36C24418R0660-001.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Other Than Full and Open Competition

1. Contracting Activity: Department of Veterans Affairs, VISN 04, Lebanon VA Medical Center

2. Nature and/or Description of the Action Being Processed: Acquisition of Architectural/Engineering CONSTRUCTION PEROID SERVICES for the Lebanon VA Medical Center Laboratory Expansion- Minor Project 595- 667.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The Expand Laboratory Design was originally designed by Astorino (now owned by Cannon Design) and completed on February 23rd, 2012. The Notice to Proceed for the construction portion of the project was issued on March 22nd 2013. However, after several unforeseen conditions and disputes with the contractor the construction contract was cancelled for convenience. Since the issues with the unforeseen conditions have been resolved the construction of the lab will is now moving forward again. However, due to the extended period of time that has occurred, the Construction Period Services for this contract has expired. It would be cost prohibitive for the Lebanon VA to contract another AE firm to perform the contract period services for this contract due to the fact that the new firm would be required to re-design this project for their proprietary work. The cost of the re-design would be at least five times the estimated cost of the construction period services and would involve at least a one year delay to the construction start date of this project. This item is being sole sourced under a construction project that will be competed as a 100% Service Disabled Veteran Owned Small Business (SDVOSB) set aside. Estimated Cost - $138,979

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per FAR 6.302-1;

( ) (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 acquisition is authorized pursuant to 10 U.S.C. 2304(c)(1), and is implemented by FAR 6.302-1(c), Only one responsible source and no other supplies or services will satisfy agency requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Any action to increase competition for the Construction Period Services for the Expand

Laboratory would cause an undue hardship on the Lebanon VA Medical Center due to a cost prohibitive re-design of the project and an extensive delay due to a total re-design. The existing design completed by

Cannon Design is complete and ready for solicitation for construction. By contracting with another AE firm who would be working off of Cannon Design proprietary design, the firm would not be familiar with the rationale of the design, be able to accurately address Requests for Information (RFIs), or accurately review construction submittals which are critical for proper construction of a sound end product.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: This service is being sole sourced under a construction project that will be a competed as a 100% Service Disabled Veteran Owned Small Business (SDVOSB) set aside. Therefore, competition will be provided on the base contract which will lead to a fair and reasonable price.

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

Research Was Not Conducted: Further market research was not conducted based on same content provide in paragraph 6 above.

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

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

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: N/A

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: Jon Schaeffer Date Title: Engineer Facility: Lebanon VA Medical Center

13. Approvals in accordance with FAR 6.304

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

Name: Date Title: Contracting Officer Facility: Network Contracting Office 4

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

Name: Michael Koontz Date Title: Supervisor, Construction Team West Facility: Network Contracting Office 4