36C25819B0025-0002011.pdf

VHAPM Part 819.7007/7008 Sole Source Awards to a Verified Service-Disabled Veteran-owned Small Business/Veteran-owned Small Business

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >$150K

OFOC SOP Revision 08 Page 1 of 5 Original Date: 10/22/18

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>150K)

Acquisition Plan Action ID:___________________________________________

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 22 –

Gilbert, VISN 22, Jerry L. Pettis Memorial Veterans Medical Center Loma Linda California (VALLMC)

2. Nature and/or Description of the Action Being Processed: A sole source SDVOSB contract for the VALLMC will be entered that requires justification for other than full and open competition. The new contract will be awarded as firm-fixed-price.

NCO 22 shall award to a SDVOSB a contract in accordance with Federal Acquisition (FAR) Part 6.302-5: Authorized or Required by Statute. The Veteran First Contracting Program provides the VA with authority to award a sole-source contract SDVOSB award pursuant to Public Law (PL) 109-461, 38 United States Code (USC), Section 8127, subsection c (PL 109-461, 38 USC, Sec. 8127(c)) to purchase Indefinite Delivery/Indefinite Quantity construction services for the installation of Lenel Personal Identity Verification (PIV) card readers in multiple areas within VALLMC.

It is anticipated that a firm-fixed price (FFP) construction contract be awarded utilizing Other Than Full and Open Competition to a verified and certified SDVOSB per FAR Part 15.002(a). The Contracting Officer (CO) has determined that the First Veterans Contracting Program be exercised per PL 109-461, 38 U.S.C), Sec. 8127c. By applying the authority of the First Veteran Contracting Program, it is an efficient and effective contracting vehicle to award a sole-source contract to a SDVOSB Contractor to meet the required award schedule of the project for the installation of Lenel PIV readers in multiple areas within VALLMC.

The CO’s justification not to use full and open competition after exclusion of sources, i.e., 100% SDVOSB set aside solicitation in accordance with Public Law 109-461, 38 USC, Sec, 8127, is based on fulfilling the contract award as expeditiously as possible due to the lack of a physical security control system within VALLMC which places patients and employees at risk.

When utilizing the competitive solicitation process for contracts more than the simplified acquisition threshold, it must be in compliance with FAR Part 6.2 Full and Open Competition after Exclusion of Sources, FAR Part 5.203 – Publicizing and response time, and FAR Part 36.213 – Pre-solicitation notices for any construction requirements; a pre-solicitation notice has to be published fifteen (15) days before issuance of a solicitation. Furthermore, NCO 22 must allow at least a thirty (30) day response time for receipt of bids or offer from date of issuance of solicitation.

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The CO has determined that it is in the best interest of the Government to reduce the required forty-five (45) day pre-solicitation notice and allowed response time, by utilizing the Veteran First Contracting Program as the most effective and efficient procurement process. This determination will allow the VA to meet the critical schedule for the installation of Lenel PIV readers in multiple areas within VALLMC.

A solicitation will be issued to one (1) SDVOSB construction Contractor in accordance with FAR Part 6.302-5; Authorized or Required by Statue; pursuant to the Veterans First Contracting Program - Service Disabled Veteran Owned Small Business. A justification and approval is required under this FAR Part 6.302-5.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Construction contractor shall completely prepare site for the installation of Lenel PIV card readers including but not limited to conduit, junction boxes, required electrical, CAT 6 wire, card readers and all programming as required by the statement of work and specifications. It shall include installing new card readers, remote entry buttons and intercom/video systems into existing walls, modifications to existing doors, removing and reinstall of various ceiling systems. Work includes general construction, alterations, electrical work, and certain other items. The Government estimate is $1,750,000 with a performance period of one base year and 2 option years.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S.

Code § 8127, as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business

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 contract is being procured on a sole source basis. IAW VAAR 819.7007(a) the CO may award contracts to SDVOSB concerns on a sole source basis provided the anticipated award price will not exceed $5 million; the justification is synopsized in accordance with FAR part 5 and the SDVOSB has been determined to be a responsible contractor with respect to performance and award can be made at a fair and reasonable price. IAW VAAR 819.7007(b) the CO’s determination whether to make a sole source award is a business decision wholly within the discretion of the CO. A determination that only one SDVOSB concern is available to meet the requirement is not required. This authority is being used to accommodate a faster procurement turnaround while maintaining a confidence in contractor performance and their use of subcontractors. VALLMC currently utilizes the Lenel Access Control software and the Lenel OnGuard Integration Platform. The system is proprietary and is the universal intrusion system currently being used throughout VALLMC.

The contractor that will be used is Security Solutions, INC. Security Solutions currently provides all system maintenance, and warranty coverage as a Certified Lenel Installer and Maintainer for all Lenel PIV system currently installed in VALLMC. It is necessary that the VALLMC utilize Security

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Solutions to install all new Lenel Access Control system components to maintain system integrity.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: See number 5 above. A notice will be posted on FBO to publicize this justification. Vetbiz was queried and there are 9 potential SDVOSB construction contractors performing work in California.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost should be fair and reasonable to the government based on the engineering service independent Government cost estimate (IGCE), which will be used to negotiate price. The contractor’s proposal, including certified cost or pricing data, will be analyzed against the IGCE. The Contracting Officer’s Representative (COR) will provide technical assistance.

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

Market Research Was Not Conducted: Market research information was obtained through the Vetbiz database. There are 9 potential SDVOSB construction contractors listed. The chosen contractor has been used in other projects, so their work performance is already known.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None, see number 5 above.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: There are no other sources that have expressed an interest.

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: It is anticipated that any subsequent solicitations will be competed.

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.

Timothy J. Lafave Date Chief of Projects VA Loma Linda Medical Center

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

http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

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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.

Name Date Title Facility

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

NCO/PCO XX Duty Title

Facility

c. VHA SAO 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 $68 million) or approve ($700K to $68 million) for other than full and open competition.

VHA Head of Contracting Activity (HCA)

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d. VHA Senior Procurement Executive Approval (over $68 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Jan R. Frye Date Deputy Assistant Secretary for Acquisition and Logistics Senior Procurement Executive (SPE) Department of Veterans Affairs