P03 - FY20 DJ049 - Franklin Young (SDVOSB) - Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC)

10300 Spotsylvania Avenue, Suite 400 Fredericksburg, VA 22408

Source Selection Information – See FAR 2.101 and 3.104

Justification and Approval for Other than Full and Open Competition

FAR Subpart 6.302-5 – Authorized or required by statute

1. Identification of the agency and the contracting activity.

This Justification and Approval (J&A) for other Than Full and Open Competition is executed by the Strategic Acquisition Center (SAC), on behalf of the U.S. Department of Veterans Affairs (VA), Veterans Health Administration (VHA) Medical Supplies Program Office (MSPO).

2. Nature and/or description of the action being approved.

This activity proposes to negotiate a non-competitive award (sole-source) to Franklyn Young International, Incorporated (hereafter referred to as Franklyn) for the purchase of

3mL Viral Transport Media (VTM) in support of Novel Coronavirus (COVID-19) viral testing.

The anticipated delivery date of the VTM is no later than 30 days after award.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This justification is for the acquisition of 3mL VTM in support of the VA in meeting the testing needs of 1,255 VA healthcare facilities; which includes 170 medical centers and 1,074 outpatient sites within all 18 Veterans Integrated Services Networks (VISN) throughout the US and its territories. Franklyn shall provide VTM to meet the near-term testing needs of VA healthcare facilities.

As a result of the COVID-19 pandemic, VTM has been identified as a critical item and is in high-demand by the world-wide healthcare community. There is an immediate need to purchase these items from Franklyn, a verified Service-Disabled Veteran Owned Small Business (SDVOSB). Franklyn has provided written confirmation from the manufacturer that they can deliver sufficient quantities to satisfy the immediate requirement of units. The estimated value of this Firm-Fixed Price delivery order is $1,887,000.00.

4. An identification of the statutory authority permitting other than full and open competition:

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(A)(5) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302- 5 entitled, “Authorized or required by statute”. The applicable statute is Public Law 109-

461: “Veterans Benefits, Health Care and Information Technology Act of 2006” specifically, the “Veterans First Contracting Program” outlined in 38 USC 8127(c).

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

VAAR 819.7007 states explicitly, “A determination that only one SDVOSB can meet the requirement is not required,” and that using this authority, the following must be verified:

(1) The anticipated award price of the contract (including options) will not exceed $5 million; The estimated value is $1,887,000 and does not exceed $5M.

(2) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.301(d);

This J&A will be posted on beta.SAM.gov.

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and Franklyn is registered in System for Award Management and Vendor Information Pages verified SDVOSB. This contract action is for the purchase of supplies, payment is only made upon receipt, therefore cost risk is low.

(4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government.

(5) The contracting officer has determined that the use of this authority is in the best interest of the government based upon the fact that Franklyn is a SDVOSB which has a satisfactory performance history with the VA in providing quality products and services at a fair and reasonable price.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

The contracting officer has determined that a SDVOSB sole source award to Franklyn is in the best interest of the government. IAW VAAR § 819.7007(b) and (c), the determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer and a determination that only one SDVOSB concern is available to meet the requirement is not required.

A notice will be publicized as required by Subpart 5.2.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on a comparison of current contract pricing, past proposal submissions (if available), other information made available, and an Independent Government Cost Estimate.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted, and Franklyn has been determined to be a responsible source with respect to performance. They are registered and certified in VetBiz.gov as a SDVOSB with the NAICS code for this requirement which in accordance with Public Law 109-461 Section 502(c) meets the requirements of this statute to sole source to a SDVOSB. In addition, their current services meet and exceeds government requirements and government reviewed their VIP verification verifying that they are an

SDVOSB.

9. Any other facts supporting the use of other than full and open competition.

In accordance with Public Law 109-461, codified at 38 USC § 8127, in order to increase contracting opportunities for small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities, contracting officers of the VA are given specific statutory authority to award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures (i.e. a “sole source” contract). The contracting officer may do so in accordance with VAAR 819.7007.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Name: Franklyn Young International, Incorporated

DUNS: 113785385

Address: 1042 N Mountain Ave Suite 310 Upland CA 91786-3695

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

All future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive.

12. Certifications / Signatures.

Technical Representative Certification:

I certify that the foregoing justification is complete and accurate to the best of my knowledge and belief.

Date

National Director, VHA Medical Supply Program (Acting) VHA Procurement and Logistics Office (10NA2)

Contracting Officer Certification:

Pursuant to (FAR 6.303-2(a)(12)), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Date

Contracting Officer Strategic Acquisition Center

Competition Advocate Approval:

Upon the basis of the above justification, I hereby approve, as advocate for competition for the procuring activity, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 38 U.S. code 8127(c).

Date Procuring Activity Competition Advocate Strategic Acquisition Center (SAC) Tracking Number ________

8/26/2020

DJ049