36C26118C0037-P00004001.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C261-19-AP-6548

1. Contracting Activity: Department of Veterans Affairs, VISN 21, Palo Alto Health Care System, NCO

21, Funding document, 640-19-4-5281-0063.

2. Nature and/or Description of the Action Being Approved: This contract action supports a modification that has been determined to be out-of-scope. Contract to be modified is 36C26118C0037, a firm-fixed-priced construction contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This out-of-scope modification will provide for purchase and installation of 2 Belimo valve actuator assemblies. These new actuators are not compatible with the existing valves, and it was further discovered the aged existing valves internal components were not functioning properly. The original scope-of-work called only for installation of valve actuators, not new valves. To complete repairs, water lines that feed the valves will be frozen at both the supply and return valve points. After sufficient period of time, inoperable valves will be removed and replaced with new Belimo valves. Modification IGE is $47,158.32

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 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

( X ) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business;

or ( ) 819.7008 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): The authority to sole-source to Panacea Group, LLC is based on 38 U.S.C 8127(c). Furthermore, I affirm they have been determined to be a responsible source with respect to performance and have been verified in Vendor Information Pages (VIP) as a certified SDVOSB firm eligible for this out-of-scope modification. Current SAM report also validates Panacea Group, LLC as a small business under awarded NAICS code 238220, Plumbing, Heating, and Air-Conditioning Contractors.

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: This action will be publicized as required by FAR 5.2. This modification is to fulfill an immediate need for the installation of out-of-scope valve replacements to support the overall completion of the chiller project. Currently, Panacea Group, LLC is actively engaged with this project, and has provided complete procedures to complete installation. Their relationships with VA Staff, and on-site experience will allow them to complete this work on or about 04 October 2019.

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%205_2.html#wp1107980 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%205_2.html#wp1107990

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

Reasonable: The Independent Government Estimate, as provided by the project COR has been well defined with engineering support and technical expertise. RS Means was used as a baseline to further aid in determining price reasonableness. Furthermore, Panacea Group, LLC has been fair and reasonable on previous modifications.

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

Market Research Was Not Conducted: Market research was not conducted as this is an out-of-scope modification for an existing contract.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: No other supporting facts. The authority for this contract action is authorized under 38 USC 8127(c).

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

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 to remove or overcome barriers to this out-of-scope modification. This is a single contract action to effectively complete an existing contract and deliver to the VA a fully functioning chiller water system.

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.

Tamanh Duong Date Supervisory Engineer Palo Alto Health Care System

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.

Dennis Becker Date Construction I Branch Chief Network Contracting Office 21 https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx