-19299.pdf

OFOC SOP Revision 08 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C242-20-AP-0138

1. Contracting Activity:

Department of Veterans Affairs, New York/New Jersey Healthcare System Veterans Integrated Services Network (VISN) 2 Upstate Albany Stratton VA Medical Center (528A8) 113 Holland Avenue, Albany, NY 12208

2. Nature and/or Description of the Action Being Processed: Network Contracting Office (NCO) 2, Albany VAMC intends to award a sole source, firm fixed price contract for construction services to Robert F. Hyland & Sons (Hyland), a Service-Disabled Veteran Owned Small Business (SDVOSB), registered in the Vendor Information Pages (VIP). This requirement is for construction services to complete 528A8-10-801 Consolidate Labs on 3B project that the previous contractor was unable to perform.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The proposed contract is for general construction work to complete unfinished work on the 528A8-10-801 Consolidate Labs on 3B project. The work includes plumbing, electric, HVAC, carpentry and commissioning tasks. All work is related to making the space fully functional for the laboratories as well as correcting code and safety violations left by the previous contractor. The value of the contract is estimated to between $100,000 and $250,000 with a period of performance to be 90 days past the Notice to Proceed.

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): The work is unusual and compelling urgency because custom-built chemistry analyzers are scheduled to arrive in early 2020.

It became clear that the original prime contractor for the project was not going to finish the space before that. The analyzers will be set up in the main Chemistry Lab and all work must be completed prior to instrument installation and validation, which takes approximately two months. The Albany VAMC does not have the ability to delay installation of the analyzers because all VISN 2 medical

OFOC SOP Revision 08 Page 2 of 3

Revision 08 Date: 04/18/2018 centers are receiving the new analyzers on or about the same time. All analyzers must go live across the VISN on the same day and time. A delay in the Albany installation will affect all VISN 2 medical centers as well as national installation schedule.

The incumbent contractor performed very little work in the summer and early fall of 2019 and had no scheduled work at least into mid-October. They were aware the analyzers were scheduled to arrive in the Fall since at least March 2019. They were also made aware of the consequences to the VA in the event the space was not completed prior analyzers’ arrival. The amount of remaining work to complete the project, the lack of recent work occurring on site and the lack of a schedule to complete outstanding items gave the VA no confidence the incumbent would finish in the needed timeframe.

Given the grave consequences of the space not being completed on time, the VA elected to accept the project space “as-is” to remove the incumbent contractor. This would allow for the VA to put a contract in place to complete the work. However, the typical bidding process does not allow enough time for procurement and performance before the analyzers scheduled arrival

The VA intends to award to Hyland who is currently performing similar services at the Albany VAMC Hyland has indicated they have the staff and subcontractors on site to complete the work on 3B.

Additionally, the Project Manager for Hyland worked for the incumbent contractor when the 3B Lab project began, so he has familiarity with the project scope, specifications and drawings.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: While there are other SDVOSB construction contractors that may be able to perform the work, Hyland is already performing similar work at the Albany VA Medical Center. Given the circumstances and urgency to mitigate further damages to the VA other contractors will not be asked to provide a proposal.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will determine the fair and reasonableness of the proposed prices through a compassion of those prices to the Independent Government Estimate (IGE) submitted by the VA COR. The IGE was created using RS Mean estimating program and included costs for the urgent period of performance, contractor bonds, overhead and profit.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: NCO 2 conducts ongoing market research for similar services. Typically, the VA receives adequate competition for similar construction services. The NAICS for this work is 236220 with a small business size standard of $36.5 million.

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: None.

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: The VA will make every attempt to manage project risk on future projects to ensure a similar situation does not occur. This will include but not limited to, additional monitoring of contractor performance and taking appropriate steps to correct contractor performance issues.

OFOC SOP Revision 08 Page 3 of 3

Revision 08 Date: 04/18/2018

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.

Kenneth Eigen Date Chief Engineer Albany VAMC

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

a. 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.

Rachel Beason Date Contracting Officer

NCO 2

http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx