36C24419C0182-000.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C244-19-AP-3396/ 642-19-3-526-0071

1. Contracting Activity:

Department of Veterans Affairs, VISN 04-642 Regional Procurement Office (RPO) East Network Contracting Office (NCO) 4 Corporal Michael J. Crescenz Medical Center 3900 Woodland Ave. Philadelphia, PA 19104

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

Proposed action will be a firm fixed price awarded under the authorities of FAR 6.302-2 Unusual and Compelling Urgency. Competition will be limited to three firms who have previously worked at VA medical centers in the region due to time constraints. The awardee will be selected on a low price technically acceptable basis in consideration of the following factors:

1. Contractor must demonstrate 5 years or 5 projects experience in High and Medium voltage electrical project in health care systems.

2. Contractor must demonstrate that they have a professional licensed electrical engineer.

3. Contractor must demonstrate that they have a professional engineering team that will be assigned to design the project in the specified time.

4. Contractor must demonstrate that they have a field engineer with qualifications and experience in reviewing the shop drawings and submittals for similar projects

3. Brief Description of Supplies/ Services required and the intended use/Estimated Amount 899 K:

The Philadelphia medical center has an emergency requirement to repair a damaged A10 tie breaker that provides back up feed to to patient care critical and life and safety power feeds. A10 provides power to the 5th, 6th and 7th floor east and west patient wards and all out patient care clinics through out building 1 A 10 is currently does not have back up power if we lose electrical company (PECO) feeding circuit. A10 is required to be completely upgraded .

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

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

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 Philadelphia VAMC needs to upgrade A10 to provide safe and reliable power feed for patient care and patient safety. As detailed above the A10 provides power to the 5th, 6th and 7th floor east and west patient wards and all out patient care clinics through out building 1.

The repairs to the A10 were forcast for 2020/2021. For sometime the logical controlers have not functioned and automatic switchover has not been possible. Repair of this function is not possible without upgrading the system due to the age of the system and nonavailability of antequated parts. This was scheduled to go through the normal acquisition process. The switchovers, when required, were handled manually in the interim.

The situation has become emergent recently as the manual switchover capabilities have now failed. Currently the facility cannot switch to alternate power.

Should the facility lose power in this manner the affected areas would only have minimal emergency power. Patient care would be negatively impacted in that only the most essential functions for inpatients would be able to be provided and numerous outpatient clinics would be required to shut down during such an outage.

VHA Procurement Manual 806.3 3.11 states that emergency authority “includes essential equipment or repairs to equipment that are needed at once, e.g., to preclude impairment of healthcare delivery capabilities or mission performance.”

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

In an effort to maximize competition, the government has identified three potential SDVOSB sources which may be able to provide proposals in the time frame required:

Wescott Electric Co 1600 Lenni Rd Aston, Pennsylvania, 19014

CEDAR ELECTRIC INC

528 Cheltenham Court LITITZ, Pennsylvania, 17543

AEONRG, LLC

845 Tremont Drive Downingtown, Pennsylvania, 19335

All of these contractor are either currently working on electrical projects at VA healthcare facilities or recently have. Two currently have a presence at the facility on other contracts.

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

Reasonable:

The government has received one unofficial quote and a large portion of the anticipated costs of materials for which pricing is known and can be verified. In addition, competition even on a limited basis as proposed will act as a price control factor. The anticipated cost to the government will be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Due to the urgency of the requirement market reseach was limited to known SDVOSBs who the contracting officer believes can fulfil the requirement. The three firms were verified in VIP and all are current as of 25 June 2019. The selected firm will be verified again at the time of award.

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

The inability to utilize the switching capability removes a layer of protection for patient care. This increases risks to the facility and to the patients should other contingencies fail. Due to the lead time of the materials it is immerative that a contract be awarded as soon as practicable.

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:

This requirement was intended to be full and open competition after exclusion of sources, (SDVOSB set-aside). It was only the failure of the manual switching capability that made it emergent.

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.

Ahmed Hassan Date Acting Chief, Facility Management Services

Corporal Michael J. Crescenz, Philadelphia 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.

6/25/2019 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

Everett Shaver Date Contracting Officer

Network Contracting Office 4

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.

Benjamin P. Iachini Director of Contracting, Network Contracting Office 4 Veterans Health Administration

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and approve for other than full and open competition.

Joseph P. Maletta Executive Director, Regional Procurement Office – East (RPO-E) Veterans Health Administration