6515 - Care Soft Nitrile Gloves

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C246-21-AP-3034

1. Contracting Activity:  Department of Veterans Affairs, VISN 6, Durham Medical Center. Purchase request number: 558-21-3-2173-0200.

1. Nature and/or Description of the Action Being Approved:  This is an emergency procurement for Gloves. The Durham VA Medical Center has an urgent need for the Awen Solutions Group Care Soft Nitrile Exam Glove because previous delivery of the other gloves did not meet standard of Personal Protection Equipment (PPE) for COVID-19 infection.

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

Durham VAMC  submitted a Procurement Request Package on April 21, 2021 for $605,880.00 to purchase Nitrile Examination Power Free Gloves, Non-Sterile Disposable for single use only, Ambidextrous, textured not made with nature rubber, Latex, 100 PCS by count per card, sized in extra small, small, medium, large and extra-large. To satisfy the DVAHCS response to an outbreak of respiratory disease cause by coronavirus (SARS-CoV-2), DVAHCS Supply Chain Management is responsible for supporting 27 county network with supply chain capabilities that includes storage and prepositioning stock as require in support of the Veterans, Staff, and Community Members, in response to this pandemic.

1. Statutory Authority Permitting Other than Full and Open Competition:  41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute).  COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000.  Check the specific VAAR clause used below:

(X) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or

( ) 819.7008 Sole source awards to a verified veteran-owned small business

1. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

 VAAR 819.7007  authority allows sole source awards to SDVOSB based on 38 U.S.C. 8127(c) and that the SDVOSB concern has been determined to be a responsible source with respect to performance.  Additionally, Awen Solutions Group LLC is a small business under NAICS Code 339113 and is currently registered in VetBiz. 

1. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies:

 Per exception FAR 5.202 (a)(2) & FAR 6.302-1(2)(i) Only One Responsible Source and no Other Supplies will satisfy Agency requirement. Th award will be made using simplified acquisition procedures and there is unusual and compelling urgency. Durham would not be able to provide proper PPE and risk the staff and veterans chance of infect with COVID-19.

1. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:  The unsolicited proposal price for this order $198.00 per 100 gloves for five type of gloves, totaling $605,880.00. NCO 22 awarded an order under 36C26221P0616 for similar type of gloves which the total order was $98,700.00. Contracting Officer emailed the Contracting officer for a copy of the order to determine price reasonable.

1. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:  Contracting Officer conducted market Research and the vendor meet criteria outlined in VAAR 819.7003, they are a verified SDVOSB in VIP and the action is below the $5M threshold. Due to the request urgent delivery of Care Soft Nitrile Gloves and the availability, DVAHC received an unsolicited proposal for the gloves that are readily available. To eliminate the spread of COVID-19 due to lack PPE, standard procedures for acquisition of gloves are Other than Full and open Competition.

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

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

1. 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:  As the DVAHC approved PPE gloves are met and stocking on hand level is obtain, Care Soft Nitrile Exam Gloves will procure thru normal procurement procedures.

1. 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. 

___ORIGINAL SIGNED_______________                                                                                                                    ________________________

Name: David Marquette                                                 Date

Title: Veterans Health Administration

Facility: DVAHCS

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

1. 1. 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.

__ORIGINALSIGNED_____                                                                                                                    ________________________

Name: James Brown                                                        Date

Title: Contracting officer

Facility: NCO 6, contracting

1. 1. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K):I certify the justification meets requirements for other than full and open competition.

___ORIGINAL SIGNED_______                                                                                                                    ________________________

Name: Keeshia Newman                                                 Date

Title: Division Chief

           Facility: NCO 6

Awarded contract 36C24621P0874 to unknown vendor for unknown amount on 2021-04-27.