PM_Part806 3_Atch2_FAR6_JA_OVER_SAT-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 09 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C263‐21‐AP‐0274

1. Contracting Activity: Department of Veterans Affairs, Network 23 Contracting Office, 4801 Veterans Drive, St. Cloud, MN 56303

Organizational Activity: Department of Veterans Affairs, Veterans Integrated Service Network (VISN) 23, 2805 Dodd Rd, Ste 250, Saint Paul, MN 55121

2237 Number: 618‐21‐1‐8424‐0039

2. Nature and/or Description of the Action Being Processed: A firm‐fixed price purchase order for N95 1870+ Mask.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for N95 1870+ Masks in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303‐2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: 5000 boxes of N95 1870+

Estimated cost: $500,788.00

Estimated Delivery: Delivery at a rate of 1,000 box per week for 5 weeks.

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

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302‐1;

(X) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302‐2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302‐3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302‐4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302‐5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302‐6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302‐7;

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106‐1(b)(2).

OFOC SOP Revision 09 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): On March 13, 2020, the President declared the COVID‐19 pandemic a national emergency. As a result of the COVID‐19 pandemic and the declared national emergency, the supply chain has been overburdened to the point that there are now significant N95 mask shortages, and with increasing supply allocations being implemented, has greatly reduced the availability of N95 masks and other personal protective equipment.

This vendor is a small business with a current allocation of 1,000 N95 masks per week from the manufacturer, and can meet the government requirements with regards to quantity and delivery timelines. This vendor recently shipped 1,000 boxes of N95 masks to support the VA’s response to this epidemic, so therefore this vendor provides the government with the greatest confidence that they could deliver this emergent personal protective equipment requested in the shortest time to support the combat of the COVID‐19 virus amongst veterans served by VISN 23.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to the unprecedented and unforeseen circumstances that have arisen from the COVID‐19 pandemic, it is not practical to seek full and open competition for these N95 Mask at this time, the government has validated the source of supply, and the masks offered by this vendor will meet the needs of VISN 23 to combat the COVID‐19 virus amongst veterans served by

VISN 23.

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

Reasonable: A comparison will be made to the prices found reasonable on previous purchase IAW FAR 13.106‐3 (a)(2)(ii).

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

Market Research Was Not Conducted: Ernest Printzen DBA Image Medical & Dental Supply provides the government with the greatest confidence that they could deliver this emergent personal protective equipment requested in the shortest time in order to continue to meet the VA’s Mission.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None.

OFOC SOP Revision 09 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

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: This is a one‐time emergent procurement to support VISN 23’s effort to combat the COVID‐19 virus amongst veterans served by VISN 23. In the future, should additional masks are needed, the government will conduct market research to determine if additional sources can be found and, any future procurement will be through a competitive solicitation.

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.

10/21/2020

Sid Bell Date VISN 23 Deputy Chief Logistics Officer Veterans Integrated Service Network 23

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.

10/21/2020

Andrea Harter Date Contracting Officer Network 23 Contracting Office (NCO 23)‐ St. Cloud

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.

10/21/2020

Jameson Schwartz Date Branch Chief Network 23 Contracting Office (NCO 23)‐ St. Cloud

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