JA (redacted).pdf

DAYTON NATIONAL CEMETERY CONSTRUCTION MANAGEMENT/OBSERVATION

SERVICES

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JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency/Contracting Activity:

Department of Veterans Affairs (VA), National Cemetery Administration (NCA)

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

Professional commercial services to manage/observe a construction project at the Dayton National Cemetery.

Name of Proposed Contractor(s): L.C. Fluharty Construction Street Address: 18320 Lanken Avenue City, State, Zip: Cleveland, OH 44119 Phone: 216-417-2000

3. Description of Supplies/Services Required to Meet the Agency’s Need (including estimated value):

The total estimated value of the proposed action is

This requirement is a non-personal services contract in which the Offeror shall provide a project manager to observe/monitor, document, and provide consulting services to the NCA regarding a construction project at Dayton National Cemetery that includes the construction and renovation of a public information center (PIC)/administration building, maintenance building, new cortege lanes, road repairs, parking lots, storage yard paving, and a new committal shelter.

The period of performance for this service is anticipated to be 570 calendar days

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

FAR 6.302-5: Authorized or required by statute, 41 U.S.C. 3304(a)(5).

VAAR 819.7001 General. (Deviation):

38 U.S.C. 8127 (b), (c), and (d), and provides the authority for VA contracting officers to make awards to certified SDVOSBs/VOSBs using restricted competition, as well as other than full and open competition (sole source), as set-forth in this subpart. Additionally, 38 U.S.C. 8128 provides the authority for VA to give certified SDVOSBs/VOSBs priority in the awarding of contracts and subcontracts using evaluation preferences.

VAAR 819.7008 Sole Source Awards to verified SDVOSBs. (Deviation):

(a) A contracting officer may award a contract to a certified service-disabled veteran-owned small business (SDVOSB) listed in the SBA certification database using other than competitive procedures provided—

(1) The anticipated award price of the contract (including options) will not exceed $5 million;

(2) The requirement is synopsized and the required justification pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR part 5;

(3) The SDVOSB has been determined to be a responsible contractor with respect to performance;

and

(4) 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.

DAYTON NATIONAL CEMETERY CONSTRUCTION MANAGEMENT/OBSERVATION

SERVICES

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(b) The contracting officer's determination to make a sole source award is a business decision wholly within the discretion of the contracting officer. To ensure that opportunities are available to the broadest number of SDVOSBs, this authority is to be used only when in the best interest of the Government.

(c) A determination that only one SDVOSB can meet the requirement is not required. However, in accordance with FAR 6.302-5(c)(2)(ii), contracts awarded using this authority shall be supported by a written justification and approval described in FAR 6.303 and 6.304, as applicable.

(d) When conducting a SDVOSB sole source acquisition, the contracting officer shall ensure the business meets eligibility requirements in 819.7003.

(e) A procurement requirement estimated to exceed the legislative threshold of $5 million shall not be split or subdivided to permit the use of this SDVOSB sole source authority.

VAAR 806.302-570 Noncompetitive procedures for certified Veteran-owned small businesses. (DEVIATION):

(a) Sole source awards made to a certified SDVOSB or certified VOSB. Full and open competition need not be provided for when awarding a sole source contract under paragraph (b) or (c) of this section, to a certified SDVOSB or certified VOSB in accordance with 819.7008 or 819.7009, respectively, as authorized.

Contracts awarded using the authority in this paragraph (a) shall be supported by the applicable justification and approval requirements of FAR 6.302-5(c)(2)(ii), 6.303, and 6.304.

(b) Sole source awards below the simplified acquisition threshold. (Citation: 41 U.S.C. 3304(a)(5), as authorized by 38 U.S.C. 8127(b)). A contracting officer may award a contract under the authority in this paragraph (b) to a certified SDVOSB or certified VOSB if no SDVOSBs can fulfill the need, for an amount less than the simplified acquisition threshold, using procedures other than full and open competition. (38 U.S.C. 8127)

(c) Sole source awards above the simplified acquisition threshold. (Citation: 41 U.S.C. 3304(a)(5), as authorized by 38 U.S.C. 8127(c)). A contracting officer may award a contract to a certified SDVOSB or certified VOSB if no SDVOSB can satisfy the need, using procedures other than full and open competition when—

(1) Such concern is determined to be a responsible source with respect to performance of such contract opportunity;

(2) The anticipated award price of the contract (including options) will exceed the simplified acquisition threshold, but will not exceed $5 million; and

(3) Contract award can be made at a fair and reasonable price that offers best value to the United States. (38 U.S.C. 8127)

5. Reasons the nature of the acquisition requires use of the authority cited:

The construction contract to be managed/observed through these commercial services is complex and will be completed over a 570-calendar day period of performance that consists of five phases. It can be reasonably contemplated that there will be work suspensions and delays due to weather and unforeseen site conditions. Additionally, testing during certain phases must be managed/observed through the performance of this contract but specific dates/times cannot be predicted when considering the delays. Due to the complexity, contemplated delays, and unknown quantity of site visits that will be required to manage sufficiently, it is difficult for a construction management firm to provide a firm-fixed price quote/offer that is not inflated to account for significant risks without substantial discussions. A sole source award allows the Government to enter into an in-depth discussion with one construction management firm and develop a management strategy that best meets the Governments requirements and reduces performance risks that will result in a proposal that is fair and reasonable and in the best interest of the Government. This is a business decision wholly within the discretion of the contracting officer authorized by statute and regulated through VAAR 819.7008.