36C25723C0099_1.docx

Award Notice

GENERAL INFORMATION

BASE NOTICE TYPE

SET-ASIDE

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs Central Texas Veterans HCS 1901 Veterans Memorial Dr. Building #171 Temple TX 76504

POINT OF CONTACT*

Contracting Officer Horacio Fernandez horacio.fernandez@va.gov

(254) 899-6034

AWARD INFORMATION

LINE ITEM NUMBER

AWARDEE ADDRESS LINE 1*

AWARDEE ADDRESS LINE 2*

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

DEPARTMENT OF VETERANS AFFAIRS

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

JUSTIFICATION SOLE SOURCE JUSTIFICATION 6.302-2

Acquisition Plan Action ID: 36C257-23-AP-4361

1. Contracting Activity: Department of Veterans Affairs (VA), Network Contracting Office 17 (NCO 17), Temple, Texas. Purchase Request: 549-23-4-5090-0858.

2. Nature and/or Description of the Action Being Processed: This procurement is for a firm-fixed price sole source contract for Project 549-23-143 for mold abatement, in accordance with FAR justification using FAR 6.302-2, Unusual and compelling urgency. The current effort requires construction services including mold abatement, gypsum board removal, clean ducts prior to airborne spore migration, clean all surfaces for prevention of mold spores, and repair basement sump pumps. The total contract value of this procurement is $662,238.80.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: On August 1, 2023, Mold was found in the Garland VA Medical Center. This contract calls for structure mitigation to include but not limited to removing all wet ceiling tiles, base removal, vent holes and cleaning all contaminated horizontal surfaces is required.

4. Statutory Authority Permitting Restricted Competition:

FAR 6.302-2 Unusual and compelling urgency. The statutory authority for applying this is 41 U.S.C. § 3304(a)(2) which states “the executive agency's need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals.” Competition is restricted on this procurement for the reason below:

(X) Unusual and Compelling Urgency per FAR 6.302-2

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Garland VA Medical Center provides primary care and specialty health services, including cardiology, mental health services, treatment for spinal cord injuries, suicide prevention, women’s health care, and more. The nature of the medical services provided requires optimal and complete medical operation.

The Garland VA Medical Center basement currently has a safety violation of not having a usable basement. This has created a displacement of employees. Further, the mold found could be harmful if breathed in, creating a serious health concern for all employees and patients.

The above conditions are impacting staffing by forcing them to be relocated because of all the damage and lack of useability of medical areas and rooms. All clinical services are discontinued until the space is restored. The disruption and displacement of the clinical service lost is severe. Of utmost and critical care concerns is the limitations on the number of patients that can be scheduled and treated.

While patient care is private, it can be presumed that there is a sizable number of patients that require care for mental health conditions, severe physical ailments/disabilities. The immediacy of the care for patients fits the definition of compelling urgency, thus the use of FAR 6.302-2 Unusual and Compelling Urgency to award this contract is warranted and in the best interest of the Government and the patients requiring immediate medical care.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Synopsis of this proposed contract action will be posted on SAM.gov IAW FAR 6.302-2.

Minimal market research was performed due to the urgency to ensure the immediate safety of patients, employees, and visitors of VANTHCS. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(2), as implemented by FAR 6.302-2; Unusual and Compelling Urgency per FAR 6.302-2.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The price is considered fair and reasonable, based on a comparison to the Independent Government Estimate (IGE). The IGE is $669,201.00, which makes the price proposal of GCC Enterprises of $662,382.80 lower than the IGE by about one percent or $6,818.20. The percentage difference of one percent is well within reason, and if this were a competitive requirement, a percentage difference this close would inherently convey price reasonableness.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As stated in Paragraph 6 above, limited Market Research was conducted and is in file. As stated in Paragraph 5 above, it is not in the interest of crucial veteran patient care nor the Government to obtain competition. Due to the urgency of this of this request GCC Enterprises will be awarded the contract. GCC Enterprises is familiar with the mold abatement required at the Garland facility basement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: No other pertinent facts apply or are available.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No other sources have expressed an interest in this acquisition.

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: All future requirements will be assessed on a case-by-case basis to determine any future acquisition strategy.

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.

Opportunities Description *= Required Field Award Notice