-15014.docx

Attachment 1

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For Other Than Full and Open Competition

Acquisition Plan Action ID: VA701-17-AP-0160

1. Contracting Activity:

The contracting activity for this requirement is the Department of Veterans Affairs, Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC).

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

This justification is in support of a new, Firm-Fixed-Price (FFP) contract for commercial electrical planning and electrician services to support the activation of the Manhattan campus of the New York Harbor Healthcare System (NYHHS).

FAR 13.5 Simplified Procedures for Certain Commercial Items: This procurement is being conducted in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where 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.

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

The Manhattan campus of the New York Harbor Healthcare System was damaged during Hurricane Sandy and is currently undergoing major reconstruction. The construction requires multiple coordinated outages related to electrical work.

The Contractor shall perform research and analysis of the electrical outage while minimizing the impact to an Active Patient care facility (i.e. Hospital), comply with the facility’s requirements, and within a predetermined and agreed upon time frame in order to create an executable action for the station (i.e. a successful outage). Performance Work Statement (PWS) tasks include the following:

(a) Survey and Investigatory Activities;

(b) Planning and Coordination Activities;

(c) Activity Support and Execution;

(d) Post shutdown/outage and follow up.

These electrician services will be provided during the construction/reactivation of the Manhattan campus post Hurricane Sandy closure, which is expected to last thru December, 2020. The base period of performance is December, 2018, with one-year option periods for 2019, and 2020.

The current estimated cost of this requirement is [DELETED].

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

The authority for applying the Simplified Procedures for Certain Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2). For this action, 38 U.S.C. 8127(c), known as the Veterans First Contracting Program, provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) concern as implemented by VAAR 819.7007.

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):

38 U.S.C. 8127(c) states, in part, “…a contracting officer at the Department may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if -

(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 (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) but will not exceed $5,000,000; and

(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.”

The implementing regulations at VAAR 819.7007 (b) & (c) [DEVIATION] state in part:

(b) “The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer...”

(c) “A determination that only one SDVOSB can meet the requirement is not required…”

The proposed source for this acquisition is Romem Aqua Systems Company, Inc (dba RASco, Inc.) of 1635-2 Woodside Dr., Woodbridge, VA, 22191; a registered and verified SDVOSB by VA Center for Verification and Evaluation (CVE). It is anticipated that RASco, Inc possesses the necessary personnel, requisite knowledge, and technical expertise, or the ability to obtain them, to provide the services required. RASco, Inc. has previously provided engineering type services for the Department of Veterans Affairs; was recently awarded an Indefinite Delivery/Indefinite Quantity (IDIQ) contract with Veterans Integrated Service Network (VISN) 5 for Multi-Disciplinary engineering services; and has a satisfactory performance record. In light of the above, the Government has determined that RASco, Inc. is capable of meeting all of the Government’s technical requirements.

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

In accordance with the Class Deviation from the VAAR 819.7007(b), Sole Source Awards to Service-Disabled Veteran-Owned Small Business Concerns, the Contracting Officer’s determination whether to make a sole source award is a business decision. For the reasons stated herein, and specifically, in response to Paragraph 5, the undersigned Contracting Officer, has determined that RASco, Inc. is a qualified, responsible SDVOSB.

The proposed contract action was synopsized to the Government Point of Entry (GPE) pursuant to FAR Section 5.201. The resulting sole source justification document will be posted within 14 days after award in accordance with FAR Subpart 6.305. Finally, the award synopsis will be posted in accordance with FAR Subpart 5.301(a)(2).

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

Based on the authorities cited in this justification, a sole source award under the Veterans Benefits Act of 2006 to RASco, Inc. is proposed pending negotiation of a fair and reasonable price for the work to be performed. It is expected negotiations will result in a price which compares favorably to the independent government estimate. The Contracting Officer may need to conduct additional analysis before making a fair and reasonable price determination.

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

Market research techniques used to identify potential sources for this requirement included:

(1) Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements;

(2) Querying the Vendor Information Pages (VIP) at https://www.vip.vetbiz.gov;

(3) Publishing a sources sought notice to www.fbo.gov; and

(4) Querying the Small Business Administration’s (SBAs) Dynamic Small Business Search (DSBS) tool.

Through the aforementioned efforts, a number of potential sources were identified; however, (as outlined above) RASco, Inc is capable of meeting all of the Government’s technical requirements.

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

It is recommended that a sole source award be made to RASco, Inc. RASco, Inc. is an SDVOSB that is successfully performing engineering type services for the Department of Veterans Affairs.

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

Currently, there are no plans for any type of follow-on acquisition as the purpose of this contract is to support the major construction efforts referenced above. It is anticipated that these services will not be required once the major construction efforts are completed.

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.

Project Engineer NYHHCS - New York Campus

13. Approvals:

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

Contracting Officer Program Contracting Activity Central