Justification and Approval.pdf

Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:

1. Contracting Activity: Department of Veterans Affairs, VISN 1, for all VISN Medical Centers in VISN

1. Network Contracting Office (NCO1), Providence VA Medical Center, 830 Chalkstone Avenue, Providence, RI 02908; 2237 No. 650 21 1 057 0027.

2. Nature and/or Description of the Action Being Processed: This is a sole source procurement for the following: Multiple sizes of Nitrile Medical Grade Patient Exam Gloves (S, M, L, XL) needed for Providence VA Medical Center due to the COVID 19 pandemic. This procurement will be for a single site, firm fixed price contract with Orvato Healthcare, LLC, 64 Shawmut Rd, Ste 1, Canton, MA 02021 1461.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Nitrile Patient Exam Gloves in multiple sizes (S, M, L, XL). The Total quantity required is 3,050 Cases for a total cost of $411,750.00. The estimate delivery of the Patient Exam Nitrile Gloves is 2 3 weeks after award. This is due to the national pandemic for COVID 19 and the limited sources of supply that have the products available; significant delays in the supply chain with backorders of the nitrile gloves; and the impending arrival of the COVID 19 vaccine in the next two weeks. The MSPV is having a difficult time allocating to Providence VAMC the quantities that are being ordered. The gloves will have the following salient characteristics: (1) between 3 4 mm thick as these thicker gloves rip less and more protective against needle stick injuries, thereby improving safety for medical providers; no talc or powder inside or out; and the medical gloves should meet the ASTM D6319 19 standards.

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 FAR 6.302 1;

( X ) (2) Unusual and Compelling Urgency per FAR 6.302 2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302 3;

( ) (4) International Agreement per FAR 6.302 4 ( ) (5) Authorized or Required by Statute FAR 6.302 5;

( ) (6) National Security per FAR 6.302 6;

( ) (7) Public Interest per FAR 6.302 7;

5. Unusual and Compelling Urgency: These nitrile gloves are urgently needed due to the National Pandemic for COVID 19. The nitrile gloves are essential to the treatment of the Veterans being treated at Providence VAMC as many patients are compromised with underlying health conditions, Providence VAMC is required to take safety precautions to prevent the spread of the virus while still treating and maintaining the safety of its staff and Veterans. In addition, the federal government has indicated that the COVID 19 vaccine will be distributed within the next 1 2 weeks, and this will increase the demand for and use of the nitrile gloves. Providence VAMC has sought out various sources of supply for nitrile gloves, but the manufacturers of Nitrile Gloves are having a difficult time meeting the demands of both the VA and private hospitals around the country. VA’s MSPV is having a difficult time meeting the quantities for Providence VAMC and many other VISN 1 VAMC needs.

The minimum quantity needed by Providence VAMC is 3,050 cases.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: VAMC Providence contacted numerous vendors to procure Nitrile Patient Exam Gloves in sizes (S, M, L, XL); however, some do not have the quantities available or the sizes needed; have nitrile gloves on backorder; were on a limited allocation; or could not meet the salient characteristics required. It is imperative that the nitrile gloves meet the salient characteristics for both patient and provider safety. A pre solicitation notice was posted on 11/6/2020 and the Contract Specialist received 15 interested parties citing glove availability. The NMR waiver for rubber gloves was terminated on 5 8 2017, so therefore a SDVOSB or VOSB set aside is not available for this procurement. Orvato is the only vendor that indicated that has the Nitrile Gloves available and could provide them within 2 3 weeks of contract issuance as required by Providence VAMC.

Therefore, due to the urgent and compelling need for these gloves, which will help (1) to ensure the VA is able provide safe care to its staff and Veterans; (2) to prevent the spread of COVID 19; and (3) to ensure that VAMC Providence has an adequate supply of nitrile gloves for the impending arrival of the COVID 19 vaccine, the Contracting Officer recommends soliciting a small business sole source solicitation and award to Orvato Healthcare, LLC.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer has the ability to determine fair and reasonable pricing by comparing the rates quoted to those of other recent contracts, including Contract Nos.

36C24120P0843, 363C24120P0828, 36C24120P0697 and 36C24121P0083.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: VAMC Providence and the Contract Specialist spent a considerable amount of time performing market research for this procurement. This entailed searches of the Vendor Information Pages, Small Business Dynamic Search, sending out a Pre Solicitation Notice and researching the Non Manufacturing Rule. Providence VAMC also spoke with many vendors that were unable to provide the quantities required, meet the delivery timeframe and meet the salient characteristics of the nitrile gloves required for this procurement. A VIP Search with NAICS Code 339113 and keyword medical nitrile gloves returned 266 potential vendors. The SBA DSBS query using NAICS Code 339113 and keyword nitrile gloves resulted in a total of 56 vendors, which was broken down with 11 SDVOSB vendors; 16 VOSB vendors; 24 WOSB vendors; 2 8(A) vendors; and 3 HUBZone vendors. A pre solicitation notice was posted on 11/06/2020 and identified 15 interested parties that cited glove availability. During research, it was discovered that the Non Manufacturer Rule (NMR) for rubber gloves was terminated effective 5 8 2017. Therefore, a SDVOSB or VOSB set aside is not available for this procurement. Orvato is the only vendor that indicated that has the Nitrile Gloves available and could provide them within 2 3 weeks of contract issuance as required by Providence VAMC. Therefore, due to the urgent and compelling need for these gloves, which will help (1) to ensure the VA is able provide safe care to its staff and Veterans;

(2) to prevent the spread of COVID 19; and (3) to ensure that VAMC Providence has an adequate supply of nitrile gloves for the impending arrival of the COVID 19 vaccine, the Contracting Officer recommends soliciting a small business sole source solicitation and award to Orvato Healthcare, LLC.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: There was a Pre Solicitation Notice sent for this Acquisition and 15 vendors replied, but only Orvato Healthcare, LLC was able to provide the quantities requested; meet the delivery date; and meet the salient characteristics required for the nitrile gloves.

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: To further address the need for nitrile gloves at the 8 stations in VISN 1, the NCO 1 Commodities Team is in the process of soliciting for a VISN wide contract for all future Nitrile glove procurements.

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.

11/05/2020 Name Date Title VISN 1 Chief Supply Chain Officer Facility VISN 1

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.

Mark A. Gelsinger Date Contracting Officer, NCO 1 VAMC Providence

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

Tammy Fox Date NCO 1 Division Chief, Division 1 VAMC Manchester

Lisa L. Newell

Mark A. Gelsinger 1454393

Digitally signed by Mark A. Gelsinger 1454393 Date: 2020.11.13 17:17:19 -05'00'

Tammy A Fox 706200

Digitally signed by Tammy A Fox 706200 Date: 2020.11.13 17:28:47 -05'00'