6515--Supply: VISN Wide Face Shields - Emergency

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP

Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 08

Original Date: 03/22/11 Revision 08 Date: 04/18/2018

Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C248-20-AP-2186

Contracting Activity: Department of Veterans Affairs, VISN 8, Network Office

516-20-3-2117-0023

Nature and/or Description of the Action Being Processed:

VISN 8 facilities are in emergent need of face shields to protect health care workers during the COVID-19 pandemic. There is a national shortage of PPE available for purchase and we have been notified of availablility through Medline that can be shipped in 1 week. Inventory cannot be held and are distributed first come first serve hence the request for an emergency order.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for (Face Shields, Item# NONFS600, QTY 10,400 @ $144/box) 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.

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

Face Shields, Item# NONFS600, QTY 10,400 BX (24/BX) @ $144.00/BX . Total cost $1,497,600.00

Statutory Authority Permitting Other than Full and Open Competition:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( X ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4

( ) (5) Authorized or Required by Statute FAR 6.302-5; ( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

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 for restricting competition on this procurement via FAR 13.106-1(b)(2).

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

VISN 8 facilities are in emergent need of face shields to protect health care workers during the COVID-19 pandemic. There is a national shortage of PPE available for purchase and we have been notified of availablility through Medline that can be shipped in 1 week. Inventory cannot be held and are distributed first come first serve hence the request for an emergency order.

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

VISN 8 facilities are in emergent need of face shields to protect health care workers during the COVID-19 pandemic. There is a national shortage of PPE available for purchase and we have been notified of availablility through Medline that can be shipped in 1 week. Inventory cannot be held and are distributed first come first serve hence the request for an emergency order.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

Market research confirms current list price for the NONFS600 Face Shields manufactured by Medline Industries, Inc. is $244.00 per BX of 24 each making the cost of each individual mask $10.16. Medline Industries, Inc. has offered a price to the Department of Veterans Affairs at a discounted cost of $144.00 per BX of 24 each making the cost of each individual mask $6.00. When comparing the manufacturers suggested retail price with the current price offered on the quote received the price is determined by the CO as fair and reasonable.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

VISN 8 facilities are in emergent need of face shields to protect health care workers during the COVID-19 pandemic. There is a national shortage of PPE available for purchase and we have been notified of availablility through Medline that can be shipped in 1 week. Inventory cannot be held and are distributed first come first serve hence the request for an emergency order.

Describe results of market research conducted pursuant to FAR Part 10:

In order to satisfy the VA rule of two a search was conducted on the VIP website to determine possible SDVOSB and VOSB concerns using the NAICS code 339113 and keyword NONFS600 and a total of 0 companies were located. Due to a national shortage of PPE during the COVID-19 pandemic the required qty of face shields are an emergent need and can only be supplied by the manufacturer (Medline Industries, Inc.). The manufacturer is also able to provide the required face shields within one week of the date of order.

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

None

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Medline Industries, Inc.

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP

Attachment 2: Request for Sole Source Justification Format >SAT

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 unforeseen need and emergent nature of this requirement the requesting service was not able to remove or overcome the barriers to competition. However, the requesting service is currently monitoring the market to determine if future PPE needs can be competeted when the need arises.

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. Awarded contract 36C24820P1019 to MEDLINE INDUSTRIES, INC.;3 LAKES DR;NORTHFIELD;IL;60093 for unknown amount on 2020-04-08.