36C25819C0057-001.pdf

Justification for Other than Full and Open Competition

Date: 29 January 2019

Contract Number: 36C25819C0057

Nomenclature: Long Beach Anti-Ligature, Replace Sinks & Panels

Estimated Delivery or Period of Performance: 180 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:

Emergency Construction to rectify recently discovered Anti-Ligature deficiencies. Construction calls for the removal and replacement of sinks and panels located in multiple rooms throughout the

Long Beach Psychiatric M & L Wards.

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:

Joint Commission inspection of the Long Beach VA Mental Health ward identified an immediate requirement to replace the existing sinks in the Patient areas that did not meet the Anti‐Ligature requirements for suicide prevention. The Joint Commission stated these doors and sinks require immediate action. The facility experienced an unexpected break in a HVAC water line causing a significant flood on the 1st floor. Immediate remediation and repair is required to limit disruption to patient care. This lends itself to an emergency in accordance with FAR 6.302-2, and D Square

Construction LLC. is a local vendor capable of providing the rental equipment on short notice.

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 one 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. was the only offeror to provide 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 $200,084.00 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.

36C25819C0057.

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.

MICHAEL BANKS

Contract Specialist

Construction Branch 2

JUSTIN D. HICKS

Contracting Officer

Construction Branch 2