PM_Part813.5_Atch1_FAR13 REDACTED.pdf

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT‐$7M under FAR13.5

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 3 Original Date: 08/30/17 Revision 02 Date: 08/04/2020

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C263‐21‐AP‐0700

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: 618‐21‐1‐8424‐0077

2. Nature and/or Description of the Action Being Processed: A firm‐fixed price purchase order for 2.5 million each,

3. Nitrile Gloves that are approved for chemo use for VISN 23.

4. Description of Supplies/Services Required to Meet the Agency’s Needs: Nitrile Gloves (12 inch) for VISN 23 in the following quantities and sizes:

a. 400,000 each‐ Nitrile Gloves‐Size Small

b. 1,000,000 each‐ Nitrile Gloves‐Size Medium

c. 600,000 each‐ Nitrile Gloves‐Size Large

d. 500,000 each‐ Nitrile Gloves‐Size Extra Large

Estimated cost: $647,500.00

Estimated Delivery: Delivery 14 Days ARO

5. 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

(X) 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

Revision 02 Date: 08/04/2020

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

This vendor is a small business with gloves rated for chemotherapy usage on hand and can meet the government requirements with regards to quantity and delivery timelines. This vendor has delivered other personal protective equipment 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.

7. 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 gloves at this time. The government has validated the source of supply, and the gloves offered by this vendor will meet the needs of VISN 23 to combat the COVID‐19 virus amongst veterans served by VISN 23.

8. 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).

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

Market Research Was Not Conducted: Noble 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.

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

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

12. 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 an 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 gloves be needed, the government will conduct market research to determine if additional sources can be found that can meet the government’s requirements. If sothose future procurements will be conducted through a competitive solicitation.

PM Part 813.5 SAP for Certain Commercial Items Page 3 of 3

Revision 02 Date: 08/04/2020

13. 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 Redacted]___________ _11/18/2020_________________ Sidney Bell Date VISN 23 Deputy Chief Logistics Officer Veterans Integrated Service Network 23

14. 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)