6550--WLR Standing Order for Glycerolyte 57% solution

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 9

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: 36C252-20-AP-4256

Contracting Activity:

Department of Veterans Affairs, NCO 12, Great Lakes Acquisition Center, on behalf of the Capt. James A. Lovell FHCC in North Chicago, IL. 2237#: 556-21-1-7943-0004

Nature and/or Description of the Action Being Processed:

This procurement is for Blood Bags and Blood Glucose solution 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. This action will be awarded as a new firm fixed price contract for the items described below.

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

The Department of Veterans Affairs (VA) partners for procurements with the Department of Defence (DoD) at FHCC Lovell in North Chicago Illinois for procurements. The DoD requires specific types of blood bags (Glycerolyte 57% Glass Bottle 12/cs. Each 100ml) and (Military Quad BPUm PL 1240, 450 CPDA1 Sample Diversion SDS System, PL 146 Plastic 24/cs.). Fenwal is the only manufacturer of the blood bags that meet the DoDs specifications. Items to be delivered in the next 14 days to meet the DoD need. The estimated total value of this acquisition is: $392,000.00

Statutory Authority Permitting Restricted Competition:Â

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:

       ( X ) 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

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

Glycerolyte 57% and Military Quad blood bags are produced specifically for the military s frozen blood program. They are 800ml bags to accommodate for the glycerol that is added to the bag to

protect the red blood cells during the freezing process. If the glycerol is not added, the red blood cells will lyse or rupture during the freezing process and make them useless to the donor that receives them after they are thawed. After exhaustive searches online and in FPDS Fenwal, Inc. is the only known provider of this type of Blood Bag.

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

A Sources Sought Notice was posted on October 05, 2020 and no responses were received. All review of Government Wide Acquisition Contracts (GWAC s) and Federal Supply Schedule (FSS) contracts demonstrated no other sources as able to provide these DoD specific items.

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

The price of the quote from the vendor includes a Federal Government discount. The list price for the Glyceryte 57% is $898.08 and the Government price is $653.18 a discount of 27%. The Blood bags are listed at $895.20 and the Government price is $606.13, a discount of 32%. The third item, a storage system, is priced on the list at $769.25 and the Government price is $214.50, a discount of 72%. The Glycerolyte and Blood Bags were previously purchased for Lovell FHCC in 2019 by the VA. The price of the Blood Bags and Glycerolyte has increased due to the availability of these products during the ongoing SARS-COV-19 Pandemic.

When conducting internet searchs for like items a similar blood bag was found, (600mL vs. 800 mL, since 800 mL blood bags are only used by the military for this Frozen Blood Program) provided by Fisher scientific for a price of $697.74. This commercial price for a smaller 600ml bag is the standard market price and roughly 15% more expensive that the larger DoD specific bag for this purchase.

Based on the above noted discounts offered and the comparison of historical VA purchase pricing, combined with the analysis of like product pricing above the prices for the items to be purchase on the forthcoming contract have been determined to be fair and reasonable.

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

Market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition and review of mandatory sources of supply, advising industry of the pending acquisition and soliciting inquiries from interested parties.

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

After exhaustive market research which included a Sources Sought Notice, a search of all VA databases, and FPDS, no other vendor was found who could provide the needed items. Additionally the DoD specific use of the items does not lend itself to competion.

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

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:

No Actions are planned since James Lovell, FHCC is the only VA Facility that requires these specific DoD type of blood bags in connection with Joint NAVY facility.

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.

_____________________________ ____________________

Jeremy Simmons 12/22/2020

Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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.

_____________________________ ________________________

Farrukh Daniel Date: 12/22/20

Title: Contracting Officer

Facility: GLAC

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.

_____________________________ ________________________

David Picchi Date: 12/22/20

NCO/PCO 12

Facility: GLAC