608-23-137 Asbestos SSJ.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Sole Source Justification Format >SAT

Effective Date: 02/01/22 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:___ VHA1-608-2018-33840________________________________________

1. Contracting Activity: Department of Veterans Affairs, VISN 1, Manchester VA Medical Center, Station 608

Contracting to be performed by Casey Pridham, Construction Team 1, Regional Procurement Office East Network Contracting Office 1 (New England).

2237: TBD (because it is NRM funded, a 2237 will be generated once the final negotiated bid is received)

Nature and/or Description of the Action Being Processed:

Manchester VAMC suffered a catastrophic flood. Most of floor 2 and all of 3 and 4 have been vacated to facilitate repair efforts. Flood remediation has been completed, but repairs have yet to begin. This contract will serve to abate all asbestos from areas that have been vacated due to flooding. Repairs cannot begin in the affected areas until the asbestos is properly and adequately abated from the areas.

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

This project is to abate the asbestos in all areas vacated due to flooding. See SOW for more details specific locations/items to be abated. Total estimated PoP is be 10 weeks.

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;

(X) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

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

Effective Date: 02/01/22 Page 2 of 3

(2) Unusual and Compelling Urgency (FAR 6.302-2, 6.303-2(a)(9)(ii)) This J&A shall be permitted by item (2), above, due to the unpredictable nature of the emergency leak and the urgent need to repair affected areas. Two and a half floors of people and services are currently and indefinitely relocated, which impacts a good portion of the veteran medical appointments in our facility. Several disciplines, such as dental, are currently unable to provide for the same number of veteran appointments and will continue to be unable as long as they are displaced.

The abatement contractor, Insurcomm, currently holds the BPA for emergency response at Manchester VAMC and is already familiar with the affected areas. Insurcomm provided the flood remediation services, and because of this, is already stood up and mobilized to perform additional abatement and remediation services. Insurcomm’s site superintendent (Glenn Pafford) became intimately knowledgeable with Manchester’s facility and personnel, as well as with the extent of the flood damage, and did an incredible job leading flood remediation effort. He will be the designated site superintendent for the asbestos abatement contract as well.

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

No efforts have been made to ensure that offers are solicited from as many potential sources as deemed practicable, nor will any efforts be made to do so, as the urgent need to acquire asbestos abatement services nullify the need to ensure offers are solicited from as many potential sources as possible. Delays in acquiring these services could result in further damage to the facility and will only lengthen the impacts on veteran care.

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

To determine fair and reasonableness of the anticipated cost to the Government, the contracting officer will utilize the Independent Government Cost Estimate (IGCE) prepared by the COR and historical pricing of similar contracts that were found fair and reasonable. Similar projects include 36C24123N0169 and 36C24122N0547.

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

Because of the urgent nature of this requirement, no market research was conducted. Without the work that will be performed under this subsequent contract, repairs to the facility in response to the flood that occurred can not commence, thereby delaying any efforts to provide veterans with the necessary care and services they require.

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

All facts supporting the use of other than full and open competition have been provided above.

Effective Date: 02/01/22 Page 3 of 3

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

No sources 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 is an Asbestos Abatement IDIQ being worked and is expected to be awarded in the

4th QTR of FY 2023. This IDIQ will allow for maximum competition in an expedited manner to accomplish the needs of the station.

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.

Name: Bryan Franklin Briggs Title: Contract Officer’s Representative Facility:

Manchester VAMC 608

Date

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.

Name: Casey Pridham Title: Contracting Officer NCO 1

Date

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.

Name: Brenda Bigelow Branch Chief, Construction Branch 1

NCO 1

Date