-16086.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification

OFOC SOP Revision 08 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C257-19-AP-1653

1. Agency: Department of Veterans Affairs

Contracting Activity: Network Contracting Office 17 (NCO-17) 7201 W. Interstate 40, Ste. 100 Amarillo, TX 79106-2612

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

NCO-17 intends to enter into an open market sole source contract with ABIOMED for the acquisition of heart pumps. The proposed action will be awarded as a new firm-fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The VA North Texas Health Care System has an urgent requirement for the requested heart pumps.

Product Number Description Quantity 004334 Heart Pump; Model: Impella, Manufacturer: ABIOMED 3

The estimated value of the proposed action is $REDACTED

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

41 USC §3304(a)(1), as implemented by FAR 6.302-1.

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

Requested items were previously purchased on vendor BPA VA119-14-A-0038, which has expired.

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

OFOC SOP Revision 08 Page 2 of 3

Revision 08 Date: 04/18/2018

Due to the urgent requirement, there was insufficient time to conduct extensive market research or solicit the need.

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

Reasonable:

The Contracting Officer has determined that the anticipated proposed prices will be fair and reasonable. The Contracting Officer has reviewed the prices of products sold by ABIOMED on their NAC FSS V797D-30214 and anticipates the proposed price to be similar.

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

Market Research Was Not Conducted:

Due to the urgent need, market research was only conducted on the mandatory sources of procurement for supplies, UNICOR and Ability One, GSA and the NAC. The heart pumps were not offered by any of these activities.

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

Not Applicable

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

None

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:

Due to the urgent requirement, competition was not sought. The VA has used the requested items in the past and anticipates using them in the future. The requesting activity and the contracting office will conduct market research on future requirements to review potential competition.

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.

Signature:

//SIGNED//____________________________________

REDACTED Date:

Cardiac Cath/Laboratory Supervisor VA North Texas Health Care System

OFOC SOP Revision 08 Page 3 of 3

Revision 08 Date: 04/18/2018

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.

//SIGNED//__________________________________

REDACTED Date:

Contracting Officer http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx