36C25020C0073-001.pdf

URGENT

OFOC SOP Revision 08 Page 1 of 3 Original Date: 03/22/11 Revision 05 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C250-20-AP-0786

1. Contracting Activity:

Department of Veterans Affairs, VISN 10, Northern Indiana Healthcare System (VANICHS), Marion, IN. PR = Transaction #610-20-1-6901-0010.

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

The proposed action is for an EMERGENCY sole source contract for “Repair Foundation & Remediate Mold, Buildings 2, 5 & 6” Project 610-20-504, at the VA Medical Center in Marion, IN. The contract will be for a new firm, fixed NTE $1 Million dollars.

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

Contractor will provide all labor, equipment, materials and supervision necessary to locate utilities, excavate and remove existing soil/concrete slabs and install new drainage tile and storm sewer piping and landscaping. The project will also include mold remediation, painting, water proofing, lighting, and egress signage in the basements of Building’s 2, 5 & 6 at the VA- Northern Indiana Health Care – Marion Campus.

Work to be completed within 180 calendar days from notice to proceed.

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 FAR 6.302-1;

(X) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per 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):

The time involved in bidding and awarding the project would delay the completion of the work needed now and impact safety and operations on the Marion VA facility. This is an emergency requirement that has a strong potential to result in permanent damage to the infrastructure of buildings #2, 5, and 6. There is a high risk of flooding due to the following: collapsing storm sewer system near buildings, deterioration of downspout drains, and aging floor drains in basements. This work is critical to the Marion facility, patient care, and daily operations. “JAB General Contractors, OFOC SOP Revision 08 Page 2 of 3

LLC.” is prepared to provide immediate service.

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

Due to time constraints, the only potential sources considered were SDVOSB/VOSB businesses in the immediate area having the capacity to begin work immediately. If a repair like this comes up in the future, and it’s not an EMERGENCY, we will post the solicitation to allow competition.

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

The IGCE supplied for this effort was $952,612.70. The projected price for this project is $986,532.00. The estimated price for these efforts was $33,919.30 (3.4%) higher than the IGCE.

IAW FAR 15.404-1(b)(2)(v) the CO has determined the price to be fair and reasonable.

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

No further market research was conducted since buildings #2, 5, and 6 have imposed a safety hazard to employees and VAMC patient care operations. Currently building #5 and 6 are vacated due to health concerns, along with #2 being monitored closely for a future closure.

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

The contractor selected is a local SDVOSB contractor that can be on-site immediately and provide the materials, labor, and equipment needed to complete the job. The time to utilize open competition would increase the risk of structural failures in these buildings and increase the projects cost to repair.

The determination to Sole Source was selected IAW 38 USC 8127 (C), Sole Source Contracts, and meets the three subfactors of this statute. The contractor selected is a responsible source, the anticipated award exceeds the SAT but will not exceed $5MM, and the contract ward can be made at a fair and reasonable price.

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

JAB General Contractors (SDVOSB), LLC., 1605 N 300 W, Marion, IN.

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:

If this type of need arises again, and it’s not urgent, a solicitation will be posted to allow competition.

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.

Assistant Chief Engineer

OFOC SOP Revision 08 Page 3 of 3

Northern Indiana Healthcare System

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.

Date Contracting Officer, NCO 10

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Division Chief, NCO 10

c. VHA Director of Contracting: I certify the justification meets requirements for other than full and open competition.

Director of Contracting, NCO 10

d. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and or approve for other than full and open competition.

Executive Director VHA Regional Procurement Office Central

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