P03 JOFOC Redacted_Redacted.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 01 Effective Date: 01/01/2023

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C262-23-AP-2166

1. Contracting Activity: Department of Veterans Affairs (VA), VISN 22, Network Contracting Office 22, located at 4811 Airport Plaza Drive Suite 600, Long Beach, CA 90815. The Acquisition Plan Number for this action is 36C262-23-AP-2166.

2. Nature and/or Description of the Action Being Approved: The proposed sole source award is a new contract for a firm-fixed-price construction effort to provide Electronic Health Record Modernization (EHRM) infrastructure upgrades at the Sepulveda Ambulatory Care Center (SACC) VA Campus.

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

Administration Greater Los Angeles (VHAGLA) Engineering Division is responsible for implementing EHRM across multiple VA facilities in the Los Angeles region. The Cerner Training areas at the SACC VA campus require design build renovations to improve room conditions, configurations, and layouts. The EHRM requirement is located across Buildings 20 and 23 at the SACC campus. New and existing assembly rooms will be configured and furnished as computer lab classrooms for presentations and educational purposes. This work is necessary to modernize training rooms and equip users with industry standard hardware for future presentation and seminar functions.

the period of performance (POP) is 365 calendar days.

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). Contracting Officers 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): The Contracting Officer’s (CO) determination to make a sole source award is a business decision wholly within the discretion of the CO. The statutory authority 38 U.S.C. 8127(c), provides the authority to directly contract with a Service-Disabled Veteran Owned Small Business (SDVOSB). A determination that only one (1) SDVOSB can meet the requirement is not required. Talion Construction, Inc. is an eligible SDVOSB concern in accordance with VAAR 819.7003 and a responsible source with respect to performance. Talion Construction, Inc. previously completed construction projects of similar size, scope, and complexity. Furthermore, Talion Construction, Inc. has the necessary resources to execute the construction requirement. A sole source award to Talion Construction, Inc. is in the best interest of the Government as they possess the required skills and expertise to fulfill the

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

Effective Date: 01/01/2023 requirement within the EHRM implementation timeline. In the estimation of the CO, the contract award can be made at a fair and reasonable price that offers best value to the Government.

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 FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies: Market research was conducted and the details of which are in the market research section of this document. The statutory authority, 38 U.S.C. 8127(c), provides the authority to directly contract with a SDVOSB. To ensure that opportunities are available to the broadest number of verified SDVOSBs, this authority will be used judiciously and only when in the best interest of the Government. In accordance with FAR 5.2 and FAR 6.305(a), a notice of the justification shall be made publicly available within 14 days of award.

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

Reasonable: The method used to determine price reasonableness is a comparison of the Independent Government Cost Estimate (IGCE) to the proposed cost.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: For this procurement, market research was conducted on 18 April 2023 using two (2) Government databases, the Federal Procurement Data System (FPDS) and Veteran Small Business Certification (VetCert). FPDS is a government data site that contains previous government awards. VetCert is a database of Service-Disabled Veteran Owned Small Business (SDVOSB) and Veteran Owned Small Businesses (VOSB) whose socio-economic status has been verified by the Small Business Administration (SBA). A query search of VetCert identified 2,614 Veteran owned small businesses under NAICS 236220. Talion Construction, Inc. is listed as a verified

SDVOSB.

The statutory authority 38 U.S.C. 8127(c), provides the authority to directly contract with a SDVOSB.

COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 Sole source awards to a verified service-disabled Veteran-owned small business.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. The statutory authority 38 U.S.C. 8127(c), provides the authority to directly contract with a SDVOSB.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Talion Construction, Inc., SAM UEI HHRZNKJMJYF7, expressed interest in the acquisition.

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: The Government will continue to strategically plan future projects that may arise that would enable future actions to be competed under the circumstances.

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.

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3

Effective Date: 01/01/2023

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.

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.

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.