-15974.pdf

DEPARTMENT OF VETERANS AFFAIRS

Emergency Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C261-19-AP-1437

1. Contracting Activity:

Department of Veterans Affairs, VISN 21, VA Southern Nevada Health Care System Purchase Request: 593-19-1-577-0050sure

2. Nature and/or Description of the Action Being Processed: Network Contracting Office (NCO) 21 anticipates the sole source award of a firm-fixed price contract for a contractor to repair fuel storage tank spill buckets at the VA Southern Nevada Health Care System. The contractor is Petroleum Systems & Maintenance, Inc. who is a small business and is a responsible source with respect to this procurement. Petroleum Systems & Maintenance, Inc., DUNS: 03709423, CAGE Code: 0MCJ4, 2609 S Highland Drive, Suite 110, Las Vegas, NV 89109.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Provide labor, materials, equipment and supervision to secure a Southern Nevada Health District (SNHD) repair permit, remove existing failed spill buckets, provide and install three new spill buckets, perform hydrostatic pre-test and SNHD inspections.

The estimated price is $76,842.00.

4. 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;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): When the agency’s need is of an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for. This acquisition requires the authority cited due to Environmental Impacts (soil and/or groundwater contamination) and significant repair needs of emergency boiler plant operations equipment. The emergency underground fuel storage tanks #2, #3 and #6 have failed spill buckets. The VA would be significantly impaired if the emergency boiler plant operations failed to operate and the VA would incur environmental liabilities if the spill buckets aren’t repaired immediately.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Under the statutory authority permitting other than full and open competition, as specified above, this unusual and compelling urgency authorizes the Government to limit full and open competition. A notice of award will be publicized IAW FAR Part 5.2.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: A determination by the contracting officer that the anticipated cost to the

Government will be fair and reasonable: The IGE has been developed by a well-qualified engineer, and reviewed by the VA Southern Nevada Health Care System Senior Engineering Staff. IGE will be used to substantiate pricing techniques described in FAR 15.404-1(b)(2)(v) and (vi) and will be used to establish the cost to the Government will fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: To accomplish the work in this requirement, the contractor must be on the Nevada State Underground Tank Handler Listing and the Underground Tank Tester Listing. Both lists were queried and it was found that Petroleum Systems & Maintenance, Inc. who is a small business meets the requirement of both listings.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None other than those indicated above.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The listing of sources is

N/A. Requesting offers from as many potential sources as is practicable would unreasonably delay the acquisition.

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: There are no barriers to competition. There will be no subsequent acquisitions for this service.

12. 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.

Name: Megan Barr Date Title: Contracting Officer

13. Approvals in accordance with the VHAPM, Volume 6, Chapter VI: OFOC SOP.

a. Contracting Officer : I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Name: Megan Barr Date Title: Contracting Officer

12/19/2018

12/19/2018 http://vaww.pclo.infoshare.va.gov/PMWeb/Vol6Chapter6.aspx