P03- JOFOC - Direct Award - 36C259-23-AP-5238 - signed -_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C259-23-AP-5238

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, Ft. Harrison Veteran Affairs Medical Center (VAMC), 3687 Veterans Drive. Ft. Harrison, MT 59636. This is an NRM project and 2237 will be provided once funds on station.

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

This is a request for a new, direct award, firm fixed price contract to a Service-Disabled Veteran Owned Small Businesses (SDVOSB). The proposed awardee, Copper Creek, LLC. (SAMs UEID# HEB5JDZGDMK1) is verified in SAMs and as a SDVOSB through CVE/SBA.

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

The Ft. Harrison VA Medical Center has a need for construction services for the repair and installation of medical gases in five Emergency Department Exam Rooms. The contractor will complete the installation as per Statement of Work (SOW), specifications, and drawing. 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) 100-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 direct award 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 Copper Creek, LLC is in the best interest of the Government. Copper Creek, LLC has been determined to be a responsible contractor with respect to performance; Copper Creek, LLC (HEB5JDZGDMK1) is

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.

Jason Thomas Date

Chief, Division 2

Jason Thomas 991057

Digitally signed by Jason Thomas 991057 Date: 2023.11.15 05:09:08 -07'00' 11/15/23