P03 JOFOC NCO17 Emergency CTX Roof Repairs.pdf

VHAPG Part 806.3 OFOC Page 1 of 5 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C257-24-AP-4065

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C257-24-AP-4065 Award: 36C25724C0068

JOFOC # FY24 – NCO 17 - 2116

Verbal Approval: 07/25/2024 Award Date: 07/26/2024

1. Contracting Activity:

Department of Veterans Affairs, Regional Procurement Office West, Network Contracting Office (NCO) 17.

Department of Veterans Affairs, Veterans Integrated Services Network (VISN) 17, Temple Veterans Affairs Medical Center (VAMC), 1901 Veterans Memorial Blvd, Temple, TX 76504.

2237: 674-24-4-8832-0146

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

This sole source action is for a new firm-fixed price (FFP) contract with Texas Velocity Enterprises, LLC. It is for the repair and replacement of roofs at the Temple VAMC on buildings 146-147 (walkway only), 163, 202A, and 204. The damage occurred on May 22, 2024, during a severe storm that produced two tornadoes causing substantial damage to roofs on the campus at the Temple VAMC. NCO 17 negotiated and awarded a contract on a sole source basis to Texas Velocity Enterprises, LLC.

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

The Engineering Department at the Temple VAMC requested emergency repair of the roof on building 163 and replacement of roofs on buildings 204, 202A, and 146-147 (walkway roof only). The contractor shall provide all labor and materials needed to accomplish the tasks associated with the statement of work (SOW). The award amount was $4,830,981. The Notice to Proceed (NTP) was issued on the day of award with a period of performance of 07/26/2024 to 01/22/2025. There are no option years.

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

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

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Acquisition ID#: 36C257-24-AP-4065

( ) (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 emergency requirement falls under FAR 6.302-2 Usual and compelling urgency. The Temple VAMC has roofs on buildings 146-147 (walkway only), 163, 202A, and 204 that were damaged during a tornado near the Temple VAMC on May 22, 2024. The roof on building 163 requires repair due to the roof layer peeling back and components of the roof becoming detached. Roofs on buildings 204, 202A, and 146-147 (walkway only) need replacement. Replacement is required due to leaks, holes, and sections of the roofs that have been removed by the storm. The interiors of the buildings were also affected.

Damages to the roofs are affecting veteran care and have the potential of significant incurred financial loss if the situation is not resolved timely. Building 202A encompasses the mental health domiciliary where the 2nd floor had to be closed thereby reducing in-patient beds.

Buildings 163 and 204 are part of the main hospital and are currently still occupied but services could be reduced if the situation is not resolved and mold develops. All buildings mentioned are experiencing leaks which could lead to mold remediation becoming necessary in the future coupled with environmental concerns and the potential for patient and employee exposure.

Texas Velocity Enterprises, LLC is a SDVOSB and was awarded contract 36C25722C0023 for the roof replacement on building 163 at the Temple VAMC. The engineering team has been satisfied with warranty administration and contractor response on the roof that was installed. Texas Velocity Enterprises, LLC was chosen to do the work to ensure the 10-year warranty on Bldg. 163 is not voided by contracting another contractor to do the work. Texas Velocity Enterprises, LLC is an expert on the type of roof systems in place at the Temple VAMC and they have proven they are capable of a project of this scope. Buildings 146-147 (walkway only), 202A, and 204 were included in the work to increase efficiency by having one contractor complete all the emergency work required at the Temple VAMC campus.

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

Due to the nature of this emergency requirement, only one source was considered to have the capability and the knowledge to repair/replace roofs for the Temple VAMC timely and efficiently. Texas Velocity Enterprises, LLC was selected due to availability, capability, and familiarity with the Temple VAMC roof systems having been awarded the last major roofing contract at this location.

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

Reasonable:

In determining that Texas Velocity Enterprises LLC’s price was fair and reasonable the proposal of $4,830,981.00 was compared against the previous last major roof award at this location, 36C25722C0023. Additionally, pricing was compared to awards for roof replacement at other VA locations that were of similar scope such as 36C24123C0024 and 36C24221C0025.

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Acquisition ID#: 36C257-24-AP-4065

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

Limited market research was conducted due to this being an emergency requirement under FAR 6.302-2 Unusual and compelling urgency. The VA Market Research Report Template over SAT located at VHAPG Part 810.0001 was used to create the report.

A VetCert query was conducted using the North American Industry Classification System (NAICS) 236220, commercial and institutional building construction, which identified a total of 3,428 Service-Disabled Veteran Owned Small Businesses (SDVOSBs) and Veteran Owned Small Businesses (VOSBs), concluding that there are more than two SDVOSB contractors available which would satisfy the Veterans Affairs (VA) Rule of Two. However, this requirement was for emergency roof repair where time was a considerable factor in preventing further damage to the buildings that are currently temporarily shielded from the elements.

Damage to the buildings would cause patient care to be adversely affected with reduced services. The mission partner requires a contractor who is experienced with this location, roof system, and has proven performance.

Federal Procurement Data System (FPDS) revealed four comparably scoped VA projects for roof replacement in other VA locations.

Based on the urgency of this requirement the decision was made to sole source; solicitating and evaluating additional contractors’ proposals would add additional time to award causing further damage thereby impacting patient care. The Engineering Department recommended using the previous contractor from the last major roof replacement at the Temple VA location.

Texas Velocity Enterprises is an SDVOSB and was awarded contract 36C25722C0023 for the roof replacement on building 163 at the Temple VA. Texas Velocity Enterprises has contractor performance ratings of satisfactory or better, is experienced with the roof systems at this location, and has expertise in the work required. Additionally, Texas Velocity Enterprises, LLC was chosen to do the work to ensure the 10-year warranty on building 163 is not voided by contracting another contractor to do the work.

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

N/A

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

Texas Velocity Enterprises, LLC a SDVOSB expressed interest and provided a proposal.

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Acquisition ID#: 36C257-24-AP-4065

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:

Due to the nature of this requirement being an emergency there was not a way to remove or overcome barriers to competition in this situation. To ensure patient care was not further impacted it was critical that a fair and responsible award was made to a responsible contractor in a timely manner.

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.

Tyrone Bennett Date Healthcare Engineer Central Texas Veterans Health Care System

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.

Makarim (AJ) Abdul-Jabbar Date Contracting Officer

NCO 17

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.

Robert Moffett Date Construction Branch 2 Chief https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

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Acquisition ID#: 36C257-24-AP-4065

c. Director of Contracting: I certify the justification meets requirements for other than full and open competition.

Mark A. Layman Date Director of Contracting

d. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

Curtis M. Jordan Date Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA)