P03 PART806.3_ATCH7_FAR6_JA_OVER_SAT - DC SIGNED.pdf

Attachment 7: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 3 Revision: 02 Effective Date: 11/15/23 Acquisition ID#: 36C262-24-AP-0327

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Fire Alarm Amplifier Upgrade

Acquisition Plan Action ID: 36C262-24-AP-0327

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 22, VA Loma Linda Health Care System (VALLHCS) 11201 Benton Street Loma Linda, CA 92357, Facilities Management Service. Purchase request: 605-24-1-6076-0028

2. Nature and/or Description of the Action Being Processed: This procurement supports the Facilities Management Service of VALLHCS’s need to upgrade the fire alarm amplifier system. This new requirement will be awarded as a new firm fixed price contract. It is in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, when acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. The requirement is a new, base plus four-year firm-fixed price software maintenance agreement (SMA).

3. Description of Supplies/Services Required to Meet the Agency’s Needs: VALLHCS requires fire alarm amplifier system upgrade due to the fire alarm public address system failing volume and intermittent annunciations during testing. The upgrade will include alarm initiating devices, alarm notification appliances, control units, fire safety control devices, annunciators, power supplies, and wiring services for installation of new notifier network DAA amplifier system complete, coordinated, and ready for operation The estimated value of the acquisition is $291,199.74.

The estimated period of performance is 180 days.

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

(x) (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;

( ) (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;

VHAPG Part 806.3 OFOC Page 2 of 3

Acquisition ID#: 36C262-24-AP-0327

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Only One Responsible Source (FAR 6.302-1), and Unacceptable Delays in Fulfilling the Agency’s Requirement [FAR 6.302-1(a)(2)(ii)(B)].

Individual components and software are not proprietary in nature, however, this system has been integrated, programmed and custom tailored specifically by Apple Valley Communications, Inc. to meet VALLHCS’ needs. Apple Valley Communications, Inc. is the OEM (original equipment manufacturer), and the only source certified to maintain and service the fire alarm system. They are the owner, monitor, and programmer of the software used to operate the system, hardware, and parts. System interoperability requires engineers certified on all systems, software, and programs with system knowledge to program correctly. If the requirement is recompeted in the open-market, there would be unacceptable delays in fulfilling the agency’s requirements. This justification indicates that utilizing Apple Valley Communications, Inc. is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: IAW FAR 13.501(a)(1)(iii), Special Documentation Requirements, the Contracting Officer will make justifications required by FAR 6.305(a) publicly available within 14 days after contract award. The VA will continue to conduct market research for the fire alarm amplifier system upgrade. However, Apple Valley Communications, Inc. is the only capable firm of providing services for VALLHCS at this time.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Fair and reasonable pricing will be determined IAW FAR 13.106-3(a)(2). Pricing will be evaluated to be fair and reasonable based on comparison of the proposed price with prices found reasonable on previous purchases, a comparison with similar items in a related industry, and a comparison to the Independent Government Estimate (IGE).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research consisted of reviewing:

The Veteran Small Business Certification (VetCert) database, where 2,313 verified SDVOSB and VOSBs under NAICS 238210 were found.

The acquisition history including four FY22 and one FY23 purchase orders used to procure emergency troubleshoot and repairs, notifier network upgrade, and fire alarm reprogramming.

The system for award management (SAM.gov) database, where 18 SDVOSBs under NAICS 238210 and PSC J012 were found.

Research verified that Apple Valley Communications, Inc. is the original equipment manufacturer (OEM), and the only source certified to maintain and service the fire alarm system.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

VHAPG Part 806.3 OFOC Page 3 of 3

Acquisition ID#: 36C262-24-AP-0327

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

Apple Valley Communications, Inc.

21845 Hwy 18 Apple Valley, CA 92307 Small Business POC: Jeff Marek Phone: (760) 247-2668

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 VA will continue to conduct market research for the fire alarm amplifier system upgrade. However, Apple Valley Communications, Inc. is the only capable firm of providing services for VALLHCS at this time.

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.

_____________________________ 11/15/2023 Jonathan McWhite Date Electrical Supervisor VA Loma Linda Health Care System (VALLHCS)

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Mayte Diaz Date Services 1 Branch Chief/Contracting Officer, NCO22

b. One Level Above the Contracting Officer (Required over SAT but not exceeding

$750K): I certify the justification meets requirements for other than full and open competition.

Carlos Acosta Date Division Chief 1, NCO 22

Jonathan McWhite 562904

Digitally signed by Jonathan McWhite 562904 Date: 2023.11.15 12:40:28 -08'00'

Mayte D. Diaz 3589939 Digitally signed by Mayte D. Diaz 3589939 Date: 2023.11.17 20:24:00 -08'00'