36E77619C0031-001.pdf

VHAPM Part 819.7007/7008 Page 1 of 4 Original Date: 08/30/2017

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36E776-19-AP-0056

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, single award, Firm-Fixed-Price (FFP) contract for an

Architectural-Engineering (A-E) firm to provide Bidding Period Services (BPS) and Construction

Period Services (CPS) in support of the for Construct New Laboratory Addition Minor Construction project at the Sioux Falls VA Medical Center (VAMC).

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

This original design project was to provide the drawings and specifications for the addition to a new space for a laboratory. The space determined for this new addition will be located on the roof of the

1984 addition of building 5. It will fill the space between the newly added Specialty Medicine clinic and the current coffee shop and covers approximately 14,000 square feet. Construction will include an interstitial/mechanical space which holds the same footprint as the laboratory space above it.

The design is currently completed and the construction procurement will be solicited soon.

The original design contract did not include bidding period services or construction period services, which are both critical items for a project of this magnitude. A description of the scope of work requirements for both items is provided below.

The A-E shall provide bid period services during the construction solicitation phase. Services to be performed under BPS are to include:

1. A site visit during the Pre-Bid meeting and project walk around.

2. Answer any requests for information/clarification (RFI) from contractors after the site visit and before the date the bids are due.

3. Provide any final revisions to the Construction Set as part of the construction contract, if applicable.

The A-E shall provide construction period services during the entire construction period (construction contract’s period of performance) in which this project is being built. Services to be performed under CPS are to include:

1. Shop Drawing review.

2. Answering contractor RFIs.

3. Provide change order documents, cost estimates, contractor proposal evaluations, and recommendations.

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4. Construction observation site visits.

5. Generation of a final punchlist.

6. Record drawing assembly and delivery.

7. O&M manuals review.

8. A red-lined set of construction drawings may be kept on site during construction, by the general contractor. This red-lined set of drawings is to be used at the end of the construction period for the A-E to develop the final set of record drawings from.

The period of performance for the bidding period services and construction period services is anticipated to be 550 calendar days from issuance of the Notice of Award of this contract. The anticipated award date is April 2019. The estimated cost of the BPS and CPS is $291,530.00.

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

For this action, 38 U.S.C. 8127(c), known as the Veterans First Contracting Program, provides the authority to directly contract with an SDVOSB or a VOSB. Check the specific VAAR clause used below:

(X) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified veteran-owned small business

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 Anderson Engineering of MN, LLC (Anderson

Engineering), located at 13605 1ST Avenue Suite 100, Minneapolis, MN 55441; a registered and verified SDVOSB by VA Center for Verification and Evaluation (CVE). Anderson Engineering is technically qualified for this project as they have been awarded numerous VA design projects in

VISN 23, including an Indefinite-Delivery/Indefinite Quantity (IDIQ) Contract in VISN 23 and they were the designer of record for the design of the Construct New Laboratory Addition Minor project at the Sioux Falls VAMC. A review of the Past Performance Information Retrieval System (PPIRS) has

VHAPM Part 819.7007/7008 Page 3 of 4 confirmed Anderson Engineering’s successful past performance on VA design projects. The VA’s technical experts have determined that Anderson Engineering is the most qualified to perform the required services for this project, as they are the designer of record for the project and are considered a responsible SDVOSB. Award will be made provided that a fair and reasonable price that offers best value to the Government can be obtained.

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 Anderson

Engineering is a qualified, responsible SDVOSB.

A special notice announcing the proposed contract action will be posted to www.fbo.gov, the government’s point of entry. The Justification and Approval (J&A) document will be posted within

14 days after award in accordance with FAR Subpart 6.305. The award synopsis will be posted to

FEDBIZOPPs in accordance with FAR Subpart 5.301(a)(1).

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 Anderson Engineering 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 and previous projects performed by Anderson

Engineering within VISN 23. 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 include contacting knowledgeable individuals in Government regarding market capabilities to meet requirements, issuing a Notice of Intent to Sole Source on www.fbo.gov and querying the Vendor

Information Pages (VIP) at https://www.vip.vetbiz.gov.

Through the aforementioned efforts, several firms were identified that were potentially able to perform the required services. Anderson Engineering is a verified SDVOSB and is fully capable of performing this project.

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 Anderson Engineering. Anderson

Engineering is a Service-Disabled Veteran-Owned Small Business (SDVOSB) that has completed the design portion of the Construct New Laboratory Addition Minor project at the Sioux Falls VAMC and has a successful past performance history on various projects within VISN 23. A sole source award to

Anderson Engineering is in the government’s best interest to successfully complete this design project.

http://www.fbo.gov/ http://www.fbo.gov/ https://www.vip.vetbiz.gov/

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

The following A-E firms expressed interested in this project:

a. Anderson Engineering of Minnesota, LLC.

b. Stone Group Architects

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 Sioux Falls VAMC and VHA PCAC will solicit future design projects through existing A-E IDIQ contracts in VISN 23 or will compete the project on the open market using the procedures established in FAR Subpart 36.6 for A-E procurements.

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.

DANIEL JAMES Date General Engineer Sioux Falls 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.

DONALD A. MARSH III Date Contracting Officer Program Contracting Activity Central

b. One Level Above the CO: I certify the justification meets requirements for other than full and open competition.

JOHN YALLECH JR. Date Supervisory Contracting Officer

Program Contracting Activity Central

3/15/2019 http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx