought was not issued at this time. Furthermore, the vendor can provide a partial shipment within five days and the rest within 14 weeks. The vendor is currently the only one who’s authorized to provide the items and the timelines keep slipping for delivery. The vendor is currently scheduling shipments for this item for next 5 days in-April. The pandemic is projected to become worse during April/May. Therefore, VISN 17 needs to get the contract in with the contractor to get on the list of deliveries.

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

None, this requirement falls under authority 38 USC 8127(c).

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

Transcendence, Inc., verified Service-Disabled Veteran Owned Small Business.

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 Department of Veterans Affairs is constantly searching for sources for these masks at a fair and reasonable price. However, due to the global COVID-19 Pandemic and the limited supply, prices are increasing rapidly.

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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.

Name: Willie Charles Date Title Acquisition Utilization Specialist Facility North Texas VA

Willi Ch l

9 Apr 20

VHAPM Part 819.7007/7008 Page 5 of 5

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.

Michael J. Tusinger Date Contracting Officer

NCO 17

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

Jeff Morris Date Division Director

Mark A. Layman Date

Director of Contracting

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.

Name Curtis Jordan Date VHA Head of Contracting Activity (HCA)

04/09/2020

Michael J.

Tusinger 410059

Digitally signed by Michael J. Tusinger 410059 Date: 2020.04.09 15:08:30 -05'00'

Jeffrey S. Morris 1567009 Digitally signed by Jeffrey S. Morris 1567009 Date: 2020.04.09 15:28:47 -05'00'

MARK A. LAYMAN

489559

Digitally signed by MARK A.

LAYMAN 489559

Date: 2020.04.09 15:49:24 -05'00'

CURTIS M

JORDAN 597130

Digitally signed by CURTIS M

JORDAN 597130

Date: 2020.04.09 17:27:44 -06'00'