-18771.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 (>SAT)

Acquisition Plan Action ID: 36C242-20-AP-0157

1. Contracting Activity:

Department of Veterans Affairs, Fingerlakes Healthcare System Veterans Integrated Services Network (VISN) 2 Upstate Canandaigua VA Medical Center (528A5) 400 Forth Hill Ave, Canandaigua, NY 14424

2. Nature and/or Description of the Action Being Processed: Network contracting Office (NCO) 2 Canandaigua VAMC intends to award a sole source, firm fixed price contract for construction services to Finger Lakes Enviro-Tech, D.BA. T & R Environmental, a certified small business. This requirement is for services to complete an emergency project, 528A5-20-504, Soil Remediation near Bldg 201, that needs to be completed to ensure safety for occupants surrounding the contaminated site and those downstream of the site.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The proposed construction contract is for project 528-A5-504 Soil Remediation near Bldg 201. The work includes emergency analytical soil testing, remediation plan development preparation for New York State Department of Environmental Conservation (DEC) review/approval, remediation efforts, waste and/or hazardous waste disposal, and site restoration. Quick identification of the type and extent of hazard present as well as swift remediation of the hazard is required to ensure safety of Veterans, employees, and the surrounding site occupants. The total value of the contract is estimated to be $315,000 with a period of performance of 90 days past the Notice to Proceed. This project is required to ensure compliance with the federal Clean Water Act and NYS water quality standards.

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 of compelling urgency because of the potential threat of contamination to the waterways surrounding the site. In order to meet DEC requirements for addressing this issue, it is critical that the contractor hired to address this issue be both compentent and capable. The incumbent contractor recently

OFOC SOP Revision 08 Page 2 of 3

Revision 08 Date: 04/18/2018 performed an emergency fuel remediation at the Canandaigua VAMC and demonstrated during that event they could, without error, meet all DEC requirements due to their immense skillset dealing with contaminants. Additionally, the contractor has equipment and personnel resources readily available to act quickly. Delays in identification of the magnitude and type of contamination and in acting on that information could be dramatically impactful to the surrounding VA and community. It is of utter importance that this competent contractor be put in place immediately to address this issue quickly and safely for all involved.

The potential consequences to veterans, VA employees, and the community of not moving forward quickly to identify the true issue and to develop a way forward does not allow for the traditional bidding process to be followed. It is critical that any administrative time that can be removed from the process be removed so that an accurate work plan can immediately be developed and executed.

Additionally, the current contamination site is located on the site of an on-going construction project at the VA which is delayed in part due to this discovery. This project is the first in a series of projects that provide critical updates to facilities throughout the campus. A delay in the project will have a ripple effect in upgrading other key facilities on base.

The VA intends to make award to T&R Environmental a contractor who has previously performed similar services at the Canandaigua VAMC. T&R Environmental has a proven track record in meeting New York State (NYS) Department of Environmental Conservation (DEC) requirements and they are a DEC preferred vendor. Additionally, T&R Environmental is listed as the clean-up contractor in the Canandaigua VAMC Spill Prevention Control and Countermeasure Plan dated September 2019. T&R has indiciated that they have the staff and subcontractors on staff to perform this work immediately.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Given the soil condition was unknown and the immediate risk to personnel within and around the contaimination site minimal efforts were made to solicit to other sources. However, once the immediate are is clear of contamination and additional testing performed, the VA may pursue additional remediation efforts through a competive procurement process.

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, overhead and profit.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Given the urgent nature, minimal market research was conduct. The search on the Vendor Inofrmaiton Pages returned zero results for SDVOSB/VOSB contractors under the NAICS for soil remediation. T&R Environmental is a certified small business who has performed similar remediation services at the Canandagua VA campus.

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 known.

OFOC SOP Revision 08 Page 3 of 3

Revision 08 Date: 04/18/2018

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: Given the soil condition was not previously known in this area or for other areas around the Canandadigua campus, it would not be feasible to have a plan for future acquisitions. The unrelated related fuel spill T&R Envoronmental performed on the Canandaigua campus led to the update of the local Canandaigua VAMC Spill Prevention Control and Countermeasure Plan.

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.

Eric Smith, PE Intermin Engineering Chief Canandaigua 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 Contracting Officer Construction II, NCO 2

b. 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.

Edward Kostolansky Supervisory Contract Specialist

Construction II, NCO 2 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx