P03- 635 Emergency Boiler Renta_JA Redacted_Redacted.pdf

Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 3 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C259-25-AP-0552

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C259-25-AP-0552 JA Tracking Number:

1. Contracting Activity: Department of Veterans Affairs, VISN 19, Oklahoma City VA

Medical Center.

2. Nature and/or Description of the Action Being Processed: The VA Oklahoma City Medical Center requires a contractor to lease, provide all labor, materials, equipment, and services as necessary to furnish, deliver, place, level, set up, inspect, test, and ensure operational capability of temporary boiler and boiler safety devices. This is a new contract identified as an emergency. This is an immediate need to avoid full hospital evacuation because of lack of heat provided by a boiler system.

3. : This is an emergency rental that requires a contractot to provide [1] each 800 HP, 30 ppm NOx, mobile boiler units (primary fuel: natural gas; secondary fuel: fuel oil). Each mobile boiler unit shall be fully functional and include the following at a minimum sized to the boiler capacity.

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

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

(X) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5.

Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Under FAR 13.106-1(b), this requirement is being solicited through one source. Johnson Controls, Inc. has working knowledge of the facility and is a large business that can mobilize quickly to address the urgent requirement. The boiler required is specific to the needs of the

Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 2 of 3 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C259-25-AP-0552

Oklahoma City VAMC and the operations of the boiler are necessary for the continued use of the facility during the winter months.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to the emergent nature of this requirement, only one source was utilized. Johnson Controls Inc., has demonstrated the ability to mobilize quickly and provide the neccerary boiler for immediate use. Market Research determined there is limited supply of temporary boilers with the required capacity and salient characteristics. No small business was able to provide the needed boiler to fulfil the emergenct need of the facility.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: This requirement is priced by Johnson Controls Inc. using the same pricing structure as under their GSA contract which has been determined to be fair and reasonable.

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

Reasons Market Research Was Not Conducted: Under the applicable North American Industry Classification System (NAICS) of 532490, A VetCert search yielded 118 nationwide contractors who can potentially perform the work. Additionally, a search using the SBA Small Business Dynamic search within Oklahoma, Texas, Arkansas, and Kansas resulted in 35 SDVOSBs, registered to work under NAICS code 532490.

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

Despite these qualified potential SDVOSBs, this construction project is an emergency and requires immediate availability. The boiler and boiler systems required are unique in nature and can be provided immediately by Johnson Controls, Inc, a large business.

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

Controls, Inc., a large business holds GSA contract # GS-07F-190CA and provided a quote to complete the acquisition with matching pricing.

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: No actions are planned as this is an emergency request to fullfil a one-time seasonal requirement.

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.