36C24921P0122_2.docx

Contract Opportunity Justification and Approval Notice

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* = Required Field Contract Opportunity Justification and Approval Notice

Y1DZ

Project 603-21-706 | Site Prep: Emer. COVID Drive Thru Testing & Flu Shot 37129 36C24921Q0055 36C24921Q0055 N 236220 Department of Veterans Affairs Network Contracting Office 9 (90C)

NCO 9

1639 Medical Center Parkway, Suite 400 Murfreesboro TN 37129

FAR2

36C24921P0122 $115,520.00 11-17-2020

AAECON GENERAL CONTRACTING LLC

1147 LOGAN ST

LOUISVILLE

KY

40204 roxie.keese@va.gov Contracting Officer's Email Address

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C249-21-AP-0373

1. Contracting Activity: Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 9, Robley Rex VA Medical Center, Louisville, Kentucky, Requisition Number # 603-21-1-1090-0011.

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

The Robley Rex VA Medical Center in Louisville, Kentucky has an “Emergency”-COVID-19 requirement for a construction contractor to completely prepare the existing site for the connection and installation of a COVID-19 Testing/Flu Shot Drive Thru Structure. Performance of this work will require coordination with the equipment manufacturer, the medical center Engineering and maintenance staff to ensure the project’s completion through close-out.

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

The contractor shall provide construction site support for the installation of a COVID Testing and Flu Shot Drive Thru Structure (CTFSDTS) (60 Feet X 60 Feet X 26 Feet) at the Robley Rex Veterans Affairs Medical Center, Louisville, Kentucky. The CTFSDTS shall be provided, delivered and installed by others. The contractor shall provide site preparation prior to delivery of the CTFSDTS and assistance during installation of the CTFSDTS and clean-up after installation. The contractor shall provide power from building 24 and outlets and startup of electrical equipment, a driveway signal bell and traffic bollards.

The contractor shall visit the job site to thoroughly familiarize himself with all the details of this work and working conditions. The contractor shall also verify all dimensions in the field and shall advise the Contracting Officer of any discrepancy before performing any work. The contractor shall be specifically responsible for the coordination and proper relation of his work to the building, structure, phasing and ensure the safety of employees and workmen.

The specifics of the contractor’s work is more fully detailed in the statement of work.

The estimated cost of this requirement is $115,520.00. The period of performance is for 30 calendar days from receipt of Notice To Proceed (NTP).

4. Statutory Authority Permitting Other than Full and OpenCompetition:

( ) (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;

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 Page of

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

The intended awardee has the resources to meet the government’s need in the specified short period of time. AAECON General Contractors is one (1) of the premier Minority Owned / Service-Disabled Veteran Owned Design/Build, General Construction companies providing the expertise of Construction Managers, Estimators, Designers and Journeyman Field Staff to meet the needs of our clients. AAECON has completed over 100 projects as a prime contractor. AAECON is located within 5 minutes of the Robley Rex VA Other facts that support the nature of the authority cited above is that a failure to act, or a delay will result in serious harm and injury to the Government, its property and or create risks for employees and having 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.

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

No additional efforts were made to solicit offers.

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

The Government anticipates a fair and reasonable price based on current market conditions and the Independent Government Cost Estimate (IGCE) provided. The price proposal will be analyzed for reasonableness. It will be analyzed for the different divisions of work to be performed, and the complexity of that work if any, and will be reviewed to ensure that it reflects a clear understanding of the requirement and is consistent with the Offeror's technical proposal. The proposed action under consideration is an emergency and there is insufficient time to compete. The Contracting Officer will be responsible for determining price reasonableness.

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

A search was conducted on the Vendor Information Pages (VIP) database for Service- Disabled Veteran-Owned Small Business (SDVOSB) construction firms. The results indicated that there are 1922 SDVOSB/VOSB listed under the principle NAICS code 236220, Roofing Contractors. Typical work performed by these establishments may involve any of the following activities: primarily engaged in roofing, treating roofs (i.e., spraying, painting, or coating) and installing skylights. The work performed may include new work, additions, alterations, maintenance, and repairs. The small business size standard for the principle North American Industry Classification System (NAICS) is $16.5 Million.

Due to the nature of this requirement being an emergency, limited market research was conducted as this requirement is a result of the PANDEMIC crisis-COVID 19.

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

The medical center director has confirmed this action to be an emergency procurement. Due to the urgent nature, there is insufficient time to solicit and compete this action.

The Contracting Officer has reviewed the statement of capability for AAECON General Contractors, LLC and has determine that the contractor has the requisite experience and past performance to complete this contract.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None

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. This is an Emergency procurement that was “unforeseen” and precipitated by a national PANDEMIC crisis- COVID 19

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.

David O’Brien Date Assistant Chief-Chief of Engineering Robley Rex VA Medical Center

13. Approvals in accordance with the VHAPM Part 806.3 OFOCSOP:

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.

Roxie Ann Keese Date Contracting Officer Network Contracting Office (NCO) 9