C01 Limiting Sources Justification UPS-VISN 032524.pdf

VHAPG Part 808.405-6 Limiting Sources Request for Limited Sources Justification

Effective Date: 02/01/2022 Page 1 of 3

LIMITED SOURCES JUSTIFICATION

FAR PART 8.405-6

Acquisition Plan Action ID:_ 36C248-24-AP-2020__

(1) Contracting Activity:

Department of Veterans Affairs, Network/Program Contracting Office 8 (NCO-8), located at 8875 Hidden River Pkwy, Suite 570, Tampa, FL 33637, in support of James A. Haley Veterans Hospital (JAHVH) at 13000 Bruce B. Downs, Tampa, FL 33612.

2237 NO.: 485-24-3-2901-0029

(2) Description of Action: This acquisition is a follow on task order and is conducted under the original authority of the Mandatory Next Generation Delivery Service (NGDS) Multiple-Award Program (41 U.S.C. 152(3) and 40 U.S.C. 501). This requirement is to provide United Parcel Service (UPS) small package shipping and delivery service for ground, air, and International Packages for the VISN Network Office, Tampa, FL.

Order against: NGDS Contract Number: __ HTC711-23-D-C025____________

Name of Proposed Contractor: United Parcel Service CO. (UPS)

Street Address: 1400 N Hurstbourne Pkwy.

City, State, Zip: Louisville, KY 40223

Phone: (619)-395-8584

(3) Description of Supplies or Services:

The estimated value of the proposed action is an estimated $3,000.00. This requirement is to provide United Parcel Service (UPS) small package shipping and delivery service for ground, air, and International Packages for the JAHVH, Tampa, FL. The Period of Performance is from 04/01/2024 to 09/30/2024. There will be no option years as the NGDS contract requires task orders to be issued on an annual basis.

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays:

https://www.acquisition.gov/far/part-8#FAR_8_405_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap5-subchapI-sec501.pdf

Effective Date: 02/01/2022 Page 2 of 3

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original NGDS contract task order provided that the original order was placed in accordance with the applicable NGDS ordering procedures.

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is:

These are “direct replacements” parts/components for existing equipment.

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination:

This task order represents the best value because the base NGDS contracts were originally competitively awarded and negotiated. This task order is funding a six month estimated amount of $3,000.00 based on historical data and invoice payments per year. In addition, all invoicing for UPS delivery service will invoice the established awarded unit prices in the NGDS contracts. Based on the above, the total estimated annual amount of $3,000.00 for the resulting task order is considered fair and reasonable.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted.

Market research was not required to be conducted because the three NGDS contracts awarded by the USTRANSCOM Office are Government-wide, mandatory use contracts. Below are the three mandatory use NGDS contracts. Government Agencies can issue task orders to all three sources below or just one source for their delivery service requirements. The JAHVH has decided to only use the UPS contract source to reduce the administrative burden of administering multiple NGDS contracts.:

• United Parcel Service Co – HTC711-23-D-C025 – Domestic and International

• Federal Express Corporation – HTC711-23-D-C023 – Domestic and International

• Polar Air Cargo (DHL subcontractor) – HTC711-23-D-C024 – International only

Although a formal market research was not required, pursuant to FAR Part 10 and VAAR 810.001-70 the SBA Veterans (VetCert) Small Business website was queried for NAICS 492110.

The search results showed a total of 555 Veteran Owned and Service Disabled Veteran Owned Small Businesses (SDVOSB). However, it was determined that no VOSB or SDVOSB could provide the required delivery services.

https://www.acquisition.gov/far/part-8#FAR_8_405_6 https://www.acquisition.gov/far/part-10 https://www.va.gov/oal/library/vaar/vaar810.asp https://www.va.gov/oal/library/vaar/vaar810.asp

Effective Date: 02/01/2022 Page 3 of 3

(7) Any Other Facts Supporting the Justification: The JAHVH has decided to only use the UPS contract source to reduce the administrative burden of administering multiple NGDS contracts.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made: Through market research, there are no ways to remove or overcome any barriers that led to this restricted consideration before any subsequent acquisition for the required delivery services is made. This is based on the fact that the NGDS contracts are Government-wide, Mandatory use contracts.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Kim C. Tucker DATE Contracting Officer

NCO 8

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx