36C26320C0112-002.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 08 Original Date: 03/22/11 Revision 08 Date: 04/18/2018 (Retrieved from VHAPM, 02282020)

DBDEPARTMENT OF VETERANS

AFFAIRS

Justification and Approval (J&A) for Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C263-20-AP-2112

1. Contracting Activity:

Department of Veterans Affairs, VISN 23, Minneapolis VA Health Care System Network Contracting Office 23, Construction Team 1, St Paul, Minnesota 2237 Number: 618-20-2-6977-0026

2. Nature and/or Description of the Action Being Processed:

This is an emergent sole source construction procurement.

The type of contract will be firm fixed price.

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

This emergent new project will provide construction services to prepare the 3G Medical Intensive Care Unit (MICU) AHU (air handling unit) 45 and 3E AHU 22 at the Minneapolis VA Health Care System (MVHCS) for COVID-19 (Coronavirus).

This work is to convert 3E AHU 22 and 3G/MICU AHU 45 to negative air pressure, which is an isolation technique used by hospitals to prevent cross-contamination from room to room. The technique includes ventilation that generates negative pressure to allow air to flow into the isolation room but not escape from the room, as air will naturally flow from areas with higher pressure to areas with lower pressure, thereby preventing contaminated air from escaping the room.

MICU will be the first location to be used in the case of a COVID-19 epidemic.

Estimate Value: $529,216.40 Estimated Period of Performance: 45 calendar days

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

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

(X) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

The work of the Contractor will be expedited through the project. The contractor and VA shall work in tandem to complete this project as efficiently as possible. Specific requirements:

• 3G/MICU (Air Handling Unit/AHU 45) modification shall take precedence over 3E (AHU 22) modification, as MICU will be the first location to be used in the case of a COVID-19 epidemic.

MICU will be worked two shifts to expedite the work. 3E can be worked one shift once MICU is complete.

OFOC SOP Revision 08 Original Date: 03/22/11 Revision 08 Date: 04/18/2018 (Retrieved from VHAPM, 02282020)

• Modify AHU 45 which serves multiple floors (basement, 2nd, 3rd, and 4th), which includes 3G, MICU, per project Scope of Work.

• Modify AHU 22 which serves 3E and 3C, per project Scope of Work.

The Contractor will be Metropolitan Mechanical Contractors (MMC), 7450 Flying Cloud Drive, Eden Prairie, Minnesota, Duns# 041779240, and has extensive recent experience working on MVHCS’s critical mechanical systems, including Upgrade Air Handler Units Phase 2 (replacement of Surgery Department AHUs, Gut and Rebuild Emergency Department AHU) and Steam Expansion Joint Replacement (created a redundant boiler connection to back feed hospital to minimize disruption while steam valves were being replace). These previous projects represent the most critical and difficult projects this VA hospital has performed since original construction (late 1980’s) and the projects were completed on time, were high quality and had zero injuries.

These previous projects demonstrate MMC's knowledge and experience with VA Minneapolis' AHUs and their technical requirements as they directly relate to this emergency work.

If this procurement is not awarded via sole source to MMC due to the urgency and compelling nature of COVID-19, MVHCS would not be able to entirely protect our most vulnerable Veteran inpatients, who are in MICU. If the 3E AHU and 3G/MICU AHU are not converted to negative air pressure, COVID-19 could easily spread to others not infected. According to news reports, COVID-19 may be detrimental for those who are elderly, have diabetes, and have respiratory malfunctions; all of whom are the types of Veteran patients seen at MVHCS.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

In accordance with FAR 5.202(a)(2), this action will not be synopsized and/or solicited because Veteran Patients and the Government would be seriously injured if Contracting took the time and complied with the solicitation time period specified in FAR 5.203(d), which is a 30-day response time. The Government does not have time to properly solicit this construction project when COVID-19 is spreading globally at record speed and could soon reach an epidemic.

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

The Contracting Officer shall determine the estimated cost for this emergent new procurement will be fair and reasonable because the CO will thoroughly review, compare, and analyze the IGE, the Contractor’s proposal, and the COR’s technical evaluation of the proposal.

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

Market Research was performed via VIP for all those registered under NAICS 238220, Plumbing, Heating, and Air-Conditioning Contractors, which produced 258 contractors (both VOSB and SDVOSB) in Minnesota. MMC is not registered in VIP because they are a Large Business. A Fed Data Check report was pulled for MMC and includes contractor responsibility assessment and FAR Report from SAM, which both show MMC to be a responsible contractor whose SAM registration expires 8/12/2020.

By going directly to MMC with this urgent and compelling procurement, the VA is potentially saving money by not hiring a SDVOSB contractor, so they can turn around and hire a mechanical sub-contractor, along with charging VA the normal profit and/or overhead fees the SDVOSB contractors are allowed.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

MMC possesses the ability to fabricate hard-to-obtain duct work and filter houses locally, which could greatly reduce lead time. Even though MMC is a large business, their headquarters is in Eden Prairie, MN, with shop locations in Woodbury, MN, and Minneapolis, MN, and both locations are approximately 20 minutes away from the MVHCS. Since MMC is located near MVHCS, the travel time between their shop and work site will not take long.

OFOC SOP Revision 08 Original Date: 03/22/11 Revision 08 Date: 04/18/2018 (Retrieved from VHAPM, 02282020)

-06'00'

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

None

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 plans at this time for future acquisitions of this nature.

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.

Steven G. Digitally signed by Steven G. Challeen 215760

Challeen 215760 Date: 2020.03.04 13:04:46

Name: Steve Challeen Title: Chief, Engineering Facility: Minneapolis VA Health Care System (618)

OFOC SOP Revision 08 Original Date: 03/22/11 Revision 08 Date: 04/18/2018 (Retrieved from VHAPM, 02282020)

Gauthier 369110

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.

Christine J Gauthier Digitally signed by Christine J

369110 Date: 2020.03.04 13:22:58 -06'00'

Name: Chris Gauthier Title: Contracting Officer Facility: NCO 23

b. One Level Above the Contracting Officer (Required over SAT/$250K but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

SHEA A. COLBY

414330

Digitally signed by SHEA A.

COLBY 414330

Date: 2020.03.12 09:51:02 -05'00' 3/12/2020

Name: Shea Colby Date:

Title: Branch Chief Facility: NCO 23 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx