509-21-502 J_A_Redacted.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 11 Page 1 of 3 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:_36C247-21-AP-5245 ______

1. Contracting Activity: Department of Veterans Affairs, VISN 07, Network Contracting Office (NCO) 7, Charlie Norwood VAMC. 509-21-4-5507-0018.

2. Nature and/or Description of the Action Being Processed: This request is for other than full and open competition for approval of a firm fixed price construction contract. This project is to replace damaged flooring to support installation of new freezer/cooler combination for Food and Nutrition Service.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This request is for construction services in support of project 509-19-904, Replacement of the four (4) walk-in coolers and one (1) walk-in freezer. The VA requires demolition of 2,500 sq ft existing freezer flooring system to investigate the floor insulation, thermal breaks, concrete sub issues that are causing the freezer to thaw. Contract shall investigate, demolish, and replace floor system. This procurement also includes all labor and installation to install components to facilitate flooring installation. Repair is estimated to take 90 calendar days from receipt of notice to proceed. The Proposed award for approximately will be awarded to Nacci Construction Services Inc, a Service- Disabled Veteran Owned Small Business (SDVOSB).

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 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

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

VA awarded Nacci Construction Services Inc., a service contract for 509-19-904 to Remove and Replace four (4) walk-in coolers and one (1) walk-in freezer. The scope required Nacci Construction to demolish, remove old coolers and freezer; and install new coolers and freezers. During install the coolers and freezer would not cool. The contractor was required to disassemble and remove the new coolers and freezer in order to investigate the issue. During investigation, the floor was found to be inadequate for proper installation of new freezer box due lack of thermal breaks, saturated insulation, compromised concrete subfloor and several other factors. Since Nacci Construction is under contract to install the new freezer and coolers, it is in the best interest of the government for them to do floor investigation and repairs so all components can be installed per manufacturer details for proper dimensioning for infloor systems, weight load characteristics, and to limit future claims from third party vendor. Nacci Construction has working knowledge of the freezer, direct relation with freezer manufacturer, and can install all freezer and floor as a single system. Therefore, it would be cost prohibitive to have another company perform this requirement as costs and time

OFOC SOP Revision 11 Page 2 of 3 Original Date: 03/22/11 Revision 11 Date: 02/11/2021 would not be recovered through competition. Based on this information it is in the best interest of the government that a contract be awarded IAW FAR Part 6.302-1 in order to avoid duplication of costs and increase time.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: While there are other contractors in Vetbiz.gov, A determination that only one SDVOSB concern is available to meet the requirement has been made. The Contracting Officer has determined that Nacci Construction Services, Inc. is a qualified SDVOSB; and is the only source familiar enough to fulfill this requirement. Minimal to no sources would be expected to have provided a response if sources had been sought based on the unfamiliarity with the floor issues and freezer and coolers install.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Fair and reasonable cost will be based on FAR 15.404-1(b)(2)(v).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was not conducted because Nacci Construction is the only source that can perform the work. The VIP database was queried in accordance with VAAR 810.001, Market Research policy. Nacci Construction Services is listed in the VIP database along withother multiple SDVOSB concerns.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Nacci Construction has working knowledge of the freezer/coolers, direct relation with freezer/cooler manufacturer,and can install all freezer/coolers and repair flooring as a single system. They are also responsible for warranty of the systems.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: See paragraph 6 above.

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:

All requirements, including the subject requirement, are thoroughly reviewed to ensure that competition is not unnecessarily restricted. This contracting action has no other sources of competition.

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.

Dion Baptiste Date Chief of Projects Charlie Norwood VAMC

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

OFOC SOP Revision 11 Page 3 of 3 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

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.

Princess Speight Date Contracting Officer

NCO-7

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Chantel Guest Date Construction Branch Chief-East NCO-7, RPO-East