UNSIGNED PM_Part813.5_Atch1_FAR13.5_JA_OVER_SAT-COVID water testing JA 3.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:___Wastewater Sampling COVID_

1. Contracting Activity: Department of Veterans Affairs, Central Office

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

The procurement is for sampling and shipment of the samples at various medical centers.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This project, will collect, ship and test wastewater from eight (8) individual VA Community Living Centers (CLCs) for SARS-CoV-2 survailence by monitoring of wastewater for the virus. CLC buildings selected are stand-alone (i.e., not physically located in an acute care building). The contractor under this acquisition will collect samples from designated sanitary sewer manholes, package, and ship or delivered (one site only) to the designated VA laboratory for processing.

The current IGCE is $780,000, the contract must commence immediately due to the urgency of the pandemic and will run for 6 months.

4. 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

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 COVID-19 pandemic is continuing to escalate across the country with respect to virus transmission and hospitalizations. Nursing homes continue to be severely impacted, with over 72,000 deaths in US nursing homes as of the first week of December (CMS Data). The VA Community Living Center (CLC) wastewater surveillance project will pilot an early warning system for presence of a CLC occupant who is virus-positive. The project has the potential to prevent virus transmission within the CLC and could prevent CLC occupants from becoming ill. Because of this critical potential benefit, starting the project as soon as possible is paramount

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

An RFI was sent out nationally and qualified interested vendors responded. Responses were received, and notated below. The vendor with the apparent low estimate was requested to confirm their pricing and provided an updated quote of $678,914.

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

Reasonable: Based on the estimates provided in the RFI response and the quote recieved, they align well with the IGCE therefore it is felt that this is the best value for the government. In addition, since CDM Smith has been found to be fully capable and is the low bidder from the sources below, this is the best value to the Government. The updated quote received was $678,914 for the 180 day performance defined in the RFI therefore CDM is still the lowest bidder with their firm price as they included shipping and the other vendors that responded to the RFI in the same range did not. Due to the pandemic bidding with full competition is not feasible due to the delay in execution.

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

Reasons Market Research Was Not Conducted:

An RFI was issued and four vendors responded. The responses were analyzed and it was determined that the vendor proposed is the best value, and lowest priced technically acceptable to the government to execute the work. The vendor was requested to provide a firm quote which was still the lowest price technically acceptable

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:

• CDM Smith - $481,500- fully qualified. Final quote was $678,913 including shipping so it is still the lowest cost as shipping is estimated at $260,000

• AECOM – $1.2-1.5 M- qualified

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Revision 02 Date: 08/04/2020

• CCG-TTL - $696,387 plus shipping. – concern with national presence

• HSS - $775,000 – qualified.

• EMT-$576,000 plus shipping- qualified.

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:

Due to the urgency and status of the pandemic it is imperative to execute the contract and begin sampling immediately. Since estimated pricing was provided with the RFI responses and updated firm qoute, the barriers for this specific requirement were met. Delays will put patients at continual risk.