36C25225C0008_1.docx

SUBJECT*

Replace B104 Generator AE-CPS 550-22-105

GENERAL INFORMATION

BASE NOTICE TYPE

SET-ASIDE

GLAC (69D)

115 South 84th Street, Suite 101

Milwaukee WI 53214-1476

POINT OF CONTACT*

Contracting Officer Juan C. Gaytan Juan.gaytan@va.gov 224-610-3644

AWARD INFORMATION

LINE ITEM NUMBER

AWARDEE ADDRESS LINE 1*

AWARDEE ADDRESS LINE 2*

AWARDEE ADDRESS LINE 4*

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

Award Notice Award Notice

DESCRIPTION

*= Required Field Award Notice Award Notice

DEPARTMENT OF VETERANS AFFAIRS

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

Acquisition Plan Action ID: 36C252-24-AP-4665

1. Contracting Activity:

Department of Veterans Affairs, VISN 12, 550 VAIHCS Danville, IL

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

These Construction Period Services (CPS) are for Project 550-22-105 Repair B104 Generator at VAIHCS, Danville, IL. CPS option will be awarded with a new contract number instead of modification to existing contract [REDACTED]. This will be a Firm Fixed Price contract. Contract has been pre-negotiated with USFin Development, LLC (SAM UEI DFS9NKSDUUY5), a responsible, SDVOSB Architect and Engineering Contractor; on a sole source basis under the statutory authority granted to VA in 38 U.S.C. 8127 (better known as 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:

Construction Period Services are needed for Project 550-22-105 Repair B104 Generator. This CPS period is for the duration of the Construction contract which is currently being solicitated under 36C25225B0004. The period of performance is expected for the 210 calendar days Construction period but not to exceed one year. The estimated value is [REDACTED]. The current IDIQ [REDACTED] has expired. It is necessary that USFin Development, LLC completes CPS on its owned design specifications and drawings.

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

Statutory authority above allows sole source awards to SDVOSB on 38 U.S.C. 8127(c) and this SDVOSB concern has been determined to be a responsible source with respect to performance. USFin Development, LLC meets eligibility requirements in 819.7003(DEVIATION).

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:

Competition is not practical given the timeframes involved. GLAC needs this contract awarded in conjunction with or during Solicitation of Construction services. USFin Development, LLC designed the final drawings and specifications for the construction Project 550-22-105 Replace B104 Generator at VAIHCS, Danville, IL. It is necessary for them to provide CPS services during the construction period due to their familiarity and knowledge of their own design and specifications for this project. There is already a pre-negotiated option as part of contract [REDACTED].

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

The Option exercise is the most advantageous method of fulfilling the Government’s need, price and other factors considered. The determination of other factors should take into account the Government's need for continuity of operations and potential costs of disrupting operations; and the effect on small business. A modification is required however Contract [REDACTED] was closed out and IDIQ [REDACTED] has expired and Construction Period Services (CPS) are still needed therefore a Sole source contract will be used to perform the following actions: Exercise optional CLIN 1001 for Construction Period Services (CPS) included in the Architect-Engineer Contract [REDACTED] for the subject project will be awarded under Contract 36C25225C0008. This option is pre-negotiated, pricing has been pre-determined. This will be signed by both parties after proper notification to the AE contractor. An informal analysis of prices or examination of the market indicates that the Option price is better than prices available in the market or that the Option is the most advantageous offer. Therefore, it is fair and reasonable, and in the best interests of the Government.

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

Market research was conducted by reviewing other IDIQ contracts available in VA Danville, however nine of them were expired except for IDIQ [REDACTED].

Market research showed the short timeframe and familiarity with drawings and specifications for project was needed. Also, market researched showed there is already a pre-negotiated option as part of contract [REDACTED].

CO searched the Veteran Small Business Certification (VetCert) database and verified that the vendor met the eligibility criteria outlined in VAAR 819.7003(DEVIATION), they are certified in VetCert and the action is below the $5M threshold.

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:

None. The Contracting Officer will be awarding to USFin Development,LLC immediately after this J&A is approved.

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:

NCO 12 anticipates a continuous need for this type of AE contract at VAIHCS at Danville, IL and is currently researching whether or not a new competitive, AE Multiple Award Task Order Contract (MATOC) would better suit the health Center’s long-term needs.

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.

[REDACTED]

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.

[REDACTED]

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Revision: 03 Effective Date: 06/15/2024