36C25819C0049-006.pdf

Justification for Other than Full and Open Competition

Date: 9 January 2019 Contract Number: 36C25819C0049 Nomenclature: Water Main Repair for Long Beach Estimated Delivery or Period of Performance: 90 Days after NTP

1. Agency and Contracting Activity:

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 East Missouri, Suite 300 Phoenix AZ 85014

2. Nature of Action Being Approved:

This document is to provide the supporting details surrounding the subject acquisition, awarded under Urgent and Compelling Circumstances IAW FAR 6.302-2.

3. Description of Requirement:

The Veterans Affairs Healthcare System located in VA LONG BEACH, 5901 E. 7th ST LONG BEACH, CA. 90822 BLDG. 5A. VAMCLB requires construction services to repair the water main at the intersection of Palm and Pine Roads. Water is coming up through the Asphalt, buckling up and creating a Safety Issue for pedestrians. Also, in order to isolate the Water Main to stop the leak, Fire Hydrant #37 has been rendered inoperable until the repairs have been made. Fire Hydrant #37 provides Fire Protection for the Fisher House.

4. Statutory Authority permitting other than full and open competition:

Urgent and Compelling Circumstances IAW FAR 6.302-2, 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2).

5. Circumstances and Support for Urgent and Compelling Requirement:

Water is coming up through the Asphalt, buckling up and creating a Safety Issue for pedestrians. Also, to isolate the Water Main to stop the leak, Fire Hydrant #37 has been rendered inoperable until the repairs are made. Fire Hydrant #37 provides Fire Protection for the Fisher House. Immediate repair is required to limit disruption to patient care. This lends itself to an emergency in accordance with FAR 6.302-2, and a local vendor capable of completing the repairs on short notice is D Square Construction, LLC.

6. Description of Solicitation Efforts and Exemptions This contract action is made under the conditions described in FAR 6.302-2 Urgent and Compelling circumstances. Furthermore, this acquisition is posted IAW 5.202(a)(2).

7. Market Research and Price Reasonableness:

Due to the urgency of this acquisition, a limited, informal query was conducted of the Federal Procurement Data System (FPDS-NG), System of Award Management (SAM), as well as Vetbiz.gov for potential sources.

The Independent Government Estimate (IGE) referenced a vendor with estimated pricing based on previous acquisition history for the same or similar services.

Due to the urgency, and stressed timeline of the requirements, D Square Construction, LLC provided a written interest in fulfilling this requirement.

8. Determination and Findings:

D Square Construction, LLC has adequate financial resources to perform the contract, or the ability to obtain them (see FAR 9.104-3(a)). The vendor has adequate financial resources to perform the contract with minimal risk to the government, and are financially capable to perform the services in accordance with the Statement of Work and performance schedule.

Furthermore, the contractor has successfully completed similar requirements with other VA medical centers and commercial entities on previous acquisitions.

9. Price Reasonableness Determination:

It is determined the price is fair and reasonable per FAR 15.404-1(b)(2)(v), the price is fair and reasonable in comparison to the Government estimate. The independent government estimate (IGE) of $244,563.00 was submitted by the requiring activity for this procurement based on market research, informal requests for quotation, previous acquisitions of a similar type, and price comparison to the RS Means unit pricing book.

This award is being made pursuant to FAR 6.302-2 Unusual and Compelling Urgency. If award of purchase order were delayed if would further jeopardize the safety of all personnel and patients.

10. Statement of Actions to Overcome Competition Barriers:

Continued market research efforts for Service Disabled Veteran Owned Firms capable of quick execution for similar services in future acquisitions.

11. Contracting Officer’s Signature:

Based on the above, D Square Construction, LLC, has been determined to be a responsible contractor, in accordance with FAR Subpart 9.1, for performance under Contract No.

36C25819C0049.

I certify that this information is accurate and complete to the best of my knowledge and belief, and to be in the best interest of the government.

Lissette Fernandez Contract Specialist Construction Branch 2

Justin Hicks Contracting Officer Construction Branch 1