36C25920C0098-000.docx

Contract Opportunity Justification and Approval Notice

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* = Required Field Contract Opportunity Justification and Approval Notice

Z2DA

COVID19 Create Isolation Units (VA-20-00043612) 80111

36C259-20-AP-2343

0001-2000 N 236220 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111 Donna Gillette 303-712-5768 donna.gillette@va.gov

FAR2

36C25920C0098 $314,315.93 04-08-2020

BETANCE ENTERPRISES, INC.

7310 SOUTH ALTON WAY SUITE 6E

CENTENNIAL

CO

80112

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Other Than Full and Open Competition for 575-20-203 Create Isolation Units

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 19, 6162 South Willow Dr., Suite 300, Greenwood Village, CO 80111, on behalf of the VA Western Colorado Health Care System proposes to enter into a contract on the basis of other than full and open competition for the completion of the COVID-19 Create Isolation Units at the Grand Junction campus located in Grand Junction, Colorado.

2. Nature and/or Description of the Action Being Processed: Modify mechanical systems and construct anterooms to provide negative pressure isolation units to support COVID-19 Surge Plan. The estimated project value is $350,000.

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

The objective of this contract is to provide materials and equipment needed to provide negative pressure isolation units, to include temporary HEPA filters and associated ductwork needed to install them; construction of anterooms for donning and doffing personal protective equipment, and corridors for clean and soiled traffic on all units. Immediate response is needed. Isolation units are to be operational on 30 March (3E and PACU) and 6 April 2020 (5th Floor). Betance Enterprises LLC is on station for another project and can respond immediately with technicians, equipment, and resources. It is in the Government’s best interest to sole source this requirement to Betance so that work can be completed as expeditiously as possible. Using Betance will reduce liability and risk for the VA.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §253(c) (1), as implemented by FAR 6.302.1

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Title 38 U.S.C. 8127 (b), (c) and (d) provide the authority for Department of Veterans Affairs (VA) contracting officers (COs) to make awards to Service-disabled Veteran-owned small business (SDVOSB) firms and Veteran-owned small business (VOSB) firms using other than full and open competition when certain conditions are met. With respect to the current action, the conditions have been met and there is Justification for Other than Full and Open Competition. In accordance with the Veterans First Contracting Program and the Authority under 38 USC 8127-8128 (Sections 502 and 503 of Public Law (P.L.) 109-461), FAR Part 6.302-5(b) (6), and VAAR 819.7007, the Government intends to negotiate a sole source contract with a SDVOSB.

Betance Enterprises LLC is on station for another project and can respond immediately with technicians, equipment, and resources. It is in the Government’s best interest to sole source this requirement to Betance so that work can be completed as expeditiously as possible. Using Betance will reduce liability and risk for the VA hospital, staff and patients.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable No effort was made because of the urgent circumstances.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable The proposal from Betance LLC will be evaluated against the IGCE and compared against common, competitive rates for labor disciplines.

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

Due to the emergency nature of this procurement, market research was restricted to personal knowledge of the Contracting Officer’s Representative (COR) and facility personnel for a Service-Disabled Veteran-Owned Small Business (SDVOSB) concern capable of completing the work in the most expeditious manner possible. This research resulted in determining that Betance, LLC, an SDVOSB, was the most capable due to their intimate knowledge of facility infrastructure and their availability to immediately start work.

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

Emergency response to the COVID-19 epidemic requires immediate response. Betance is on site and can begin work immediately. Going out for competition would result in substantial delay of critical work.

9. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No other sources can begin the required mechanical work immediately.

10. 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: Barriers to competition should not be an issue on future procurements.

11. 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.

Approvals in accordance with FAR 6.304