PM_Part806 Justification and Approval-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 Page 1 of 3 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: 36C263‐20‐AP‐4423

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: 618‐20‐4‐8424‐0179

2. Nature and/or Description of the Action Being Processed: A firm‐fixed price purchase order for AAMI Level 4 Disposable Gowns for VISN 23.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for AAMI Level 4 Disposable Gowns 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: 20 Each‐AAMI Level 4 Disposable Gowns for VISN 23 in the following quantities and sizes:

2,000 each‐ AAMI Level 4 Disposable Gowns ‐Size Large

10,000 each‐ AAMI Level 4 Disposable Gowns ‐Size X‐Large

8,000 each‐ AAMI Level 4 Disposable Gowns ‐Size XX‐Large

Estimated cost: [REDACTED]

Estimated Delivery: Delivery 4 Weeks ARO

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

(X) (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;

( ) (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;

OFOC SOP Revision 09 Page 2 of 3 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

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).

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 gown shortages, and with increasing supply allocations being implemented, has greatly reduced the availability of gowns and other personal protective equipment.

This vendor is a small business with gowns available and can meet the government requirements with regards to quantity and delivery timelines. This vendor has delivered gowns previously during 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 gowns at this time, the government has validated the source of supply, and the sample gown offered by this vendor meets 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: Market Research was conducted on the Vetbiz registry, using NAICS code 339113, and 440 results were returned. Nobel Attorney, LLC 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 Page 3 of 3 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 gowns be needed, the government will conduct market research to determine if additional sources can be found that have the required functionality and compatibility with existing system, 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.

Kevin Skwor Date Acquisition Utilization Specialist 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.

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.

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

[SIGNATURE REDACTED] 7/27/2020

[SIGNATURE REDACTED] 7/27/2020

[SIGNATURE REDACTED] 7/27/2020