P03_JA_OVER_SAT_36C26224P0567_Signed COR CO DC.pdf

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C262-24-AP-1886

1. Contracting Activity: Department of Veterans Affairs, VISN 22, (600) VA Long Beach Health Care

System (VALBHCS)

2. Nature and/or Description of the Action Being Processed: The Long Beach VAHCS (LBVAHCS) has an emergency requirement for a commercial appliance technician to repair, replace, and furnish temporary commercial freezers. Two (2) freezers require repair and replacement of the air filtration and refrigeration equipment. The requirement will result in a new firm-fixed-price contract, 36C26224P0567, in the amount of $270,799.00.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Two (2) freezers require repair and replacement of the air filtration and refrigeration equipment. Temporary freezer equipment will be provided to correct the existing air gaps and installation of the units that will maintain a constant 8 to 10 degree Fahrenheit temperature. The repair and replacement will correct the existing freezer box construction issues and replace the existing refrigeration system with more standard and reliable equipment. The period of performance is 12/27/2023-2/29/2024.

This emergency procurement is valued at $270,799.00.

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

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

(X) (2) Unusual and Compelling Urgency ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services ( ) (4) International Agreement ( ) (5) Authorized or Required by Statute ( ) (6) National Security ( ) (7) Public Interest

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 VA Long Beach Health Care System has an urgent and immediate need for a contractor to furnish freezer repair and replacement. Mission Aire Corporation is a qualified heating, ventilation, air conditioning, and refrigeration (HVACR) contractor that can guarantee continuity of service to the hospital’s commercial freezers in providing daily meals to patients.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Soliciting competition for this effort was deemed highly impractical. The procurement is of such unusual and compelling urgency that providing for full and open competition could result in an interruption of food services and the loss of millions of dollars of food. It is in the best interest of the Government to not delay an award that has an important impact on patient care.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Research in FPDS indicates that VA facilities across the country are paying similar amounts for commercial freezer repair and replacement services. An initial search by NAICS 238220 drilled down by Agency, VHA, resulted in 21,431 contract actions. An additional search by NAICS 811412 drilled down by Agency, VHA, resulted in 959 contract actions. Of these results, the following three contracts were pulled:

• 36C24224N0034/36C24221D0002 | Americon, Inc. | Commercial Appliance PMI | $229,760.00 | 10/1/2023

• 36C24822P0024 | Trans Global Solutions LLC | Commercial Appliance Repair | $187,026.95 | 12/12/2023

• 36C26123P0297 | MTL Controlled Systems Inc. | Commercial Appliance PMI | $298,050.00 | 12/5/2023

As shown in the listing above, comparable contracts were included from the past 6 months. The comparable FPDS summaries are included in the contract file and tagged S19. Mission Aire’s quote of $270,799.00 falls within the price range for similar services. Based on this research, Mission Aire’s quote is determined to be fair and reasonable and the most advantageous to the government.

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

Market Research Was Not Conducted: VALBHCS mission partner knowledge yielded a list of one (1) contractor potentially capable of performing in accordance with the requirements: Mission Aire Corporation. The contractor is listed in Vet Cert as an SDVOSB. As previously mentioned, market research and posting a solicitation would delay an already urgent request that could have a direct impact on veteran care.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: This is an urgent and compelling requirement, and as discussed above, services to repair and replace the freezers needed to be immediately performed to prevent a disruption in patient care.

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

Mission Aire Corporation 420 W. Lambert Rd. Ste J Brea, CA 92823

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 need for HVACR services for commercial freezer repair and replacement are few and far between thus not requiring a long-term contract. Based on this, no actions are planned to remove or overcome barriers.

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.

Sergio Cacho, Program Analyst / VALBHCS

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.

William T. Cook, Contracting Officer

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.

Michael Cordeiro, Division Chief https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx