36C26224N0606.pdf

Justification and Approval Notice

*= Required Field Justification and Approval Notice

SUBJECT* GLA Wet Utilities Assessment

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 90815

SOLICITATION NUMBER*

DELIVERY/TASK ORDER NUMBER 36C26224N0606

BASE NOTICE TYPE

ARCHIVE 5 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

PRODUCT SERVICE CODE* C1NZ

NAICS CODE* 541330

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Network Contracting Office 22

4811 Airport Plaza Drive

Suite 600

Long Beach CA 90815

POINT OF CONTACT*

Maria Cruz-Thompson maria.cruz-thompson@va.gov

AWARD INFORMATION

STATUTORY AUTHORITY* FAR 6.302-5 - Authorized or required by statute

AWARD NUMBER* 36C25819D0046

MODIFICATION NUMBER

AWARD AMOUNT*

LINE ITEM NUMBER

AWARD DATE (MM-DD-YYYY)* 05-15-2024

Justification and Approval Notice

AWARDEE NAME*

CONTRACTOR’S UEI

NPD ASSOCIATES, INC

VMLCDR95UG77

AWARDEE ADDRESS LINE 1*

AWARDEE ADDRESS LINE 2*

AWARDEE ADDRESS LINE 3* 4275 Executive SQ STE 200

AWARDEE ADDRESS LINE 4*

AWARDEE CITY La Jolla

AWARDEE STATE CA

AWARDEE ZIP CODE 92037

ADDITIONAL INFORMATION

AGENCY’S URL

URL DESCRIPTION

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION maria.cruz-thompson@va.gov

Attachment 1: Request for Exception to Fair Opportunity Memo

Effective Date: 03/15/2023 Revision: 02

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C262-23-AP-4899

1. Contracting Activity: Department of Veterans Affairs (VA), VISN 22, Network Contracting Office

(NCO) 22 located at 4811 Airport Plaza Drive, Suite 600, Long Beach, CA 90815 received a new requirement from VA Greater Los Angeles Healthcare System (VAGLAHS) located at 11301 Wilshire Boulevard, Los Angeles, CA 90073. VA2237 funding document for this action is 691-23-3-5220-0137.

2. Description of Action: Network Contracting Office 22 is proposing a new sole source Task Order Award against the Indefinite Delivery Indefinite Quantity (IDIQ) Contract# 36C25819D0046. The proposed action is for A/E services to include utilities verification and capacity assessment for new construction of future buildings at VA Sepulveda Campus.

3. Description of Supplies or Services: The proposed action is to compile information on Sepulveda Campus for utilities verification and capacity assessment for new construction of future buildings.

This action is to support the Enhances-Use Leases (EUL) of Real Property and the West Los Angeles Leasing Act of 2016 (Public Law 114-226) collectively the EUL Authority. The EUL Authority permits the VA to enter into long-term leases of certain property under its jurisdiction and control.

This is a priority project for the implementation of the West Los Angeles HCS 2016 Master Plan to provide housing for homeless Veterans to combat unhoused Veterans in Los Angeles, CA

The tasks require locating, surveying, and mapping all existing onsite utilities. The result of this study will then be compiled to generate a Civil Engineering drawing to delineate all underground dry and wet utilities for all buildings within the VA Sepulveda campus area. The total estimated value of the proposed action is .

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i):

( ) FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

( ) FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( ) FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the

Effective Date: 03/15/2023 Revision: 02 contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

(X) FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source.

The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C.

8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB).

5. Rationale Supporting Use of Authority Cited Above: The Contracting Officer has determined to award this contract to a verified SDVOSB concern using procedures other than competitive procedures against VISN 22 A-E, Multiple Award IDIQ Contract. This procurement method is a business decision wholly within the discretion of the contracting officer. The statutory authority 38 U.S.C. 8127(c), provides the authority to directly contract with a SDVOSB.

It is essential that design (Mapping + Survey) services begin immediately to meet the Enhance-Use Leases of Real Property (EUL Statue) and the West Los Angeles Leasing Act of 2016 (Public Law 114-

226) schedule for physical verification and mapping of all on-site utilities.

NPD Associates, Inc. is determined to be a responsible firm with respect to performance of such contract. NPD Associates, Inc., has intimate knowledge of the VA Sepulveda Campus located at 1611 Plummer St, North Hills, CA having completed design of similar size and scale.

Onsite assessment will study utility conditions; upgrade existing utilities; prepare buildings; and areas of the Sepulveda Campus for future housing construction for unhoused Veterans. The anticipated award price of the contract will not exceed $2 million. In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. This statutory authority 38 U.S.C. 812(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 5.301 and 16.505(b)(2), this action will be synopsized at award in www.SAM.gov and the justification will be made publicly available.

7. Actions to Increase Competition: Priority project funding has become available for the implementation of the VA Greater Los Angeles Healthcare System 2016 Master Plan to perform utilities verification and capacity assessment for future new buildings on the Sepulveda campus to serve and provide shelters to unhoused Veterans in the Los Angeles area. The Government will

Effective Date: 03/15/2023 Revision: 02 continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

8. Market Research: VISN 22 has an A-E IDIQ contract for Architectural-Engineering Design Services with a total of 23 verified SDVOSB IDIQ contract holders under NAICs code 541310 that are capable to perform design services for this requirement. However, to meet the EUL Authority’s numerous improvement mandates, the Contracting Officer determined the best option is to issue a sole source task order award to NPD Associates Inc. NPD Associates Inc. has intimate knowledge of the facility having completed design services of similar size and scale. Additionally, the A/E contractor has the resource capacity to provide the design services in the exceptionally short time period required for this project.

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

Based on the procedures authorized in VAAR 819.7008 above, the contracting officer has determined to make a sole source Task Order award to NPD Associates Inc. The vendor has met the eligibility criteria outlined in VAAR 819.7003, they are verified in VetCert, and the action is below the $5M threshold.

9. Other Facts: None. The statutory authority 38 U.S.C 8127(c), provides the authority to directly contract with a SDVOSB.

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Date

Chelsea M. Black Acting Chief , Strategic, Facility, and Master Planning

VAGLAHS

3/21/2024CHELSEA BLACK

Digitally signed by CHELSEA

BLACK

Date: 2024.03.21 12:03:27 -07'00'

Effective Date: 03/15/2023 Revision: 02

11. Determination that Anticipated Cost is Fair and Reasonable:

The CO anticipates the cost will be considered fair and reasonable based on a comparison to the Independent Government Estimate. Negotiations shall be conducted as necessary to obtain the best value to the government.

12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Maria Cruz-Thompson Date Contracting Officer Network Contracting Office 22

Director of Contracting Acknowledgment

Sabrina J. Smith Date Director of Contracting Network Contracting Office 22

13. Approvals in accordance with VHAPG Part 816.505 Indefinite Delivery Contracts: Ordering.

HIGHER LEVEL APPROVAL (Required for orders over $750,000):

a. VHA Advocate for Competition/Head of Contracting Activity (HCA) REVIEW AND APPROVAL (over $750,000 to $15 million): 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.

Curtis M. Jordan Date Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA)

03/21/2024

4/5/2024

MARIA CRUZ-

THOMPSON

Digitally signed by MARIA

CRUZ-THOMPSON

Date: 2024.03.21 12:19:56 -07'00'

SABRINA

SMITH

Digitally signed by SABRINA

SMITH

Date: 2024.03.22 15:20:51 -07'00'

CURTIS JORDAN

Digitally signed by CURTIS

JORDAN

Date: 2024.04.04 21:37:33 -06'00'