36C24420B0004-010.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

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:___________________________________________

1. Contracting Activity: Department of Veterans Affairs, VISN 4, James E. Van Zandt VA Medical Center , Altoona PA. Station 503. “Justification for Other Than Full and Open Competition.”

Construction Project Number 503 19 107 – Replace Underground Storage Tanks.

2. Nature and/or Description of the Action Being Processed: This facility has a requirement to replace the underground fuel storage tanks that support the boiler plant and backup emergency generators.

The solicitation for this procurement shall be advertised for a minimum of 30 calendar days in order to obtain competition from qualified Service Disabled Veteran Owned Small Business (SDVOSB) concerns. This Sole Source Product is for the automatic tank guage and leak detection system “Veeder Root TLS 450PLUS”, this action will be awarded as part of the new contract requirement as described above “Replace Underground Storage Tanks”.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The TLS 450PLUS is manufactured and programmed by Veeder Root. The application software for the above hardware is the only software approved by VA OI&T to be on the network. Therefore, any other hardware and subsequent software provided would not be permitted to be on the network without approval, as well as substantial resources devoted to the approval of any other system.

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;

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106 1(b)(2).

Underground Storage Tanks - Construction

OFOC SOP Revision 08 Page 2 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

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 application software for the Veeder Root TLS 450PLUS is the only automatic tank guage and leak detection system software currently approved to be the VA OI&T network. Should another make and model be utilized for the new automatic tank guage and leak detection system, there would be the need to seek approval from VA OI&T for the software to be on the network. The time cost of this approval process would cause “unacceptable delays” as the process as shown in the past to take months, or even a year, which would open the VA up to delay claims and permitting fees for the extended duration for construction. The period of performance is anticipated to be six months. Advanced planning for any other system cannot be completed as the VA would not know what the awarding contractor would be providing until it is submitted.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The entire solicitation package to include the specification and drawings which include language for each Sole Source Item(s) include in the procurement of these item(s). The solicitation will be posted for a minimum of thirty (30) calendar days.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Anticipated cost of these products and services are approximately $20,000 as shown on the Independent Government Cost Estimate.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: No independent Market Research was conducted as only one product can meet the need of the government. The solicitation and all applicable documents have been advertised and posted full and open on beta.sam.gov to solicit bids for all work as detail in the solicitation package. This procedure will permit adequate competition from those perspective contractors who will be submitting bids.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Not applicable.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: See Section VI above.

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: No action is planned.

OFOC SOP Revision 08 Page 3 of 3 Original Date: 03/22/11 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.

Andrew Walbeck Date Assistant Chief, Facilities Service James E. Van Zandt VA Medical Center

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.

Melvin Moore Date Contracting Officer NCO 4 – Construction West

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.

Michelle Lappen Date Branch Chief – Construction West

NCO 4

Andrew C.

Walbeck 1124978

Digitally signed by Andrew C. Walbeck 1124978 Date: 2020.02.06 07:23:59 -05'00'

Melvin E Moore 458946

Digitally signed by Melvin E Moore 458946 Date: 2020.02.06 08:41:15 -05'00'

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