PM_Part813.5_Atch1_FAR13.5_JA_OVER_SATREDACTED.pdf

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

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID:____________36C770-22-AP-0047_______________________________

1. Contracting Activity: Department of Veterans Affairs, NCO 15 Contracting, Charleston CMOP

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

This is a firm-fixed-price, new contract for 150,000 recyclable temperature-controlled shipping containers to ship prescription medications to veteran patients.

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

INSULATED RECYCLABLE SMALL SHIPPING CONTAINER BOX 11 1/2 x 10 x 6 KRAFT BOARD GRADE 200B DC WITH WEATHER RESISTANT ADHESIVE WITH A TEAR AWAY ZIPPER (1/2W in X7 1/2L in) LOCATED ON

TOP OF THE BOX WITH 1" DOUBLE SIDED TAPE. CONTAINER MUST HAVE INSULATION

MOUNTED/PLACED IN BOX. THE BOX MUST BE ABLE TO KEEP TEMPERATURE WITHIN BOX AT A MKT (Mean Kinetic Temperature) AT OR BELOW 45 DEGREES FARENHEIT/8 DEGREES CELCIUS FOR A MINIMUM OF 48 HRS "REFRIGERATE UPON ARRIVAL"STENCILED IN BOLD BLACK INK "1"TALL LETTERS PLACED ON THE TOP OF THE BOX 3/4 IN ABOVE THE TEAR AWAY ZIPER PRINTED ON THE TEAR AWAY STRIP “PULL OPEN WITH ARROW WITH ARROW POINTING TO POINT OF STRIP. PAPER ON THE STRIP MUST BE EASILY REMOVED FOR BOX SEALING. RECYCLABLE/BIO DEGRADEABLE INSULATION MATERIAL.

BOXES WILL NOT BE SHIPPED STACKED INSIDE EACH OTHER; THEY MUST BE SHIPPED WITH ALL FLAPS FOLDED INTO PLACE WITH THE BOTTOM OF BOX TAPED SEALED AND READY FOR SHIPMENT. PALLETS MUST BE 40X48 NOT TO EXCEED 238 CONTAINERS PER PALLET. KITTED BOXES MUST BE SECURED WITH

CORNER BOARDS AND COMPLETELY STRETCH WRAPPED TO THE PALLET.

Delivery: as soon as possible, this is an emergency order. This is a Brand Specific urgent and compelling emergency need.

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 ( ) National Security ( ) Public Interest

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

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 stations use Brand Specific containters to ship veterans pharamcuitcal items. These containers work with their machines they have at the station on hand currently.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This will be posted on beta.sam.gov as unrestricted so any vendor who can provide this item is welcome to quote.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The cost is fair and reasonable as demonstrated in the Stations IGCE report and past prices paid.

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

Market Research Was Not Conducted: Since the procurement is over SAT then the Non-manufacture rule (NMR) applies. Due to the SBA NMR, as defined in FAR Part 19 and 13 Code of Federal Regulations (CFR) 121.406, an SDVOSB/VOSB/SB set aside of any kind is not feasible as there is no waiver of the Non-Manufacturer Rule from the SBA over the SAT for NAICS code 322211. Based on this research and policy, the rule of two cannot be met to set the procurement aside for a socioeconomic subcategory of small business. This will be posted unrestricted.

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

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: American Convoi has provided quotes on these items in the past.

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: When requesting product, the station should follow the Procurement Action Lead Time schedule to allow the contracting specialist/officer more time to post a Sources Sought Special Notice on sam.gov to explore other potential vendors for maximum competition.

12. Requirements Certification: 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.

Marvin Gilchrist Date Inventory Management Specialist Charleston CMOP

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

PM Part 813.5 SAP for Certain Commercial Items Page 3 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

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.

Larry Zaritz Date Contracting Officer

NCO15

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

Date

Supervisory Contract Specialist

NCO15

Larry M. Zaritz 184054

Digitally signed by Larry M.

Zaritz 184054 Date: 2021.10.29 07:09:39 -05'00'

JUSTIN SMITH

Digitally signed by JUSTIN

SMITH

Date: 2021.10.29 07:33:21 -05'00'