36C25219C0073-000.docx

FedBizOpps Justification and Approval Notice

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* = Required Field FedBizOpps Justification and Approval Notice Rev. March 2010 Z

537-18-136C DDC

53214-1476 36C25219R0078 N 236220 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 3001 Green Bay Road Building 1, Room 329 North Chicago, IL 60064 Megan Manis megan.manis@va.gov

FAR 6.302-2

36C25219C0073 $184,186.64 01-29-2019

TL SERVICES, INC.

4733 KIBLER RD

VAN BUREN

AR

72956

DEPARTMENT OF VETERANS AFFAIRS

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

Acquisition Plan Action ID: ACQ-PLAN 36C252-19-AP-1676

1. Contracting Activity: Department of Veterans Affairs, VISN 12/NCO 12 Great Lakes Acquisition Center 2237: 537-19-2-6985-0074

2. Nature and/or Description of the Action Being Approved: The requirement is for Project 537-18-136D DDC System Corrections OR AHU5. Several deficiencies were noted during a retro-commissioning to determine why AHU5 is not able to maintain the correct pressurization, temperature, and shutdowns/freezes. The correction work is urgent so that the Jesse Brown VA Medical Center is able to use their operating rooms and not cancel surgeries.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The contractor shall complete the following DDC System Corrections to Operating Room (OR) AHU5:

a. Provide a DDC system download on CD to the COR before the start of work. This is intended to be the record of the existing condition.

b. Reconfigure the DDC controls to validate there is adequate closure torque for

1. hot water globe valve

2. dampers under pressure

c. Reconfigure the freeze stats in the OR AHU5 housing and add a turbulence device to disrupt the laminar flow in the OR Ahu5 mixing box to allow the system to operate per the Sequence of Operation.

d. Adjust the system modes: economizer, occupied and unoccupied. Remove the system dependence to operate the remote OR AHU5 chillers in winter mode.

e. Adjust the dampers and actuators on all louvers on AHU5 for supply, exhaust, and return.

f. Repair known failed smoke/fire dampers. These dampers are located between the AHU on 3rd floor and the ORs on the 2nd floor. The VA shall provide the fire alarm disable / bypass during the work on the smoke/fire dampers. The existing fire alarm system is JCI/Simplex.

g. Correct the function of the UV lighting.

h. Calibrate and adjust the filter differential pressure sensors. Repair failed exhaust air flow measuring station.

i. Calibrate and adjust component response time.

j. Coordinate and discuss findings with the VA’ Commissioning Agent 537-18-136C, Apogee Consultants.

k. Correct the DDC system to comply with 537-18-136 Section 23 09 23 for the AHU and the devices within the Operating Suite.

l. Validate native BACnet and dual redundant controllers where all the input/output points are automatically switched upon controller failure.

m. Provide one on-site DDC engineer to monitor the system, 8 hours per visit, 21 days during the period of performance, which could include weekends and holidays. Days selected will be based on outdoor temperature and system vulnerabilities.

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 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified 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): TL Services, Inc. has completed similar work on AHUs supporting the operating rooms at the Edward Hines Jr. VA Hospital. The OR AHUs are a critical component, and having a company that is experienced with working on a similar system in the same geographic location under similar conditions (cold weather) is a unique qualification. Additionally, the authority VAAR 819.7007 allows sole source awards to SDVOSB/VOSB based on 38 U.S.C. 8127(c) and that the SDVOSB/VOSB concern has been determined to be a responsible source with respect to performance, and TL Services, Inc meets the eligibility requirements in VAAR 819.7003.

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 subpart 5.2 and, if not, which exception under 5.202 applies: The requirement has not been published in accordance with FAR 5.202(a)(2). This requirement is urgent as the outside temperature is set to significantly drop below freezing, and such temperatures have been negatively impacting how the OR AHU functions. In order to ensure the OR AHU functions correctly and be available for surgeries, the VA must complete the corrections before the temperatures drop. Therefore, this sole-source is being issued under FAR 6.302-2. This J&A shall be published to FBO.gov.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: TL Services, Inc. has a GSA 03FAC contract, and are using the approved GSA labor. Additionally, the COR will provide technical comments to any proposal.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market Research was not conducted. The VA reached out to TL Services, Inc. once it was determined that it was necessary to correct the DDS System as soon as possible. The vendor meets the eligibility criteria outlined in VAAR 819.7003, are verified in VIP, and the action is below the SAT and the $5M threshold.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. This J&A is being issued under authority 38 U.S.C. 8127(c).

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None as this requirement was not advertised.

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: 537-18-136A AHU5 Follow On is currently being solicited through FBO as a SDVOSB under NAICS 236220. This requirement will correct the remaining deficiencies of AHU5 that are not affected by cold temperatures.