PG_Part806.3_Atch9_FAR6_JA_OVER_SAT- 589-24-112 _ 002.pdf

Attachment 9: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 6 Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C255-24-AP-2818

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C255-24-AP-2818

1. Contracting Activity: Department of Veterans Affairs, VISN 15, Kansas City VA Medical

Center Facilities Management issued 2237 number 589-24-3-7968-0043 for Project 589-24- 112, Replace Penthouse Roof (Emergency).

2. Nature and/or Description of the Action Being Processed: This procurement is an emergency action. The penthouse roof is leaking into the Machine Room and water is spraying across the new elevator electronics during rain events. Water is also leaking across the new machines set on the elevator platforms. A temporary fix is using leak pans to catch some of the leaks and rerouting the rainwater breach, but other leaks are beyond the pan limits and potentially causing tens of thousands of dollars of damage which may render the elevators out of service in the future. This leak places the hospital in jeopardy of losing vertical transportation in Building 1 and the water during rain events is going to destroy newly installed elevator equipment if roof is not replaced immediately. Both issues would cause significant impact to the facilities ability to provide healthcare services to veterans, thus the risk has elevated this procurement to emergency status. This will be awarded as a standalone construction contract, as it is expected to exceed the JOC limit of $500,000 (with markups). A contract number will be issued to this requirement upon receipt of a technically accepted proposal. This contract will be issued as a Firm Fixed Price to ensure fair and reasonable pricing. A not to exceed (NTE) amount of $400,000.00 will be issued based on the COR provided IGCE of $380,000.00.

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

The scope of work to be performed is as follows:

Tear-off & Re-Roof ~ 1100 square feet of roofing material located on the elevator penthouse roof of the Main Tower (BLDG 1). All work shall meet or exceed all current and relevant VA specifications. Install fall protection guards that meet or exceed all OSHA requirements, including but not limited to the following:

• Remove existing lightning protection and temporarily install

• Re-install existing lightning protection onto the new roof and provide UL certification documentation

• Rework or replace flex and conduit on ridge of roof line

• Relocate electrical on roof as needed

• Clean up work area

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Acquisition ID#: 36C255-24-AP-2818

• Disassemble, remove, and store antenna temporarily

• Disassemble, remove, and store base temporarily

• Disassemble, remove, and store CMU temporarily

• Re-install CMU, base, and antenna onto new roof

• Repair lightweight concrete as needed

• Sq. ft. repairs for lightweight concrete at a cost of $23.50/ft2

• Mechanically fasten Burmastic Composite Ply HT to lightweight concrete

• Adhere 2-plies of Burmastic Composite Ply HT with Burmastic MC adhesive

• Adhere 1-ply of PowerPly Endure 300 FR granulated cap sheet with Burmastic MC adhesive

• Install new 2-ply flashings with Burmastic Composite Ply HT and PowerPly Endure 300

FR granulated cap sheet in Burmastic MC adhesive

• Install new 24ga standard colors shop fabricated roof related sheet metal flashing and trim

• Provide 2-year contractors installer warranty

• Provide 20-year Tremco Quality Assurance Warranty

• Assemble prefabricated guardrail system and install around the perimeter of BLDG 1

Elevator Penthouse Roof

The Government IGCE is $380,000.00 for the replacement of roof and related required activities to include 20 year warranty. There is an unknown repair cost depending on wet areas and repair for the concrete deck. From the visual inspection, it is estimated the highest amount of added cost this would require is $20,000.00. Therefore, the not to exceed amount will account for this possibility. The Period of Performance (POP) will be 120 calendar days.

This time is to accommodate the requirement of all work for the project, procurement lead time for materials, punch list items, final clean up, and close out activities. There will be no options associated with this contract and should be a onetime event.

This procurement meets all of the conditions outlined in (FAR 6.302-2) Unusual and compelling urgency as the period of performance will be under 1 year.

In addition to FAR 6.302-5 (b)(6), Sole source award under the Veterans Benefits Act of 2003 allows for this action to be awarded to a SDVOSB without competition.

Sections 502 and 503 of Public Law 109-461, the Veterans Benefits, Health Care, and Information Technology Act of 2006, as amended (38 U.S.C. 8127- 8128), authorizes a VA specific program to increase contracting opportunities for eligible small business concerns owned and controlled by Veterans with service-connected disabilities and small business concerns owned and controlled by Veterans. These businesses are commonly known as SDVOSBs/VOSBs.

VA's program is codified at 38 U.S.C. 8127(b), (c), and (d), and provides the authority for VA contracting officers to make awards to SDVOSBs/VOSBs using restricted competition, as well as other than full and open competition (sole source), as set-forth in this subpart.

