P03 JA 762-22-1-038-0007 CMOP-LZ-CP Signed.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

VHAPM Part 819.7007/7008 Page 1 of 3 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 762 22 1 038 0007

1. Contracting Activity: Department of Veterans Affairs, NCO 15 Contracting, Tucson CMOP

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

This is a firm fixed price, new contract for 55,692 recyclable temperature controlled shipping containers to ship prescription medications to veteran patients. Vendor, American Convoi LLC, a SDVOSB, has demonstrated the ability to provide this product to the station in the past, and as recently as September 2021, satisfying the stations strict specifications.

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

INSULATED RECYCLABLE SMALL SHIPPING CONTAINER BOX 11 1/2 x 10 x 6 KRAFT BOARD GRADE 200B DC WITH WEATHER RESISTANT ADHESIVE WITH A TEAR AWAY ZIPPER (1/2W in X7 1/2L in) LOCATED ON TOP OF THE BOX WITH 1" DOUBLE SIDED TAPE. CONTAINER MUST HAVE INSULATION MOUNTED/PLACED IN BOX. THE BOX MUST BE ABLE TO KEEP TEMPERATURE WITHIN BOX AT A MKT (Mean Kinetic Temperature) AT OR BELOW 45 DEGREES FARENHEIT/8 DEGREES CELCIUS FOR A

MINIMUM OF 48 HRS "REFRIGERATE UPON ARRIVAL"STENCILED IN BOLD BLACK INK "1"TALL

LETTERS PLACED ON THE TOP OF THE BOX 3/4 IN ABOVE THE TEAR AWAY ZIPER PRINTED ON THE TEAR AWAY STRIP “PULL OPEN WITH ARROWWITH ARROW POINTING TO POINT OF STRIP. PAPER

ON THE STRIP MUST BE EASILY REMOVED FOR BOX SEALING. RECYCLABLE/BIO DEGRADEABLE

INSULATION MATERIAL. BOXES WILL NOT BE SHIPPED STACKED INSIDE EACH OTHER; THEY MUST BE

SHIPPED WITH ALL FLAPS FOLDED INTO PLACE WITH THE BOTTOM OF BOX TAPED SEALED AND

READY FOR SHIPMENT. PALLETS MUST BE 40X48 NOT TO EXCEED 238 CONTAINERS PER PALLET.

KITTED BOXES MUST BE SECURED WITH CORNER BOARDS AND COMPLETELY STRETCH WRAPPED TO

THE PALLET.

Value: 55,692 shipping containers at $4.83/each, for a total of $268,992.36 Delivery: as soon as possible, this is an emergency order

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

41 USC §3304(a)(1), 38 U.S. Code § 8127(c)(1), as implemented by FAR 6.302 5 (Authorized or Required by Statute). COs may use the non competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(X ) 819.7007 Sole source awards to a verified service disabled veteran owned small business; or ( ) 819.7008 Sole source awards to a verified veteran owned small business

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

The authority stated above allows sole source awards to SDVOSB based on 38 USC 8127c and that the SDVOSB concern has been determined to be a responsible source with respect to performance.

VHAPM Part 819.7007/7008 Page 2 of 3 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

The vendor, American Convoi LLC meets eligibility requirements in 819.7003, and is listed as a SDVOSB in the VIP database (vetbiz.ba.gov).

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

This is an urgent and compelling emergency need. A Sources Sought was not issued. The SDVOSB vendor, American Convoi LLC has satisfactorily provided this product to the station in the past. In August 2021, a solicitation in sam.gov was made for this very product resulting in only one quote from American Convoi LLC.

On 10/4/21, an Intent to Sole Source to American Convoi LLC was posted on sam.gov.

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

The cost is fair and reasonable as demonstrated in the Stations IGCE report, past prices paid and American Convoi LLC’s recent quote

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

On August 13, 2021 solicitation in sam.gov for this product resulted in one quote from American Convoi LLC, resulting in an award to them in September 2021.

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

None. Using authority under 38 USC 8127(c).

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:

A review of the needs of the facility to develop a long term contract to assist in managing their needs and prevent supply shortages.

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.

Michael T. Sutherland Date Director SW CMOP, Tucson

Sutherland, Michael T. Digitally signed by Sutherland, Michael T.

Date: 2021.10.06 14:57:02 -07'00'

VHAPM Part 819.7007/7008 Page 3 of 3 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

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.

Larry Zaritz Date Contracting Officer

NCO15

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Christy Pendlay Date Supervisory Contract Specialist

NCO15

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

Name Date VHA Head of Contracting Activity (HCA)

October 7th 2021