SDVOSB SOLE SOURCE JUSTIFICATION.pdf

Request for 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 2 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: 36C248-25-AP-0262

1. Contracting Activity: Department of Veterans Affairs, VISN 08, Orlando VA Medical Center (OVAMC), Network Contracting Office (NCO) 8. PR-IFCAP# 675-25-1-6540-0053.

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

This contract aims to provide urgent Medium Voltage Cable Repairs for OVAMC Facilities Management Service

(FMS). The Medium voltage circuit DBN-20 is the primary circuit powering substation HN3 and is the alternate power source for substation HN4. Circuit DBN-20 experienced a catastrophic failure on phase A, requiring both substations to be placed on the alternate circuit with no redundancy. A visual assessment was performed on all manholes in the duct bank series, and damage was confirmed to adjacent conductors or circuits in the same duct or vault. Splices in other circuits (DBN18, DBN19, DBN21, and DBN22) in the duct bank manholes show signs of swelling and/or damage to fire taping. Each circuit in each manhole shall have a service loop installed on the racks. A new firm-fixed price contract will be awarded.

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

The main objective is to repair the circuits with new conductors and terminations as required, to restore power to critical infrastructure without splices. The total estimated value of the acquisition is $690,200.00, and the estimated period of performance is October 25, 2024, through February 28, 2025.

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; 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):

The authority allows a sole source award to a SDVOSB based on 38 U.S.C. 8127(c) and that the SDVOSB concern has been determined to be a responsible source with respect to their performance and knowledge of the work due to previous repairs of the medium voltage cables. A sole source justification and approval is necessary to meet the Government’s requirement and maintain safe and consistent electrical service throughout OVAMC. It is in the government’s best interest to award to R.E. Yates Electrical Incorporated, a SDVOSB concern.

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:

Market research confirms there are two or more SDVOSBs representing NAICS 238210-Electrical Contractors and Other Wiring Installation Contractors. however, due to the urgent and compelling urgency, the CO awarded a contract to R.E. Yates Electrical Inc who has past performance providing medium voltage repairs at our facility.

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

The previous contract, 36C24824P0463, was awarded competitively. The current requirement scope of work differs from the previous scope of work. The contract pricing as well the Wage Determination were increase under this contract. The CO determined price was fair and reasonable base on comparison of proposed prices found reasonable on previous purchases.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market

Research Was Not Conducted:

https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

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

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 2 Revision: 03 Effective Date: 06/15/2024

Due to the urgent requirement, the Contracting Officer (CO) solicited two SDVOSB vendors from querying the

Veteran Small Business Certification (VetCert) website Veteran Small Business Certification (sba.gov), for capable vendors local to the area. Two vendors responded, one with interest and the other not interested. The

CO is authorized to award a contract to a SDVOSB in accordance with 41 USC §3304(a)(5), 38 U.S. Code §

8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). A notice will be published within

30 days of after contract award.

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

None.

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

Contacted three SDVOSB.s via email to provide an estimate for emergency repair on 10/07/2024. R.E Yates

Electricals Incorporated responded with interest, Venergy Group, LLC respond with no interest and Blue-Cord didn’t respond.

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:

None.

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.

Name: Mark Matthews Date

Title: Electrical Supervisor

Facility: Orlando 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.

Name: Rohan McKenzie Date

Title: Contracting Officer

Facility: Network Contracting Office - 8

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements other than full and open competition.

Name: Ferdinand Rodriguez Date

Title: Branch Chief, Commodities & Services

Network Contracting Office - 8 https://veterans.certify.sba.gov/ https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx