P03- JOFOC - Direct Award (36C259-23-AP-1897) Scope Re-Processors Site Prep_signed_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:

Tracking Number:

1. Contracting Activity:

Department of Veterans Affairs, Network Contract Office (NCO) 19, Construction Contracting Team, 6162 South Willow Drive, Suite 300 Greenwood Village, Colorado 80111, on behalf of the Engineering Department, Grand Junction Veteran Affairs Medical Center (VAMC), 2121 North Ave.

Grand Junction, CO 81501.

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

This is a request for a new, sole source, firm fixed price contract to a Service-Disabled Veteran Owned Small Businesses (SDVOSB). The proposed awardee, Hawk Contracting Group, LLC is a SDVOSB company.

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

The Grand Junction VA Medical Center has a need for construction services to complete site preparation in building 1 for the new “Scope Re-processors”, and “Endo-dry cabinets”. The contractor will complete the site preparation as per the 100% complete design drawings, and specifications. The contractor shall implement phasing to ensure construction will not impact or impede the VAMC’s mission to provide care to veterans. Verification of all existing conditions shall be noted by the contractor.

The estimated period of performance is (one hundred twenty) 120-Calendar days from the Notice to Proceed (NTP), with a total cost estimate of

4. Statutory Authority Permitting Other than Full and Open Competition:

41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 or 819.7009 up to $5,000,000. Check the specific VAAR clause used below:

(x) 819.7008 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a verified veteran-owned small business

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

This is a sole source acquisition IAW VAAR 819.7008, 38.U.S.C 8127(c). Under this authority, sole source awards can be made directly to a verified SDVOSB that meets the eligibility requirements of VAAR 819.7003 and the anticipated award price of the contract (including options) does not exceed $5 million. A determination that only one SDVOSB can meet the requirement is not required.

For this acquisition, the Contracting Officer (CO) has determined that a sole source award to Hawk Contracting Group, LLC is in the best interest of the Government. Hawk Contracting Group, LLC has been determined to be a responsible contractor with respect to performance; Hawk Contracting Group, LLC (TRKLML6DKAH8) is registered in SAM and verified as a SDVOSB through

CVE/SBA. In addition, Hawk Contracting Group, LLC has completed multiple projects at the Grand Junction VAMC with past performance ratings of satisfactory or higher. Hawk Contracting Group, LLC is licensed, bonded, and insured. Lastly, IAW FAR Part 5, this justification will be posted to Contract Opportunities.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies:

The Contracting Officer's (CO) determination to issue a sole source contract award is a business decision, wholly, within the discretion of the CO. With significant emphasis on the Non-recurring Maintenance (NRM) construction program and a budget more than doubled from FY22, the CO is utilizing/leveraging every resource, to include using this authority judiciously, to award construction requirements received. Prior to the selection of a certified SDVOSB, the CO reviews previous acquisition history executed under this authority to ensure fair opportunity is given amongst the SDVOSB arena.

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

The final contract price will be fair and reasonable by a comparison of historical pricing for similar services. Market research to compare the prices offered to prices paid during six other similar services by multiple on-site contractors, which show that the price being paid by the government is fair and reasonable for this procurement IAW FAR 13.106-3(a) and FAR 13.5.

The proposed awardee, Hawk Contracting Group, LLC, has successfully completed at least three (3) over the Simplified Acquisition Threshold (SAT) projects for the VA. The construction magnitude for the project is between he projects below have been successfully completed by Hawk C

Energy Audit Corrections

Building 7 Patient Safety Upgrades

Correct FCA Deficiencies E-Wing

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

Market Research Was Not Conducted:

To ensure opportunities are available to the broadest number of verified SDVOSB's, this authority is to be used judiciously and only when in the best interest of the Government. A VetBiz search was performed and 33 SDVOSBs were identified in the Colorado area under NAICS: 236220. An SBA Quick Market search was also performed and returned 0 results under NAICS: 236220. However, due to the time sensitivity of this project, Hawk Contracting Group, LLC was selected because of their known past performance and availability to perform at the Grand Junction City VAMC. Additionally, Hawk Contracting Group, LLC currently has another active construction project at the Grand Junction VAMC (i.e., Contract No.). Thus, they are able to mobilize and take on this project much faster compared to soliciting and competing this requirement. Hawk Contracting Group, LLC has met the eligibility criteria outlined in VAAR 819.7003, they are verified in SBA VetCert, and the action is below the $5M threshold.

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

This requirement is time sensitive as it is in response to findings of antiquated and failing Scope- Reprocessors at the Grand Junction VA Medical Center. The current Scope-Reprocessors fail constantly and are becoming unsafe for use. Ultimately, this will negatively impact the facilities ability to process endoscopes affecting patient care.

The funds to complete the site preparation for the new Scope Re-processors is special funding from the National Office for Sterile Processing and must be used in fiscal year 2023.

Hawk Contracting Group, LLC is familiar with the Grand Junction VAMC facility and staff. This project requires close coordination with the COR, A/E and support staff to ensure minimal disruption to the facility activities. Hawk Contracting Group, LLC has an excellent record of communication and coordination which will be required for the success of this project.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Hawk Contracting Group, LLC 2400 E. Main St. STE F Montrose, CO 81401

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:

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

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.

Date

Grand Junction VAMC

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

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.

Contracting Officer Branch Chief, Construction 2

7/5/23

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K):

I certify the justification meets requirements for other than full and open competition.

Chief, Division 2