P03 - JA - Part806.3 - Atch2 - BD COVID Reagents - Redacted.pdf

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

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 (>SAT)

Acquisition Plan Action ID: 36C257-20-AP-1979

RPO-West Tracker #: 2020-3-27T13:20:06

1. Agency: Department of Veteran Affairs (VA)

Contracting Activity: Network Contacting Office 17 7201 Interstate 40, West, Ste. 100 Amarillo, TX 79106

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

NCO-17 intends to negotiate a sole source open market contract for the procurement of SARS-CoV-2 (COVID-19) testing reagents from Becton, Dickinson and Company (BD). The proposed contract will be awarded as a new firm-fixed price action, identified as a standing-order – which items are to be requested on an as-needed basis, with a period of performance of six (6) months, with an option for an additional six (6) months.

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

Description Item Number Unit Quantity BioGX SARS-CoV-2 Reagents (for the BD MAX) 444213 KT 400 BD MAX ExK TNA-3 (for the BD MAX) 442827 KT 400 BioGX SARS-CoV2 & RNase P Synthetic Single- Stranded RNA Control Templates

444214 KT 20

Estimated Period of Performance: 4/1/2020 through 3/31/2021 Estimated Value (including estimated shipping costs): $REDACTED

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

41 USC §3304(a)(1), as implemented by FAR 6.302-2

( ) (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;

OFOC SOP Revision 08 Page 2 of 3

Revision 08 Date: 04/18/2018

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

The Central Texas Veterans Health Care System (CTVHCS), Pathology & Laboratory Medicine Service (P&LMS), currently owns and operates a BD MAX analyzer. The P&LMS laboratories within the Veterans Integrated Service Network 17 (VISN17) currently do not have COVID-19 testing kits available. Procurement of the requested kits will allow the CTVHCS to test veteran patients who are under investigation for COVID-19.

The requested items are needed due to the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak; President’s proclamation dated 03/13/2020.

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

Due to the urgent and compelling nature of the request, no efforts were made to solicit potential sources for the requirement.

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 costs will be fair and reasonable. An analysis of comparable or similar reagent products to the proposed prices will be conducted.

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

Market Research Was Not Conducted:

A search of the mandatory sources of supplies for procurement, UNICOR and Ability One, revealed that they do not offer the requested supplies. A search of GSA Advantage did not find the requested items offered on the website, or on Becton Dickinson’s NAC FSS. A search of OSDBU’s VIP search tool did not find a SDVOSB or VOSB that offers Becton Dickinson products or services.

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

The requested products are new products created for the detection of COVID-19.

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:

Market research will be conducted prior to placing any new order requirements to determine if there have been any changes in the marketplace.

OFOC SOP Revision 08 Page 3 of 3

Revision 08 Date: 04/18/2018

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//__________________________3/30/2020____

REDACTED Date:

Microbiology Supervisor Central Texas Veterans Health Care System

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//____________________________3/30/2020____

Contracting Officer

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

//SIGNED//____________________________3/30/2020____

Branch Chief, Services III Network Contracting Office 17 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx