SDVOSBVOSB Sole Source Justification_Redacted.pdf

SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 04 Effective Date: 11/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C248-25-AP-2716

1. Contracting Activity: Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Regional

Procurement Office East, Network Contracting Office (NCO) 08 on behalf of Bay Pines VA Health Care System located at 10,000 Bay Pines Blvd., Bay Pines, FL 33744.

2. Nature and/or Description of the Action Being Approved: The proposed action is to award a sole source award to a Service-Disabled Veteran-Owned Small Business (SDVOSB) for the procurement of the provide immediate repair of Fire Pump Number 1, in Bldg 103, in accordance with the statutory authority permitting other than full and open competition; 38 U.S.C. § 8127(c), as implemented by VAAR 819.7008 - Sole Source Awards to Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns and Veteran-Owned Small Business (VOSB) Concerns.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The fire pump system has experienced a significant failure that compromises the safety of the entire facility. Upon completion of the immediate evaluation, the identified repairs and installation of a new Fire Pump Engine is necessary to mitigate potential fire hazards and to ensure the safety and protection of all occupants.

• CLARKE 190 HP DIESEL FIRE PUMP ENGINE, 1750 RPM, 12 VOLT DC, MODEL: JU6H-UFADNG

• TORNATECH DIESEL FIRE PUMP CONTROLLER, 12 VDC, 120V/1PH – WITH VIZITOUCH 2.1 OPERATOR

INTERFACE

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). Contracting Officers (CO) 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; 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):

Pursuant to 38 U.S.C 8127(c), COs may use other than full and open competition when awarding to SDVOSB and VOSB firms for procurements under the Simplified Acquisition Threshold (SAT). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 (DEVIATION) Sole source awards to a certified service-disabled veteran-owned small business up to $5,000,000. It is recommended that this requirement is sole sourced to the SDVOSB IAW Sole source awards under 41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute).

Furthermore, according to VAAR 819.7008(a), “(a) A contracting officer may award a contract to a certified service-disabled veteran-owned small business (SDVOSB) listed in the SBA certification database using other than competitive procedures provided—

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

Effective Date: 11/15/2024

(1) The anticipated award price of the contract (including options) will not exceed $5 million;

(2) The requirement is synopsized and the required justification pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR part 5;

(3) The SDVOSB has been determined to be a responsible contractor with respect to performance;

and

(4) In the estimation of the contracting officer contract award can be made at a fair and reasonable price that offers best value to the Government.”

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:

Given the urgency and critical nature of the requirement, immediate action is required. Soliciting offeres from multiple sources is not feasible within the required timeframe. The selected vendor’s readiness and immediate availability to respond to the emergency are crucial to maintaining safe operations and fire safety compliance in a healthcare environment. The vendor is active with no exclusions in the System for Award Management (SAM) and is listed in both Veterans Small Business Certification (VetCert) and the Small Business Administration/Dynamic Small Business Search (SBA DSBS).

The vendor requested is an SBA Certified SDVOSB who has previously provided services for the evaluation, maintenance, and repair of the fire pumps at our facility (36C24825P1208). Their existing knowledge of our systems and their proven track record of successful and expedient repairs demonstrate their unique qualifications. Utilizing a vendor already familiar with the facility and it’s fire pumps reduce the time and resources typically spent on orientation and inspection, leading to more efficient and cost-effective service delivery. Having the continuity of service facilitated by a vendor already familiar with the facilities’ specific fire pump configurations and operating conditions is critical. This ensures minimal downtime and consistency in maintenance protocols.

The VA will continue to engage with the VOSB/SDVOSB community to expand its vendor base and increase competition for future requirements. Efforts will include outreach programs, vendor fairs, and industry days.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The contracting officer has reviewed the cost proposal provided by Results Sales & Service. A detailed cost analysis was performed, which included evaluating the itemized pricing for the engine, controller, and associated installation labor. The pricing was compared to known industry standards and average costs. Based on this analysis, the estimated total cost of is determined to be fair and reasonable given the urgency and complexity of the requirement.

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 this requirement limited Market research has been conducted to identify other potential qualified vendors capable of responding urgently to fire pump service needs. However, the specialized nature of the fire pumps and the specific needs of our facility highlight Results Sales & Service LLC as the sole provider with the required expertise, experience, and familiarity.

8. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. According to 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) up to $5,000,000.

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Effective Date: 11/15/2024

9. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Due to the emergency nature of this requirement, and the immediate need to ensure fire safety at the VA Medical Center, no other sources were sought or solicited. The urgency of the situation required immediate action, and as a result, market research was limited to identifying a capable and reliable vendor who could fulfill the requirement within the critical timeframe. Additionally, in compliance with regulatory requirements, an award notice will be posted to the Government's contracting opportunities website to inform the public of this emergency sole-source procurement action.

10. 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 VA will continue to monitor the market for new entrants and technological advancements. Efforts will be made to identify additional SDVOSB/VOSB sources in future procurements.

11. 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.

12. 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.