36C24920C0110-002.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 09 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C249-20-AP-1907

1. Contracting Activity: Department of Veterans Affairs, VISN 9, Tennessee Valley Healthcare System (TVHS), Requisition number # 626-20-3-4123-1731.

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

The Tennessee Valley Healthcare System (TVHS) in Nashville, Tennessee has an emergency requirement to repair roof over the switchgear fan. This construction project requires the contractor to provide all labor,material, equipment and expert supervision required to perform the removal and replacement of the roof over the switchgear fan in room #7 in accordance with the statement of work provided. NAICS Code 238160 is applicable to this requirement. Ths Small Business size standard is $16.5M. The Independent Government Cost Estimate (IGCE) is $209,000.00.

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

TVHS is in need of a roof repair over the switchgear fan in room #7 at the Nashville VA Medical Center. The urgency of this requirement cannot be understated, as delay or failure to act potentially can result in the damage of essential mechanical equipment that supports the medical center’s infrastructure. To meet the agency’s needs a 2-ply “Soprema” modified roofing system with a 20-year warranty shall be install.

The estimated cost of this requirement is $208,645.00. The period of performance is for 30 calendar days from receipt of award notice.

4. 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;

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

Collier Roofing Company has served the Nashville area over the past 35 years working on a variety of roofing systems to include educational, industrial and health care. The company’s primary focus is commercial roofing. Collier Roofing Company is a certified roofing company. The company best practices focus on industry standards, while bringing the Collier expertise to the job. Collier is knowledgeable on current technologies relative to roofing systems. In 2010, the company was recognized as “National Commercial Roofing Contractor of the Year”. Collier Roofing Company possess the unique characteristics, qualifications, capability needed to successfully fulfill the needs of this emergency requirement.

OFOC SOP Revision 09 Original Date: 03/22/11

Craig A. Digitally signed by Craig A. Hrobak 228451

Hrobak 228451 Date: 2020.05.12 12:46:12 -05'00'

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Purchase requisition 626-20-3-4123-1731 was submitted to NCO 9 as an “Emergency” action. Due to the urgent and usual compelling nature of the emergency, the damage of existing equipment, there was insufficient time to solicit multiple offers.

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

Collier Roofing company has offered to complete the work at a price of $208,645.00. The Government has received a price of $208,645.00 from Collier Roofing Company to perform the work. The Independent Government Cost Estimate (IGCE) is $209,000.00. The Contracting Officer has determined the price to be fair and reasonable. The offered price is below the government estimated price to perform the work.

The Collier price proposal was reviewed and analyzed for reasonableness. The proposal reflects a clear understanding of the requirement and is consistent with the offered price.

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

Market Research Was Not Conducted:

A query of the Vendor Information Pages (VIP) was conducted, using NAICS code 238160 which resulted in numerous SDVOSB/VOSB contractors capable of performing the emergency requirement. A query of the U.S. Small Business Administration dynamic small business database revealed the same. Market research efforts taken were limited as the nature of the requirement was urgent, and there is insufficient time to conduct full-blown market research.

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

Other facts that support the use of Other than Full and Open Competition is that failure to act, or a delay will result in serious harm and injury to the government, as well as have an indirect effect on patient care, should equipment be damaged to the point of replacement. In addition, failure to act will also result in damage to major mechanical equipment which presently the value is unknown.

The Medical Center Director (MCD) has confirmed this action to be an emergency procurement.

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

None

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:

Routine inspections, regular maintenance at required intervals are actions that the Agency can take to overcome or remove barriers to competition.

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.

Craig Hrobak Date Chief of Engineering

OFOC SOP Revision 09 Original Date: 03/22/11

11. 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.

May 6, 2020

Roxie Ann Keese, FAC-C Level III, FE-C Date Construction Team West-Contracting Officer Network Contracting Office (NCO) 9

Roxie A. Keese 299082

Digitally signed by Roxie A. Keese 299082 Date: 2020.05.06 16:57:39 -_04'00' http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx