P03-JA Memo to File-Brand Name Biohazard Gear Signed.pdf

MEMORANDUM TO THE FILE (605-21-2-7850-0065)

Subj: JUSTIFICATION FOR USE OF BRAND NAME ONLY FOR AN ACQUISITION

UNDER THE SIMPLIFIED ACQUISITION THRESHOLD

1. Organization/Line Office:

VA Loma Linda Health Care System (VALLHS)

2. Description of Action being approved:

This solicitation is requesting a firm fixed price to purchase various brand name Biohazard Protective Gear via an open-market Service-Disabled Veteran Owned Small Business (SDVOSB) set aside.

3. Description of Product, Supplies or Services:

The various brand name items requested (or portion thereof) provide protection and compliance solutions for users to safely handle Biohazardous materials that meet the VALLHS requirements in addition to standards established by Local, State, and Federal Regulations.

Note: Please review the solicitation for additional product information, components, and details.

• Chemical Resistant Gloves

• Over-boots

• Coveralls

• Battery Packs and Batteries

• Cartridges

• Tarps

• Wire Security Carts

• Decontamination Showers

4. An identification of the statutory authority permitting other than full and open competition. (Requesting Office completes with assistance of Contract Specialist)

a. FAR 13.I06-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

b. As required by FAR 13.106-3(b)(i), this memorandum explains the limitation of sources for this acquisition, as only one brand name will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplif ied acquisition threshold.

5. Determination for use of other than full and open competition:

(Select all that apply)

A. _ ONLY ONE RESPONSIBLE SOURCE (select a/I that apply):

1. _ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

2. _ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. OTHER REASONS.

B. _X_ BRAND NAME

Various Brand Names are being used as descriptors from information provided by the using service with the following being included as decision factors for the award being made to the response most advantageous to the Government.

• Exact match, and price.

• Quoters shall list exception(s) and rationale for the exception(s), if any.

Exceptions provided by quoters within the submission of questions period and/or the submission of offers period will be evaluated by the Subject Matter Expert(s) of the using service with a result being either acceptable or non-acceptable with written responses obtained for any item deemed non-acceptable.

C. ___ URGENT AND COMPELLING

The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits quotes. Urgent requirements are supplies or services that will result in a work stoppage or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

6. Certifications

As the Contracting Officer, I certify that the evidence of the supporting data that forms the basis of this justification is complete and accurate.

Helena Roba

Contracting Officer