J and A.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C256-22-AP-3921

1. Contracting Activity: Department of Veterans Affairs

Network Contracting Office (NCO) 16 Galleria Financial Center, Ste 750 5075 Westheimer Rd, Houston, TX 77030

PR#: 564-23-1-140-0001

2. Nature and/or Description of the Action Being Processed: This procurement is conducted under FAR 13.5, Simplified Procedures for Certain Commercial Items. This action will be awarded as a new firm fixed price Indefinite Delivery/Indefinite Quantity (IDIQ) contract.

The Veterans Health Care System of the Ozarks (VHSO) has a requirement for Blood & Blood Products.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Contractor shall provide all blood components needed for transfusion (frozen plasma, frozen cryoprecipitate, leukocyte-reduced packed red blood cell units, apheresis platelets, irradiated blood products, CMV negative packed red blood cell units, reference laboratory and apheresis procedures.

Description Unit of Issue Est. Qty

Red Blood Cells (Human), Leuko-reduced Unit 700

Platelet Pheresis, Irradiated Unit 30

Platelet Pheresis, Leuko-reduced Unit 75

Fresh Frozen Plasma, Type A, B, or O Unit 35

Red Blood Cells (Human), Irradiated Unit 25

Cryoprecipitated AHF Unit 1

Red Blood Cells (Human), Washed Unit 1

Effective Date: 02/01/2022 Page 2 of 4

Red Blood Cells (Human), Leuko-reduced, CMV Negative

Unit 10

Red Blood Cells (Human), Antigen Negative Unit 35

Glutaraldehyde Set Set 6

On Call Service Each 3

STAT Courier Fee Each 10

Basic Antibody Identification Each 5

Adsorption Each 4

Special Techniques Each 1

DNA Testing Each 3

The total estimated value of the acquisition: $1,105,923.50

The estimated delivery dates/periods of performance: January 1, 2023 to September 30, 2023 plus four one year options.

Base Period: January 1, 2023 to September 30, 2023 Option Year 1: October 1, 2023 to September 30, 2024 Option Year 2: October 1, 2024 to September 30, 2025 Option Year 3: October 1, 2025 to September 30, 2026 Option Year 4: October 1, 2026 to September 30, 2027

4. Statutory Authority Permitting Restricted Competition: FAR 13.5 Simplified

Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement.

Competition is restricted on this procurement for the reason: ( X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

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

CBCO is the only firm capable of providing the supplies described in Section III above without the VHSO experiencing unacceptable delays in fulfilling its requirements. CBCO is the only not for profit organization for the products communicated in Section III above to immediately provide blood and blood products to support VHSO immediately. The supplies being requested are critical to the daily operations of the VHSO and Veterans. CBCO the sole supplier of blood to the hospitals in Southwest Missouri, Northwest Arkansas and Southeast Kansas.

Effective Date: 02/01/2022 Page 3 of 4

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Contracting Officer (CO) conducted Market Research to determine the availability of sources for the proposed requirement. The results of the Market Research illustrated that CBCO is the only source for the government products required. No interested vendors responded to the Notice of Intent (NOI) 36C25622Q1269 communicating alternatives or capability to support VHSO.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost will be considered fair and reasonable on the basis of a price analysis with the independent government estimate and similar awarded procurements identified by the CO in the Systems Award Management (SAM) and Federal Procurement Data System (FPDS). CO identified similar awarded contracts 36C26223D0001, awarded amount $906,711.36 (Tucson VA), 36C25618D0005 in the amount of $1,162,212.00 (Fayetteville VA), 36C26319D0099 in the amount of $1,259,869.93 (Minneapolis VA).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Contracting Officer posted a NOI 36C25622Q1269 on contracting opportunities on 07/21/2022 to 08/03/2022 yielding zero responses. CO also searched VIP under NAICS 325414 with various return of 18 Service- Disabled Veteran-Owned Small Businesses (SDVOSBs) and 2 Veteran-Owned Small Businesses (VOSBs). The SDVOSBs and VOSBs did not respond to the NOI. Rule of two was unattainable. Blood banks collect blood and separate it into its various components so they can be used most effectively according to the needs of the patient. The collection and process for this requirement is done in the United States. Due to the nature of this requirement, there are no Small Businesses, SDVOSBs or VOSBs that can fulfill this requirement. However, market research concluded one (1) large business CBCO can satisfy this requirement.

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

Buy American Act (BAA) findings: Blood and blood products are domestic end items.

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

Contractor Address Socioeconomics

Community Blood Center of the Ozarks POC: Jim Arnzen arnzenj@cbco.org 417-619-6041 cellular

220 W. Plainview Rd Springfield, MO 65810

Large Business

SAM UEI – U2ANECEQHKT8

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 Government will continue to conduct Market Research to ascertain whether there are any changes in the commercial marketplace which would enable future actions to be competed with vendors capable of providing the products. Market Research will ensure potential providers aren’t overlooked for possible competition.

Effective Date: 02/01/2022 Page 4 of 4

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.

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.

Anthony Marion Date Contracting Officer Network Contracting Office (NCO) 16

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Le Kisha A. Douglas Date Branch Chief, DIV III, SUP C Network Contracting Office (NCO) 16

Aaron Villalpando Date Director of Contracting Network 16 Contracting Office

c. VHA RPO 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 approve ($750K to $7.5 million (or $15.0 million for acquisitions described in FAR 13.500(c)) for other than full and open competition.

Terry L. Spitzmiller Executive Director Regional Procurement Office Central (VHA)

ANTHONY

MARION

Digitally signed by ANTHONY

MARION

Date: 2022.10.18 07:30:21 -05'00'

Le Kisha A Douglas 157307

Digitally signed by Le Kisha A Douglas 157307 Date: 2022.10.18 08:51:52 -05'00'

AARON VILLALPANDO Digitally signed by AARON VILLALPANDO Date: 2022.10.19 11:33:59 -05'00'

TERRY

SPITZMILLER

Digitally signed by TERRY

SPITZMILLER

Date: 2022.10.25 09:42:42 -05'00'