P03 - Part 813.5_JA_OVER_SAT - JEAN COOLERS - BELOW 750K - POST TO SAM.pdf

Rev: 13 Effective Date: 02/01/22 Page 1 of 4

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C770-24-AP-0020

1. Contracting Activity:

Department of Veterans Affairs, NCO 15 Contracting, Charleston CMOP, Purchase Request: 766-24-1-401-

2. Nature and/or Description of the Action Being Processed: This is an individual sole source justification to support the procurement of the following item:

Recycled Jean Coolers (11.5”x 10”x 6”)

CMOP ID#: 16499

Qty requested: each

The Charleston CMOP facility requires the above item to be procured with the support of the instant justification and approval for other than full and open competition. The proposed procurement action will be a firm fixed price contract award for the supplies.

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

The estimated value of the proposed action is

The item above supports Veteran patient prescriptions.

This order is to be delivered 2 days ARO with weekly deliveries. Expected period of performance is 12/01/23 – 02/01/24.

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:

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

Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Sole Source Justification Format >SAT

Rev: 13 Effective Date: 02/01/22 Page 2 of 4

( ) 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):

The CMOP facilities ship temperature sensitive pharmaceuticals to Veterans daily. To maintain their stability, these pharmaceuticals are required to be shipped in durable weather-resistant coolers to Veteran patients across the country. Currently vendor American Convoi, an SDVOSB, is the only known source who can provide coolers that meet the strict requirements the CMOP facility has for shipping these pharmaceuticals. A five year IDIQ is currently being worked on that will include this cooler, and a sources sought will be posted to determine if there are any other vendors that can provide them.

However, right now there is not enough time to have new vendors send samples to the CMOP to test and approve for use, as this requirement is needed by 12/01/23.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: See #4 above.

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

The anticipated cost will be fair and reasonable. American Convoi is currently suppling this product on contract #36C77024P0007, which was awarded on 10/10/23 and the price is still the same.

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

Based on the market research conducted and IAW VAAR 819.7008, American Convoi LLC, a VIP listed SDVOSB, has successfully provided the requested item in the past and is the only known source that can fulfill this requirement. Therefore, a sole source award will be made to American Convoi, LLC.

Buy American Statute: the items in this procurement are domestic end products.

Therefore, no exceptions to the Buy American Act apply and no Trade Agreement applies (FAR Part 25).

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

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: N/A

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 new coolers IDIQ package supporting this requirement is currently being worked with an expectation of being awarded within the next six months.

Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Sole Source Justification Format >SAT

Rev: 13 Effective Date: 02/01/22 Page 3 of 4

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.

GLENDA DAME

Digitally signed by GLENDA

DAME

Date: 2023.11.07 10:26:00 -05'00'

Glenda Dame Date Inventory Management Specialist Charleston CMOP

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.

RENEE KREUTZER Digitally signed by RENEE KREUTZER Date: 2023.11.07 10:52:29 -06'00'

Renee Kreutzer Date Contracting Officer NCO 15 – CMOP Division, Team I

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

LARRY

ZARITZ

Digitally signed by

LARRY ZARITZ

Date: 2023.11.07 12:46:23 -06'00'

Larry Zaritz Date Acting Branch Chief Supervisory Contract Specialist, CMOP Team 1