JA 619-CSI-903.pdf

SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008 Project No. 619-CSI-903

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 03 Effective Date: 06/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: ____36C247-25-AP-0542_____

1. Contracting Activity: Department of Veteran Affairs, VISN 7, Network Contracting Office (NCO), Central Alabama Veterans Health Care System - West Campus, 215 Perry Hill Road, Montgomery, AL., 36109.

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

This is a requirement for award of a new firm-fixed price contract under Other-Than Full and Open Competition for the procurement of construction services for the Omnia Max OR for the Central Alabama Veterans Health Care System-West Campus.

Propose award for this requirement is to Coburn Contractor, LLC., a verified Service-Disabled Veteran Owned Small Business (SDVOSB) concern.

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

The scope of work for this requirement includes all labor, supervision, transportation, materials, and incidentals to deliver all aspects of the project. The Omnia Max Site Prep project will involve replacing selected floors, preparing the walls and ceilings for new paint, cleaning and refinishing the three doors in place, and cleaning the ceiling access doors. Additionally, a new floor drain will be installed (including appropriate firestopping), and mechanical louvers will be removed, cleaned, and reinstalled. A few new electrical conduits will be installed above the ceiling, and all fixtures will be cleaned. Contractor to maintain integrity of existing fire rated partitions, fire rated roof, and fire rated floor systems. Ensure proper firestopping of penetrations and repair of rated walls, roof, and flooring systems. The contractor shall schedule current Omnia Max OR equipment removed by the VA supplied contractor on the project schedule. Additionally, contractor to include in the schedule VA provided contractor to install new Omnia Max OR equipment. General trades contractor and electrical contractor to be on site for final connections. A HEPA Air Scrubber will be installed in the adjacent room and will exhaust into the dedicated exhaust fan system within that room. The main entrance to the room will be blocked off, and an anteroom will be constructed in the control room area. Additionally, a digital negative pressure monitor will be installed.

The Period of Performance is 160 days after issuance of Notice to Proceed.

The Independent Government Estimate for this project is $201,476.00.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38

U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 (DEVIATION) or VAAR

819.7009 (DEVIATION) up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business;

https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

Effective Date: 06/15/2024 or ( ) 819.7009 Sole source awards to a certified veteran-owned small business

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

Coburn Contractors LLC, situated at 1780 I-65 Service Road, Millbrook, AL 36054, is a Service-Disabled Veteran-Owned Small Business (SDVOSB) verified by the Center for Verification and Evaluation (CVE) verified under NAICS 236220. The firm offers an extensive range of general contracting services, facility maintenance, and renovation and repair solutions tailored to commercial and industrial facilities. Coburn Contractors LLC's primary competencies encompass site preparation, water and sewer line construction, and commercial and institutional building construction. The organization boasts a robust portfolio and significant expertise in both site preparation and building construction.

The rationale for the sole source acquisition is that Coburn Contractors’ is a SDVOSB who can complete Omnia Max Site Preparation in the operating room due to familiarity with facility, personnel, and process and procedures. The work involves multiple disciplines (electrical, plumbing, carpentry, painting, etc.) Logistical coordination is critical to facilitate the successful installation of the Omnia max equipment limiting operating room downtime. The contractor shall schedule current Omnia Max OR equipment removed by the VA supplied contractor on the project schedule. Additionally, contractor to include in the schedule VA provided contractor to install new Omnia Max OR equipment. After third party installation is complete, contractor will need to be on site for final connections. Coburn Contractors has successfully performed work on CAVHCS requiring tricky scheduling and coordination in sensitive hospital areas.

Work needs to be completed with limited down time to the operating room and CAVHCS staff.

Coburn Contractors LLC., is aware for requirements for the project. The CO is recommending an SDVOSB sole source to Coburn Contractors LLC. based on the aforementioned. The Contracting Officer has determined that Coburn Contractors LLC, is qualified as a SDVOSB which was verified through a check on SAM.gov and VetCert against NAICS 236220.

A separate determination of the contractor’s responsibility has been made in accordance with FAR 9. A sole source award is pending negotiation of a fair and reasonable price.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

While there are other contractors listed in VetCert, a determination that only one SDVOSB concern available to meet the requirement is not required per the authorities cited in paragraph 5.

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

Based on the authorities cited in this justification, a sole source award to Coburn Contractors, LLC. is proposed pending negotiations of a fair & reasonable price. It is expected negotiations will result in a cost which compares favorably to the Independent Government Estimate. A certificate of current cost or pricing data as required per FAR 15.406-2 will be requested after negotiations are completed and will include in contract file.

https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3

Effective Date: 06/15/2024

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

The VetCert database was queried IAW VAAR 810.001, Market Research policy and shows various SDVOSB listed for the applicable NAICS code. Coburn Contractors, LLC., is listed in the VetCert Database along with other SDVOSB concerns.

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

Per authorities cited in paragraph 5, the Contracting Officers Determination whether to make a sole source award is a business decision wholly within the discretion of the Contracting Officer.

The CO has determined that a sole source contract with Coburn Contractors, LLC is in the best interests of the VA given the facility's need for essential OR repairs.

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

Coburn Contractors, LLC

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:

Any future SDVOSB sole source awards in the best interest of the VA will be rotated to other SDVOSB’s determined responsible.

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.

Luke Lindsley Date COR, Engineering Service CAVHCS 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.

Margaret Yeaton Date Contracting Officer https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx