C01 J_A Sole Source Emergency_OR Flooring_Redacted_.pdf

Attachment 1: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C242-26-AP-1074

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-26-AP-1074

1. Contracting Activity: Department of Veterans Affairs, VISN 02, Station 526 James J.

Peters VA Medical Center.

• NCO2 Contracting – James J. Peters VA Medical Center

• 2237: 526-26-1-636-0079

2. Nature and/or Description of the Action Being Processed:

This is an emergency construction contract for the James J. Peters Veterans Affairs Medical Center, 130 West Kingsbridge Road, Bronx, New York 10468 to furnish all supervision, labor, equipment, and material necessary to replace the existing flooring with Stonhard flooring in the OR area. The work under this scope includes the removal of existing floor finishes and installation of new seamless, resinous Stonhard flooring in Operating Rooms (ORs), Control Rooms, and Corridors within the surgical suite area. The new flooring system shall meet all applicable standards for infection control, durability, slip resistance, and chemical resistance suitable for hospital operating environments. All work shall be coordinated to minimize disruption to hospital operations and performed in accordance with ICRA (Infection Control Risk Assessment) and safety requirements. The estimated FFP Construction cost is .

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

The total estimated value of this project is . The estimated period of performance is 180 days. The work is completed during off-hours due to operating room being mainly active during business hours. The OR flooring needs to be replaced due to the cracks and breaches found during the surgical light replacement project. The integrity of OR flooring is critical to maintaining infection control standards and ensuring a sterile surgical environment.

Therefore, this project falls under FAR 6.302-2 unusual and compelling urgency due to the imminent threat of having to cancel/delay surgical procedures at the Bronx VAMC operating room.

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 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( X ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability

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Acquisition ID#: 36C242-26-AP-1074 or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by 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 sole source award will be given to Veterans Contracting Group, Inc., an SBA certified SDVOSB based on the requirement in VAAR 819.7008 and under the authority of FAR 6.302-2 unusual and compelling urgency. Veterans Contracting Group, Inc. is a responsible contractor that has performed multiple projects to completion at the Bronx VAMC. Veterans Contracting Group is currently working in the Operating room performing surgical light replacement. Given that the contractor is already mobilized and working within the restricted OR suite, they possess active infection control barriers (ICRA), negative air containment, and all necessary safety and isolation measures in place.

Engaging a new contractor would:

• Require demobilization and re-establishment of new ICRA barriers,

• Cause project delays and additional cost,

• Increase risk of contamination by introducing new personnel and equipment into the sterile zone, and

• Disrupt the current sequence of work within active surgical areas.

Cracks and breaches in the seamless flooring system create potential harborage points for bacteria and contaminants, posing a serious risk to patient safety and violating infection control requirements. The integrity of OR flooring is critical to maintaining infection control standards and ensuring a sterile surgical environment. This project is under time constraint because the rooms are scheduled to be turned back over to E.R. in a few weeks. If the cracked floors are not fixed, it will result in OR rooms not being operational and will result in canceled/delayed surgical cases. Therefore, this project falls under FAR 6.302-2 Unusual and compelling urgency as it will have a direct negative impact on patient care at the VA. For reasons of patient safety, infection control compliance, and schedule continuity, it is in the government’s best interest to issue this additional flooring replacement work to Veterans Contracting Group, Inc.

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

Veterans Contracting Group is currently working in the Operating room performing surgical light replacement. Given that the contractor is already mobilized and working within the restricted OR suite, they possess active infection control barriers (ICRA), negative air containment, and all necessary safety and isolation measures in place. A proposal was immediately requested from Veterans Contracting Group after discovery of cracks and breaches in the OR’s flooring system. Under the authority of FAR 6.302-2 unusual and compelling urgency, a sources sought notice was not sent out as a quick award needed to be made to prevent patient care issues.

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Acquisition ID#: 36C242-26-AP-1074

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable:

The price provided for this emergent work to avoid delays that affect patient care was deemed fair & reasonable. The labor costs for the project are high due to the off hour work required while following safety, infection control, and isolation protocols in an active surgical environment. Engineering management also reviewed pricing to ensure it was fair and reasonable and sent their technical acceptance of the proposal.

8. Description of the Market Research Conducted and the Results, or a Statement of the

Reasons Market Research Was Not Conducted:

The threat to patient care is evident in this project, and this is considered an FAR 6.302-2 unusual and compelling urgency based on the facts presented. Under the authority of FAR 6.302-2 unusual and compelling urgency, there was limited market research done based on the imminent threat of having to cancel/delay surgical procedures, which would directly and critically affect patient care at the Bronx VAMC. Based on the knowledge that VCG has, they have the ability and expertise to make the repairs/replacement efficiently and expeditiously, so that surgical procedures will not have to be cancelled/delayed. No other contractor can effectively perform the work without the need for additional delays, including possible detrimental effects on patients needing immediate surgical procedures.

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

Under the authority of FAR 6.302-2 and the requirements in VAAR 819.7008 an SBA certified SDVOSB was selected for this emergency work to prevent patient safety and infection control issues.

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

Multiple sources were not sought under the authority of FAR 6.302-2 unusual and compelling urgency.

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:

In the future, if the acquisition is not an emergency, the facility will send out a sources sought notice and ensure proper competition for work being completed. This sole source is being justified under the authority of FAR 6.302-2 unusual and compelling urgency due to the critical need to replace the OR flooring without impacting patient care and safety.

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Acquisition ID#: 36C242-26-AP-1074

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.

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

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

b. One Level Above the Contracting Officer (Required over SAT but not exceeding

$750K): I certify the justification meets requirements for other than full and open competition.