P03 - FAR13.5_JA_OVER_SAT - Redacted.pdf

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE (BRAND NAME) JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN

COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C261-21-AP-6164

1. Contracting Activity: Department of Veterans Affairs, VISN 21, VA Palo Alto Medical Center

2237: 640-22-1-529-0005

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

This procurement is for MechoShade window blinds that will be used as part of the Stockton Community Based Outpatient Clinic (CBOC) construction project 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. This requirement will be awarded as new contract. The Government intends to award one firm-fixed price contract.

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

VA Palo Alto has a requirement for (193) multiple size motorized and manual single solar shadebands. In addition, this requirement also has (72) multiple size motorized and manual double solar and blackout shades . These items need to be delivered by 02/01/2022 but the design and lead time must start as soon as possible due to global supply chain issues and the ongoing construction schedule of the Stockton CBOC.

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 below:

( X ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

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

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

This requirement is brand name due to the fact that the approved Architecture and Engineering (A&E) for the Stockton CBOC requires MechoShade based on framing already in place. Using another brand could cause additional construction modifications and money to accommodate another product since the metal framing for MechoShade products are already in place. To keep the construction timeline of the Stockton CBOC on schedule and keep cost as low as possible, no other brand shall be considered.

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

Sources Sought Synopsis: A sources sought (36C26122Q0050) was issued on 10/19/2021 – 10/21/2021 which This requirement will be synopsized for 1 day due to already known interest in the requirement and using Simplified Acquisition Procedures.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Since this requirement is a brand name and the Government has identified several vendors who could possibly fulfill this requirement, pricing based on competition will be used to determine price fair and reasonableness. In addition, the IGE will be used to compare RFQs received for price and cost realism to help determing price fair and realism. Evaluation will based on price only.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

• It was found that the original market research was based off the wrong NAICS code. The most appropriate NAICS code should have been based off 337920 – Blind and Shade Manufacturing. Since this requirement is brand name, only vendors who are certified to install MechoShades can be considered.

• The “VA Market Research Tool” was utilized using NAICS 337920 and keyword MechoShade.

Only 1 vendor was under NAICS 337920 was found, While the customer identified several vendors (some VOSBs), none of them (at time of accepting the requirement package) were registered in SAM under NAICS 337920.

• A sources sought was conducted which resulted

• A Dynamic Small Business Search was conducted using the criteria “NAICS Code 337920 and MechoShade”. The search resulted in finding only 1 woman-owned small business.

A query on the Vendor Information Pages (VIP) Database resulted in total of 1 small business concern which was a SDVOSB

Due to this requirement being brand name, the only viable options are vendors who are authorized MechoShade vendors due to warranty. Based on the non-Manufacturing Rule the “VA Rule of Two” cannot be met using NAICS code 337920 and the requirement is over the SAT. For that reason, this requirement should be solicited as unrestricted (full and open).