36C25219C0124-001.pdf

OFOC SOP Revision 08 Original Date: 03/22/11 Revision 08 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: 36C252-19-AP-1533

1. Contracting Activity: Department of Veterans Affairs, VISN 12, Great Lakes Acquisition Center located at 115 South 84th Street, Suite 101, Milwaukee Wisconsin 53214. This acquisition is for construction of the MRI Pad on behalf of the Oscar G Johnson VA Medical Center, 325 East H Street, Iron Mountain, MI 49801, Purchase Request 585-19-2-6988-0053.

2. Nature and/or Description of the Action Being Processed: Oscar G. Johnson VAMC, Iron Mountain, Michigan, has a need to remove the existing MRI Pad and replace with a new concrete slab engineered to meet the needs of the MRI vehicle utilized by the Hospital. The Government estimate for the project is $59,312.00. The contract will be a firm-fixed price construction to complete the work as outlined in the project SOW in 120 days from NTP.

The Government proposes to establish a contract with MBM Construction; Duns# 077481208, CVE- VIP verified, Service Disabled Veteran Owned Small Business (SDVOSB) general construction contractor as a sole-source procurement under the Statutory Authority granted to VA in 38 U.S.C. 8127 (Public Law 109-461 or the Veterans Benefits, Health Care and Information Technology Act of 2006).

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Contractor will be required to remove the existing concrete pad for the mobile MRI vehicle and replace with a new concrete slab, as well as replacing a 10'x10' concrete section around the nearby manhole.

4. Statutory Authority Permitting Other than Full and Open Competition:

In accordance with 38 USC §8127: Authorized or Required by Statute FAR 6.302-5.

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

Statutory authority is prescribed under 38 U.S.C 8127, & 41 U.S.C. 3304(a)(5). Governing regulations are FAR 6.302-5 & VAAR 819.7007 (per Class Deviation 07/25/2016).

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

N/A.

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

The IM engineering team has prepared an Independent Government Estimate (IGE) using historical data and resources available. A pre-negotiation objective will be developed to establish the Government’s initial negotiation position based on the results of the contracting officer’s analysis of the offeror’s proposal, taking into consideration all pertinent information including; technical analysis, fact-finding results, cost estimates and price history. Negotiations will be carried out between MBM and the Government as necessary to reach an agreement on a fair and reasonable price.

OFOC SOP Revision 08 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: A search utilizing NAICS code 238110-Poured Concrete Foundation and Structure Contractors was conducted to determine if other qualified CVE SDVOSB contractors would be able to meet the needs of this project. The VET Biz Registry - https:// www.vip.vetbiz.gov/ website was utilized. The search resulted in the identification of 41 CVE-certified SDVOSB companies located in Michigan, Wisconsin, and Illinois. However, due to the regional limitations & review of historical solicitation attempts, there is not a reasonable expectation that 2 or more SDVOSB construction firms would submit offers.

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

Construction Company has completed many projects similar to this project scope at the Oscar G Johnson VA medical center. Previous work performed by MBM has been satisfactory or above on all projects.

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

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.

Justus Klink, Contract Officer Construction, NCO-12

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.

Justus Klink, Contracting Officer

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.

Rich Hedman, Branch Chief http://www.vip.vetbiz.gov/ http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx