36C10G20A0004-007.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC) 10300 Spotsylvania Ave, Suite 400

Fredericksburg, VA 22408

Justification and Approval for Other than Full and Open Competition

6.302-5 -- Authorized or required by statute

1. This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center (SAC), on behalf of the Department of Veterans Affairs (VA).

2. This activity proposes to negotiate a non-competitive award (sole-source) with First Nation Group, LLC (a Service-Disabled Veteran-Owned Small Business), for the procurement of Prosthetic Supplies that are Continuous Positive Airway Pressure (CPAP)-related for a period of one 12-month base year and no option periods. The estimated value for this acquisition is $3.9 million and the anticipated period of performance for the awarded contract is as follows:

Base Agreement Period: December 5, 2019 – December 4, 2020

3. This Blanket Purchase Agreement (BPA) is to provide CPAP-related Prosthetic items in support of VISN20 beneficiaries delivered to patient homes within 1-3 days After Receipt of Order (ARO) directly from a physician consult. The estimated total value of this procurement is $3,892,340.54. The BPA has a ceiling not to exceed $5M in accordance with VAAR 819.7007.

4. The statutory authority permitting other than full and open competition is 41 U.S.C.

§ 253(c)(5) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302- 5 entitled, “Authorized or required by statute”. The applicable statute is Public Law 109- 461: “Veterans Benefits, Health Care, and Information Technology Act of 2006,” specifically, the “Veterans First Contracting Program” outlined in 38 USC § 8127(c) and VAAR 819.7007 and CFR 48 § 819.7007.

5. First Nation Group, LLC is a registered and verified Service-Disabled Veteran- Owned Small Business (SDVOSB). The company has demonstrated its ability to provide distribution of the required CPAP-related prosthetics within the required delivery timeframe of 1-3 days After Receipt of Order (ARO) direct to patient homes from a consult throughout the VISN 20 region from its warehouse located in Denver, Colorado.

6. IAW VAAR § 819.7007 Sole source awards to service-disabled veteran-owned small business concerns (b), “The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. A determination that only one SDVOSB concern is available to meet the requirement is not required.”

Strategic Acquisition Center (SAC)

A notice will be publicized as required by Subpart 5.3.

7. No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on a comparison of historical pricing, current schedule and market pricing and an Independent Government Cost Estimate.

8. Market research was conducted, and First Nation has been determined to be a responsible source with respect to performance. They are registered and certified in VetBiz.gov as a SDVOSB with the NAICS code for this requirement which in accordance with Public Law 109-461 Section 502(c) meets the requirements of this statute to sole source to a SDVOSB. In addition, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and First Nation represented that they are a SDVOSB.

In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for First Nation that would indicate defective pricing, instances of contractor fault or recipient not-qualified, terminations for cause, default or material failure to comply, or non-responsibility of the contractor.

9. In accordance with Public Law 109-461, codified at 38 USC § 8127, in order to increase contracting opportunities for small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities, contracting officers of the VA are given specific statutory authority to award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures (i.e. a “sole source” contract). The contracting officer may do so if:

(1) such concern is determined to be a responsible source with respect to performance of such contract opportunity;

(2) the anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 134 of title 41) but will not exceed $5,000,000; and

(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.

This procurement meets all of these conditions.

10. Following is the list of sources that expressed, in writing, an interest in this acquisition:

Strategic Acquisition Center (SAC)

First Nation Group, LLC 4566 Hwy 20 E. Court Yard Plz Ste 208 Niceville, FL 32578

11. All future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive.

12. Certifications / Signatures.

Technical Representative Certification:

I certify that the foregoing justification is complete and accurate to the best of my knowledge and belief.

Scott Leahy Date Acquisition & Utilization Specialist Boise VA Medical Center

Contracting Officer Certification:

Pursuant to (FAR 6.303-2(a)(12)), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Terri G. Duenas Date Contracting Officer Strategic Acquisition Center (SAC)

12/2/2019