P03 Sole Source Justification - Pergola(s).pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C244-20-AP-3175

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

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

Redwood “Arched Open Sky Pergola 20’ x 16’ with 9 ‘-6” tall posts” for use in the Erie VA Medical Center Community Living Center NRM Project 562-17-307. As part of this construction project, the pergola will be installed In the exterior courtyard. This sole source will be used in this project.

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

Forever Redwood Pergola will be consistent in shape, construction and materials with the wheelchair swing and other components of the courtyard amenities, so that all of them together contribute to establishing a cohesive design. The cost of the pergola is $4,330. The pergola will be installed after the courtyard pavers are installed.

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

( ) (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 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 acquistition 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 supplier of the pergola would affect the overall design aesthetics of the courtyard. It would also affect the coordination of the structural components that were based on the particular dimensions and requirements of this unit.

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

Reasonable: This item is being sole sourced under a larger construction project that will be completed 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: Market research was conducted through the Internet, accessing numerous provider and manufacturer websites, and found this one to be the product that worked better with all other design components of the courtyard.

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.

Mark Poweski Date Acting Chief, FMS Erie 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.

Don Kalivoda Date Contracting Officer, Construction-West 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.

Date

Michelle Y. Lappen Branch Chief, Construction West Network Contracting Office 4

Acting Assistant Chief for Mark Poweski

Robert J. Petrone 1348359

Digitally signed by Robert J. Petrone 1348359 Date: 2020.05.19 11:42:49 -04'00'

Donald J Kalivoda 252427

Digitally signed by Donald J Kalivoda 252427 Date: 2020.05.20 07:50:15 -04'00'