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP, Revision 15 Effective Date: 04/15/23 allows for sole source direct awards to SDVOSB as long as the value is under $5,000,000.

https://www.acquisition.gov/far/part-6#FAR_6_302_2 https://www.acquisition.gov/far/part-6#FAR_6_302_5

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Acquisition ID#: 36C255-24-AP-2818

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

( X ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by

FAR 6.302-5;

( ) (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):

This procurement action is an emergency action. The penthouse roof is leaking into the Machine Room and water is spraying across the new elevator electronics during rain events.

Water is also leaking across the new machines set on the elevator platforms. A temporary fix is using leak pans to catch some of the leaks and rerouting the rainwater breach, but other leaks are beyond the pan limits and potentially causing tens of thousands of dollars of damage which may render the elevators out of service in the future. This leak places the hospital in jeopardy of losing vertical transportation in Building 1 and the water during rain events is going to destroy newly installed elevator equipment if roof is not replaced immediately. Both issues would cause significant impact to the facilities ability to provide healthcare services to veterans, thus the risk has elevated this procurement to emergency status.

The temporary fix of using pans to catch the water is not a viable solution. A major rain event will overwhelm this work around causing major damage to new equipment on potentially shut down the elevator. Thus the CO has determined that this raises the procurement to the level of Unusual and Compelling Urgency (FAR 6.302-2).

In addition to Unusual and Compelling Urgency (FAR 6.302-2) which should be sufficient justification by itself, Authorized or Required by Statute (FAR 6.302-5) allows for soul source award to SDVOSB.

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

This action was initiated pursuant to FAR 6.302-2 Unusual and compelling urgency. As such the contracting officer reviewed options to meet the emergent nature of the requirement.

The first thought was to use the JOC contract, however the IGCE indicated that the scope of work would be above the allowable contract limit of $500,000.

https://www.acquisition.gov/far/part-6#FAR_6_302_5 https://www.acquisition.gov/far/part-6#FAR_6_302_2 https://www.acquisition.gov/far/part-6#FAR_6_302_2 https://www.acquisition.gov/far/part-6#FAR_6_302_2

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Acquisition ID#: 36C255-24-AP-2818

Since this option was not available and the urgent need to stop the water leaks and avoid a potential catastrophic event, the CO determined the best option was to sole source this requirement and issue a Not To Exceed (NTE) amount to a SDVOSB that was already mobilized at the KCVA and was available to start immediately.

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

Reasonable:

The CO has already received local market pricing for the work. In addition, the COR had provided an IGCE that supported the local market pricing received by the CO. The CO stipulated terms of the NTE value of $400,000 with the requirement for all costs to be provided for evaluation and verification by the COR and CO. Since this acquisition was urgent the CO determined that there was insufficient time to require any other stipulations (Firm Fixed Price), as they would put too much risk on the contractor given the short time provided for them to verify that the work could be done for the NTE amount, barring unforeseen conditions.

By limiting the NTE amount to the government IGCE and establishing a maximum profit % the CO felt the price paid by the Government would be determined Fair and Reasonable.

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

Market research indicated that the firm selected was an eligible SDVOSB. The research also indicted that there are more than two SDVOSB in the local region of the Kansas City VA Medical Center. No further research was done as the method chosen was based on FAR 6.302-2 Unusual and compelling urgency and Authorized or Required by Statute (FAR 6.302-5)

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

Given the urgent nature of fixing the water leaks, a full in-depth evaluation of the situation could not be performed. The facility developed a scope of work that was general given their limited experience with this type of situation. Creating an actionable construction procurement package with full specifications, conducting complete market research and generating an in house design that could be issued as open market solicitation was evaluated and determined the process would expose the Government to unacceptable level of risk given the typical procurement timeline plus the time associated with station package development.

The Government conducted a site visit with the contractor and their subcontractors to review the basic scope and the intent of the project, leaving the means and methods up to the contractor, as long as they met all applicable codes and standards at the national, VA, and Local levels.

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Acquisition ID#: 36C255-24-AP-2818

The CO also considered the risk of not receiving reasonable bids or no bids and the additional time it would take to negotiate a Fair and Reasonable price or resolicit the procurement. The risk was determined too high given the possibility of not having a working elevator and the extensive damage the leaks will cause to newly installed elevator equipment verses potential minor savings associated with full and open competition after set-aside.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

This action was not posted for solicitation. The CO contacted the one source directly due to the emergency nature and urgent need.

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:

This action is an emergency action that does not lend itself to any preplanning. The only future corrective actions that could be taken would be to rotate the work between local qualified construction companies, thus providing a 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, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

_____________________________ 6/17/2024 Preston White Date Title Facility

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

_________________________ 06/17/2024 Matt Finley Date Contracting Officer

NCO 15

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

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Acquisition ID#: 36C255-24-AP-2818

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.

Arnold Payne Date

NCO15

Supervisory Contract Specialist