Justification and Apporval Dec 1 Flood Cleanup.pdf

VHAPG Part 806.3 OFOC Page 1 of 3 Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C244-24-AP-0797

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C244-24-AP-0797 642-24-1-583-0162

1. Contracting Activity: Department of Veterans Affairs Network Contracting Office 4

(NCO4) provides support for the Philadelphia VA Medical Center.

Nature and/or Description of the Action Being Processed: The Philadelphia VA Medical Center, located in Philadelphia, PA, has an emergency requirement for restoration services due to a water pipe break that occurred on 1 Dec 2023. Seven floors of the hospital were affected.

Description of Supplies/Services Required to Meet the Agency’s Needs: The Philadelphia VA Medical Center, located in Philadelphia, PA, has an emergency requirement for restoration services consisting of extracting standing water, removing damaged ceiling tiles, cleaning up debris, spraying antimicrobial solution, setting drying equipment (fans and de-humidifiers), and removing cove base and drilling weep holes. FMS also requires a full assessment of the building and affected areas and recommendation for what requires removal and replacement (i.e., carpets, floors, ceiling, and walls). FMS also requires temporary ICRA barriers to be constructed and installed in sterile areas to mitigate impacts.

2. The estimated value of this procurement was $275,000. Emergency Notification IAW VHAPM Part 806.3 paragraph 2.6.1was made and approval to proceed if above the SAT by Patrica Gilmore Division 2 chief on 1 Dec 2023. Actual cost as verified by POC Daniel Clark $297,297.28

3. 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 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;

Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

VHAPG Part 806.3 OFOC Page 2 of 3

Acquisition ID#: 36C244-24-AP-0797

On Friday December 1, 2023, a 4” hot water line failed in the wall of 7A143 on the 7th Floor of Building 2. Areas of Building 2 floors from the 7th floor to 1st floor (limited impacts on 1st and 2nd floor) were damaged by the flooding. Immediately removing standing water, wet materials, applying antimicrobial solutions, and setting drying equipment will save the facility from further damage and uncontrolled mold growth. Failing to immediately remove standing water and begin the drying process could lead to catastrophic damage due to mold growth, result in the closure of many services, and lead to unnecessary restoration costs. A similar incident recently led to $3.8M in repair costs despite an emergency response.

4. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to time constraints above soliciting from multiple offerors is not practical.

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

Reasonable: Work will be monitored closely by the POC. Daily email reports will be provided of work accomplished.

6. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market Research was not conducted due to the urgency of the requirement. However based on past requirements of this type Restorecore has shown they have the ability to respond quickly and has the capability to perform this service.

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

Similar floods have cost the Department $3.8M in repair work. Any delay increases the cost.

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

None

9. 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: The facility is executing a master plan to replace old piping via a series of competitively awarded contracts. Currently phase 2 is underway. The best way to avoid noncompetetive requirements such as this one is to update the infrastructure to prevent floods like this from occurring.

10. 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.

VHAPG Part 806.3 OFOC Page 3 of 3

Acquisition ID#: 36C244-24-AP-0797

Susan McCaffrey Date Chief Engineer

Philadelphia VA Medical Center

11. 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.

William Robbins Date Contracting Officer NCO4 Consruction East

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.

Everett Shaver Date Branch Chief NCO4 Consruction East https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx