P03 JA_OVER_SAT SDVOSB - BC Signed - 553-23-100.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 02 Effective Date: 04/15/2023

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C250-24-AP-0266

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Detroit Medical Center

Network Contracting Office 10, Project location Detroit VAMC, Detroit, MI. Project Number 553-23-100, Thermal Storage Tank Repair. 2237 - 553-24-1-3508-0006

2. Nature and/or Description of the Action Being Approved: Complete the temporary shoring of the Thermo Storage Tank at the North parking Deck of the John D. Dingell VA Medical center, Detroit, Michigan, solicit as a new Firm Fixed Price, Sole Source contract, is anticipated for this requirement.

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

The contractor will be required to:

• Complete the temporary shoring of the Thermo Storage Tank

• The contractor must verify all existing dimensions and field conditions prior to demolition and construction. If provided, the general contractor must carefully examine existing building documents. The contractor must bring any discrepancies to the immediate attention of the architect.

• Maintain exit egress paths to existing exit doors during construction.

• Do not overload the existing building structure. Maintain the structural integrity of all structural framing members and systems at all times.

• The contractor must provide temporary support for items not demolished or removed as required until permanent support is provided in the final construction.

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): VAAR 819.7008 (DEVIATION) and VAAR 819.7009 (DEVIATION):

a. The intended contractor, CAVU-Roncelli construction jv-10 LLC, of the market research is a responsible source with respect to performance of such contract opportunity.

b. The magnitude of construction, FAR 36.204, is Between $500,000 and $1,000,000.

https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

Effective Date: 04/15/2023

c. In the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States, since the contractor is working in the area and offer a more reasonable price than other contractors having to relocate to the performance area.

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:

On December 15, 2023 a pre-solicitation was posted to contract opportunities and on March 15, 2024 a solicitation was posted on contract opportunities with a bid opening date of April 16, 2024.

On March 28, 2024, prior to bid opening, emails were sent to 6 viable contractors requesting their interest to bid on this project solicitation and one viable contractor showed interest in bidding for this project. On April 16, 2024 the bid opening had no bids. Due to this requirement having unusual and compelling factors, a sole source will be used.

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

Reasonable:

The Contracting Officer will ensure that the proposed price will be determined fair and reasonable using the price analysis techniques in FAR 15.404-1(b)(2). The proposal will also be evaluated by the Architect/Engineer firm managing the construction period services of the project.

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

Market Research Was Not Conducted:

Contracting conducted market research using the DSBS under NAICS code 238210 to identify SDVOSB/VOSB concerns in MI. Six (6) self-certified SDVOSB/VOSB contractors were identified. Using VetCert under NAICS code 238210 to identify SDVOSB/VOSB concerns, Seven Hundred and Fifty-one

(751) nationwide. Accordingly, the VA Rule of has not been met as no bids were received under the Invitation for Bid (IFB).

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:

CAVU-Roncelli construction JV-10 LLC 40950 Woodward Ave STE 130 Bloomfield Hills, MI 48304

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:

There are no barriers to this construction since other contractors can perform this work and a sources sought will be sought to increase the level of 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, https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3

Effective Date: 04/15/2023 which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Dennis Green Date Contracting Officer Representative VA Detroit

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.

Kyle A. Lipper Date Contracting Officer Network Contracting Office 10

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

Richmond McCloud Date Supervisory Contract Specialist Duty

Network Contracting Office 10 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx