P03 JA Over SAT Emer CTX Roof s.pdf

VHAPG Part 806.3 OFOC

Revision: 03 Effective Date: 04/15/24

Acquisition ID#: 36C25724AP4065

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C257-24-AP-5168

JOFOC # FY24 – NCO 17 - 2877

Verbal Approval: N/A

Award Date:

1. Contracting Activity:

Department of Veterans Affairs, Regional Procurement Office West, Network Contracting

Office (NCO 17).

Department of Veterans Affairs, Veterans Integrated Services Network 17 (VISN 17), Doris

Miller Veterans Affairs Medical Center (VAMC), 4800 Memorial Blvd, Waco, TX 76711.

The 2237 number is 674-24-4-8827-0404. The total cost of the purchase order is

$599,655.94.

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

The proposed sole source action is for a firm-fixed price (FFP) contract with Bancroft

Valiant Joint Venture, LLC. It is for repair and replacement of roofs at the Waco VAMC on building . The damage occurred on May 22, 2024 during a severe storm causing substantial damage to roofs on the campus of the Waco VAMC. Bancroft Valiant Joint Venture, LLC has done credible work to roofs in this area, on this campus, and of this type of roof system.

Network Contracting Office 17 (NCO17) intends to negotiate and award a contract on a

SDVOSB sole source basis to Bancroft Valiant Joint Venture, LLC.

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

The contractor shall provide all labor and materials needed to accomplish the tasks associated with the statement of work (SOW) to replace and repair roofs at the Doris Miller VAMC, Waco, TX. The independent government cost estimate (IGCE) is $480,000.000. The price proposal from Texas Velocity Enterprises, LLC is $599,655.94. The period of performance will be 213 calendar days after NTP. 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;

( ) (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

Acquisition ID#: 36C25724AP4065

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

FAR 6.302-5; 806.302-570(c) Sole source awards above the simplified acquisition threshold as authorized by 38 USC §8127(c);

( ) (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 6.302-5 Authorized or required by Statute and

VAAR 806.302-570(c) Sole source awards above the simplified acquisition threshold as authorized by 38 USC §8127(c). The Doris Miller VAMC has roofs on building 1 that were damaged by the recent storm that occurred on May 22, 2024. If a similar weather event were to occur before the roofs are repaired and/or replaced then significant interruption to patient care would occur. Water and debris would enter the buildings, halting patient care and causing financial loss due to damage of buildings and equipment.

Bancroft Valiant Joint Venture, LLC and its subcontractor has extensive knowledge of the

Doris Miller VAMC campus and the capabilities that are necessary to perform the work without disrupting patient care. They are experts in the roofing systems that are currently in place and have completed work in the past and of a similar magnitude (36C25723C0098) on building 1 for the Waco VAMC campus. Due to the impact of patient care and financial loss from a subsequent storm, there is a need for this work to be awarded, performed, and completed by a contractor that is already an expert on the roof systems at the Doris Miller

VAMC location.

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 requirement, only one source is considered to have the capability and the knowledge to repair/replace roofs for the Doris Miller VAMC. Bancroft Valiant

Joint Venture, LLC was selected due to availability, capability, and familiarity with the Doris

Miller VAMC roof systems.

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

Reasonable:

In determining that Bancroft Valiant Joint Venture, LLC’s price will be fair and reasonable it was compared against the independent government cost estimate (IGCE), a previous similar roof procurement at this location, and past awards of similar scope for other Veterans Affairs locations. The IGCE for this requirement is 480,000.00. The past award, 36C25723C0098 at this location for building 163 was $2,684,867.00 and was awarded on 12/28/2021.

Requirements for other VA locations that were similar in scope were found for Veteran

Affairs locations in New York and West Virginia.

8. Description of the Market Research Conducted and the Results, or a Statement of the

Reasons Market Research Was Not Conducted:

Market research is required per FAR 10. Market research was conducted using the VA

Market Research Report Template over SAT located at VHAPG Part 810.001 and can be found in the contract file. The Engineering group contacted Bancroft Valiant Joint Venture, LLC, because of past performance, experience, expertise in the Waco VA Building 1 and a

Acquisition ID#: 36C25724AP4065 recent previous award, 36C25723C0098.

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:

Bancroft Valiant Joint Venture, LLC a SDVOSB has expressed interest and provided an informal proposal. The proposed contractor can start on the project as soon as a signed contract is in place.

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:

There is currently no reasonable way future barriers to competition could be removed from this type of acquisition that is dependent on being performed in a timely fashion, capability, and expertise with the Waco VAMC flat roofs.

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.

James Warren

Health Care Engineer

Central Texas Veterans Health Care System

Acquisition ID#: 36C25724AP4065

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.

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

NCO 17

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