36C26320C0053-013.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 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:36C263-20-AP-0886

1. Contracting Activity: Department of Veterans Affairs, NCO 23, 316 Robert Street North, Saint Paul, MN 55101, for the Minneapolis VA Medical Center (VAMC), One Veterans Drive, Minneapolis, MN 55417.

PR #618-20-1-6977-0010

2. Nature and/or Description of the Action Being Processed: A Long Term Care Institute audit found that thermostatic water devices to prevent personnel and Veterans, from being exposed to water temperatures greater than 110 degrees Fahrenheit in the Minneapolis VAMC in wards 1D, 1C, 1E, 1F, 1K, and public restrooms were missing. This will be a new firm-fixed-price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This requirement is to address and remedy findings during a recent Long Term Care Institute Inspection review at the Minneapolis VAMC. Thermostatic water deivces devices are require to prevent personnel and Veterans, from being scalded by hot water that can reach temperatures greater than 110 degrees.

Approximatly 144 mixing values and 162 temperature limiting faucets will be installed in key areas.

The total estimated value is $350,000.00 with an eight week period of performance from 12-10-19 through 2-9-20.

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

41 USC §3304(a)(2), as implemented by FAR 6.302-2, Unusual and Compelling Urgency

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Preferred Electric, Inc. is a SDVOSB contractor currently on-site at the Minneapolis VAHCS. Preferred Electric has the ability, and the resources necessary, to complete the installation, connection, commissioning and training. Due to time sensitivity, and being a current SDVOSB on-site, procurement lead times are significantly reduced which allows the facility to complete this project by the compliance deadline. If the compliance deadline is not met the Minneapolis VAHCS risks critical care programs being shut down.

It is also highly urgent as to prevent scalding in public restrooms and patient wards.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A search was conducted on the Vetbiz Registry for NAICS 238220 with 764 matches found, filtered by State=MN resulted in 9 businesses. Independent research was also conducted. A market research response from Preferred Electric, Inc. stating they are interested and capable, including pricing information was received. Preferred Electric is a VIP verified SDVOSB. A search on FPDS found Preferred Electric has done emergency work for the Veterans Affairs in the past, it is recommended to proceed with Preferred Electric, Inc. as a sole source for this emergency need. Competing this requirement would have resulted in unacceptable delays to patient safety and visitor safety.

OFOC SOP Revision 08 Page 2 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated costs for these repairs shall be determined fair and reasonable in comparison to a detailed IGCE that was completed shortly after this issue was discovered.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: A search was conducted on the Vetbiz Registry for NAICS 238220 with 764 matches found, filtered by State=MN resulted in 9 businesses. VIP filter of Water Devices narrowed it to 9. Preferred Electric is the only SDVOSB contractor that can execute the prevention of scalding hot water in high risk locations in an expeditious manner at the Minneapolis VAMC and meet the compliance and corrective action deadline.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Due to this highly time sensitive requirement to implement the thermatic water devices in the Minneapolis VAMC, this is being sole sourced to preclude adverse impact on Veteran and visitor safety.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: This action is an only one responsible souce need so only one vendor was. Preferred Electric is a SDVOSB contractor that has knowledge of the building and has the extensive knowledge of this project that no other firm has at this time do to the highly urgent nature of this requirement. No other sources were contacted or provided a written interest in this 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 does and will continue to provide for competition with all new construction requirements.

OFOC SOP Revision 08 Page 3 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

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.

Robert Malecha Date Projects Section Chief Minneapolis, VAMC

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.

Shea Colby Date Branch Chief, NCO 23

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

Scott Petrin Date Division Chief, NCO 23

ROBERT C.

MALECHA 1582825

Digitally signed by ROBERT

C. MALECHA 1582825

Date: 2019.12.05 15:27:55 -06'00'

SHEA A. COLBY

414330

Digitally signed by SHEA A.

COLBY 414330

Date: 2019.12.06 07:12:17 -06'00'