JOFOC_Redacted.pdf

OFOC SOP Revision 10 Page 1 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C261-20-AP-6658

1. Contracting Activity:

Veterans Health Administration, Regional Procurement Office West, Network Contracting Office (NCO) 21 on behalf of San Francisco VA Medical Center. The Department of Veterans Affairs, Network Contract Office 21 (NCO-21) plans to contract by means of other than full and open competition. This document sets forth the justification and approval for use of one of the exceptions to full and open competition allowed under the Competition in Contracting Act (CICA) of 1984.

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

COVID-19 662-21-1-6071-0001 San Francisco VA MC containment for Coronavirus (VA-21- 00005993). This is a request for justification and approval for other than full and open competition to establish a contract for support of an existing containment system and admissions of patients with Coronavirus (COVID-19) and to protect employee and patient health and safety from risk of possible exposure to COVID-19. The future needs of SFVAMC for this service is unknown; however, it is highly likely that it will require continued services into the foreseeable future in response to COVID-19.

Based on the information provided by the facility, NCO 21 can reasonably foresee that this requirement will be needed for a 6 month base plus options. There will be two-month option periods for 6 months to cover any possible continued need.

Prospective Vendor:

BMS CAT, Inc Duns#832756584 5718 Airport Fwy Haltom City, TX 76117

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for the establishment of BPAs 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:

The San Francisco Veteran Health Care System requested structures for COVID-19 containment to support the ICU and 3B TCU Isolation Areas at San Francisco VA Medical Center in March. NCO 21 established a contract to erect and maintain the containment area. The containment was constructed of fire resistant 6 mil polyethylene sheeting. Negative pressure enclosures were used in conjunction with HEPA air filtration units which filter up to 99.97% of the airborne particles down to

0.3 microns.

OFOC SOP Revision 10 Page 2 of 4

Revision 10 Date: 09/10/2020

The first containment is 1500 square feet and requires a 50-foot wall with two access points. The second containment is for isolation and contains 750 square feet. It requires an L- shaped 18-foot wall with an access point on each leg of the “L”. The contractor must provide digital recording micromanometers, primary filters, HEPA filters, tacky mats, UV Lights, and portable cooling units.

The containment will remain erected to support COVID-19 response at the San Francisco Veteran Health Care System. The vendor will support clean up requirements consisting of-HEPA Vacuum and wet clean the contained area with an approved EPA registered disinfectant that has a COVID-19 kill claim.

The new requirement includes making minor modification utilizing current onsite barriers. The contractor will provide all erected containment barriers, doors and equipment maintenance whenever necessary. The requirement includes providing digital recording micro manometers, primary and secondary filters throughout the duration of the project, mats, tacky, and walk off.

These will be changed during scheduled containment checkups which will check all containments up to three times a day. Contractor personnel shall monitor the equipment, change filters and enter the containments daily. Contractor will provide their own full COVID-19 required PPE to include full or half face respirators with P100 cartridges.

If at any time SFVA staff notice any barrier breeches, they will have a contractor point of contact to address the breech in a timely manner. The estimated value of the proposed action is $1,500,000.00

At the end of utilization, contractor personnel will HEPA vacuum and wet clean the containment with an approved COVID-19 EPA registered disinfectant. Once the area is cleaned, the contractor will dismantle and demobilize the containment. All HEPA filtered equipment utilized within a known COVID-19 Patient vicinity will be disposed of and replaced with new equipment.

4. Statutory Authority Permitting Other than Full and Open Competition:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( x ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

FAR 13.5 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):

VISN 21, San Francisco VA Medical Center is requesting qualification under FAR 6.302-2 Unusual and compelling urgency because of the outbreak of the COVID-19. If a new contractor were to be

OFOC SOP Revision 10 Page 3 of 4

Revision 10 Date: 09/10/2020 awarded a contract, the structures would need to be dismantled by incumbent and re-built by new contractor, which would cause a lapse in service. Delay in award of this contract could result in the spread of an uncontained COVID-19. The dismanteling of the existing structure requires a significant clean up effort and time. The time between dismanteling the existing structure and building a new structure would leave the medical center a gap in time where the 5 to 15 daily patients would be in contact with non COVID-19 staff and patients. This could increase the spread of the disease and degrade other Veteran patient care.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Due to the urgency and immediate need when the containment was established in March, no sources sought was posted. CO ended up posting a sources sought after the initial 6 months of service, to verify that no other potential vendors could perform in this emergent time.

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

Reasonable:

The anticipated cost to the Government for this contract action will be determined fair and reasonable by the contracting officer. The CO will compare rates to GSA rates for similar equipment/services. We will not be using the GSA schedule for this procurement.

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

Market Research Was Not Conducted:

A web search was done to find what companies do this type work to establish and maintain a containment area in the event of a national emergency. Due to the immediate need of the establishment of the containment area, no other company would be able to provide this service due to a lapse of service for the containment already established at the facility. No additional market research was done outside of the sources sought, and the incumbent company was selected.

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

Preparedness for rapidly emergent contagious (COVID-19) Coronavirus. If this containment happens to be taken down it would greatly impact SFVA facility in protecting patients and employee and health and safety endangering everyone in the direct community of the Facility. We are currently seeing influxuation of patients coming that is COVID-19 positive. The current daily containment rate is 5 to 15 outpatients, employee patients, and inpatients combined. If awarded to another vendor, the estimated cost incurred for this service would be $223,400.00.

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

BMS CAT Inc., has a GSA schedule; however, the schedule will not be used because some of the items needed for the containment were not on the schedule. “Starc Systems Inc” also expressed an interest in the acquisition. However, it was determined that the vendor cannot fulfill this requirement because of the high health risk due to COVID-19 spreading. If there was a lapse in the service, patient health would be at risk with COVID-19 patients being exposed to non- COVID-19 patients and staff.