528A8-21-812 A-E Sole Source Justification final 3.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

Effective Date: 02/01/2022

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>$150K)

Acquisition Plan Action ID: 36C242-23-AP-0570

1. Contracting Activity: Department of Veterans Affairs, VISN 2, Stratton VA Medical Center, Facilities

Management Service request to retain an engineering firm in other than full and open competition to prepare construction documents for the maintenance and repair of the Medical Center’s façade and roofing.

2. Nature and/or Description of the Action Being Processed: This action is a new firm-fixed-price contract for engineering services related to the maintenance and repair of the Medical Center’s façade and roofing.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The proposed contract is for the preparation of engineering construction documents, assistance during bidding and construction period services from Fellenzer Engineering, LLP (a SDVOB qualified firm) for the maintenance and repair of the Medical Center’s façade and roofs. The period of performance is 90 days for Design and 3 years for Construction Period Services.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S.

Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000. 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 or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The authority of FAR 6.302-5 and VAAR 819.7008 allows sole source awards to SDVOSB/VOSB based on 38 U.S.C. 8127(c). Fellenzer Engineering, LLP was the successful offeror to provide engineering services related to the preparation of a building-wide condition survey for the Medical Center in 2016. This was a SDVOB set aside and Fellenzer qualifies as a SDVOSB. The survey was to be the basis for the preparation of construction drawings at a later date. Thus, Fellenzer was tasked with not only determining what defects needed to be corrected, but with determining specific quantities and general means to correct each of the deficiencies. The survey was completed in early 2017.

Later in 2017, funding became available to have the defects corrected for a portion of the Medical Center. Fellenzer already had the base drawing prepared as well as a majority of the instructive narrative, so a justification for other than full and open competition was prepared and subsequently approved to have Fellenzer prepare the construction documents. The basis of the justification was that Fellenzer already had the information needed to prepare the documents and that there would be a significant duplication of effort (as well as a significant delay) for another engineering firm to prepare documents based on Fellenzer’s survey.

Funding may now be available to repair another portion of the remaining Medical Center’s roofs and façade that were not covered in previous phases. Fellenzer has prepared construction drawings, specifications and details for phases 1 and 2. The additional effort to prepare construction documents for this part of the building is relatively small compared to having a different firm prepare them under full and open competiton. It is expected that this will result in a significant cost savings to the Veterans Administration as well as a saving of time. The scope of work includes assistance during the bidding process, responses to questions prior to bid acceptance and construction period services.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by subpart

5.2 and, if not, which exception under 5.202 applies: Based upon the estimates generated, VA Engineering believe that while other architect-engineer entities could perform this work, none could perform it as quickly or as efficiently as the original design firm. Overlapping design considerations would also present challenges should multiple designers be involved with this project. VA will continue to seek competition and open opportunities for our architect-engineer projects.

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

Reasonable: Cost will be evaluated and subsequently deemed fair and reasonable prior to contract award. Historical pricing information on existing contracts for similar items and services will be utilized. Negotiations regarding the fee proposal submitted for the project will be fully evaluated and negotiated as necessary. The contracting officer will establish a fair and reasonable price for contract award.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research and a full solicitation process was conducted to award the initial design contract, where FELLENZER ENGINEERING LLP was determined to be the highest technically rated design firm for the Façade repair. While additional market search conducted via VIP search shows capable SDVOSB firms are available, FELLENZER ENGINEERING LLP meets the eligibility criteria outlined in VAAR 819.7003, is verified in VIP, and the action is below the $5M threshold to proceed with this SDVOSB sole source action based on the information included within this determination, and the decision made by the contracting officer.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: No other facts beyond what has been stated. This action follows the authority allowed under 38 USC 8127(c).

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Fellenzer has expressed interest in the work. No others have indicated interest.

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: Future design services that are independent of past work, will be solicited using competitive procedures listed in the FAR 36.6.

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.

_____________________________ 12 December 2022 Greg Mapstone Date Healthcare Engineer Stratton Albany 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.

Nicholas Winne Date Contracting Officer, NCO2

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

Edward J. Kostolansky Date

Supervisory Contrating Officer