552-23-505 - OTFOC Sole Source.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Request for Sole Source Justification

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 01 Effective Date: 04/01/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C250-23-AP-6159

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Network Contracting Office

(NCO) 10. 2780 Airport Drive, Suite 340, Columbus, OH 43219-2292. PR = 552-23-4-6976- 0168.

2. Nature and/or Description of the Action Being Processed: The proposed action is for an EMERGENCY sole source contract for “552-23-505 Remediate Flood Damage” in Building 401 at the Dayton VA Medical Center Dayton, OH. The contract will be for a new firm, fixed price contract in the amount of $446,897.00.

A major water leak caused extensive damage to the first floor of Building 401 at the Dayton VA Medical Center. Dayton VA Engineering and Carpenters reviewed the water damaged area and it is too great to repair in-house. Closer inspection and testing of the damaged materials revealed that the vinyl flooring and adhesives consist fo multiple layers of Asbestos Containing Materials (ACM). Due to the water damages, the flooring has become loose in multiple areas and has a risk of the material becoming firable. The ACM will require asbestos remediation prior to the flooring replacement and for the area to be safely used and occupied for training VA employees and Center contractors. Some ceiling tiles and lighting will require replacement as well due to the water damages. The electrical panels in this area were also damaged by the water leak and the panels and breakers will require replacement. The Dayton VA Medical Center is at risk of asbestos exposure and electrical hazards if the remediation and repairs are not completed immediately.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Contractor will provide all labor, materials, and equipment necessary to renovate the existing first floor Bldg. 401. The area will be modified according to the drawings and scope of work. The work includes the supply of materials and the furnishing of all labor, equipment and tools to refresh finishes in all the areas and adjacent locations in accordance with contract documents. Work includes abatement of the existing flooring during removal and install of new flooring, wall painting, repairing damaged plaster wall, installing parts of new drywall on existing framing, installing ceiling tiles, installing cabinetry, installing some ceiling grid and replacement of electrical panel components. The project construction work will be performed in a single phase.

All work to be completed at the Dayton VA Medical Center, Building 401, First Floor located at 4100 West Third Street, Dayton, OH 45428.

Work to be completed within 90 calendar days from notice to proceed.

VHAPG Part 806.3 OFOC Page 2 of 4 Revision: 01 Effective Date: 04/01/23

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) 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):

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 Dayton VA Medical Center. This is an emergency requirement due to the safety of employees and contractors requiring use of the first floor of Building 401 at the Dayton VA Medical Center. This work is critical to be completed now to ensure the Medical Center is fully operational. “Clemons Construction Co.

(SDVOSB)” 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 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 CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will ensure through the use of price analysis techniques, such as comparison against the independent Government estimate and other price analysis techniques identified in FAR 15.404-1(b), that the price will 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: This is an emergent need that may lead to electrical hazards and asbestos exposure if the water damaged area is occupied. Market research was not conducted due to the nature of the emergent need to act quickly to replace the hazards created by the water leak. However, market research has been conducted on similar projects in the past. The work is common practice and the contract “Clemons Construction Co.” has successfully made these kinds of repairs for government entities in the past.

VHAPG Part 806.3 OFOC Page 3 of 4 Revision: 01 Effective Date: 04/01/23

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 safety threats and the overall safety of all personnel in the immediate working area.

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 does not exceed $5 million, and the contract award can be made at a fair and reasonable price.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Clemons Construction Co. (SDVOSB), P.O. Box 33632, Dayton, OH 45417.

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: Future type repairs, if not emergent, will be posted competitively.

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.

Katherine Masko Date Acting Chief of Projects, Engineering Dayton VA Medical Center

Katherine A.

Masko 990665

Digitally signed by Katherine A. Masko 990665 Date: 2023.09.27 09:31:23 -04'00'

VHAPG Part 806.3 OFOC Page 4 of 4 Revision: 01 Effective Date: 04/01/23

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.

Brian S. Kish Date Contracting Officer Branch Chief, NCO 10

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

Scottie Paramoure Date Division Chief, NCO 10

09/27/2023

Brian S. Kish 217044

Digitally signed by Brian S. Kish 217044 Date: 2023.09.27 12:11:04 -04'00'

Date2_af_date: 9/28/23