610-22-532 Repair Sink Holes EMERGENCY - OTFOC Sole Source.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Request for Sole Source Justification

OFOC SOP Revision 11 Page 1 of 4 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

Acquisition Plan Action ID: 36C250-22-AP-4478

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Northern Indiana Healthcare System (VANICHS), 1700 E. 38th Street, Marion, IN. Network Contracting Office (NCO) 10.

PR: 610-22-3-6902-0079.

2. Nature and/or Description of the Action Being Processed: The proposed action is for an EMERGENCY sole source contract for “610-22-532 Repair Sink Holes” at the VA Medical Center in Marion, IN. A Firm Fixed Price contract is anticipated to be negotiated, the contractor will start the project with a NTE of $850,000.

During the spring of 2022, sink holes appeared in multiple locations on the Marion VAMC campus.

Two locations in the grass field South of Chapman Ave. 12 feet below grade contain clay tile storm sewer pipes that are collapsing. Two additional locations on Short Street were discovered to be 50+ years old are leaking high-pressure steam, and an abandoned ric-wil has been washing out and collapsing the steam tunnel located under Short Street, which is next to and under the exterior wall of building 79 (Prosthetics). Investigation of confined space within the steam tunnel found that all the active steam pipes, ric-wil, mounting brackets and areas of the tunnel structure are long past their useful life cycle and are badly deteriorating. This steam pipe supplies steam to buildings 41, (Transportation), 47 (Theater), 49 (Library), 51, 52 & 53 (Engineering), and 79 (Prosthetics/Logistics).

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Contractor will provide all labor, equipment, materials, and supervision necessary to Repair Sink Holes. This will include asbestos abatement, removal of abandoned steam lines below grade, removal and repair of asphalt, curbs, sidewalks and landscaping, removal and repair of steam tunnel, replacement of high-pressure steam pipes, mounting supports and expansion joints, insulation of steam pipes, replacement of lighting in steam tunnel and all testing of newly installed high pressure steam pipes. This work also includes the repairs on two storm sewer sink holes located south of Chapman Ave. This work will be classified as confined space and all entries will require confined space certifications and competent rescue.

Work is to be completed within 365 calendar days from notice to proceed. The actual pipeline repair is anticipated to take 120 days, but the follow-up work is what will require additional time. The required asphault and seeding work can only be completed after the necessary repairs are made to the steam pipeline, and based on the anticipated completion of the pipeline repairs in the colder months, the additional work can only be completed in March/April due to temperature and weather requirements. A 365 calendar day delivery date allows ample time for all necessary work to be completed.

OFOC SOP Revision 11 Page 2 of 4

Revision 11 Date: 02/11/2021

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;

(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): The time involved in bidding and awarding the project would delay the completion of the work needed now and impact safety and operations on the Marion VA facility. Engineering has obtained photos of the affected underground steam line that shows steam leaking from the existing pipe. This must be fixed immediately, as the ground and road material above the steam line is being weakened by the leaking steam and beginning to sink. If the dirt and road do collapse before the steam line can be repaired, steam for a large portion of the Marion VA Campus will be shut off. This would also cause hot water to become unavailable for the affected buildings, as well as threaten the structural integrity of one building that partially sits above the steam line. This is an emergency requirement due to the health and safety of employees, patients, and visitors at the Marion Campus. This work is critical to be completed now to ensure the Medical Center is fully operational. “JAB General Contractors, LLC.” was the vendor who was immediately contacted and investigated the steam tunnel upon discovery of the sinking road and provided the pictures of the area. JAB General Contractors, LLC has provided repair services of this type at this facility in the past and are thoroughly familiar with the piping system that must be replaced. JAB General Contractors, LLC also has personnel who are trained and certified to work in confined spaces, which is a requirement due to the nature of this project. JAB General Contractors, LLC is prepared to provide immediate service.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to time constraints, the only potential sources considered were SDVOSB businesses in the immediate area having the capacity to begin work immediately. If a repair like this comes up in the future, and it’s not an EMERGENCY, we will post the solicitation to allow competition.

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

Reasonable: The Contracting Officer will ensure through the use of price analysis techniques, such as comparison against the independent Government estimate and other price analysis techniques identified in FAR 15.404-1(b), that the price will be fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market Research was conducted and will be included in the project file. Although there are numerous companies available that can provide the requested services, this project is being solicited directly to JAB General Contractors, LLC due to the emergency nature of this requirement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The contractor selected is a local SDVOSB contractor that can be on-site immediately and provide the materials, OFOC SOP Revision 11 Page 3 of 4

Revision 11 Date: 02/11/2021 labor, and equipment needed to complete the job. The time to utilize open competition would increase the risk of safety threats and the overall safety of all personnel in the immediate working area.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: JAB General Contractors, LLC. (SDVOSB), 1605 N. 300 W. Marion, IN 46952.

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:

This repair will prevent the need for additional future repairs of this steam line, as well as the road above it. More frequent investigations of the steam tunnels will be scheduled and conducted to ensure conditions don’t reach this point before the necessary attention is provided to correct the issues associated with steam leaks. When these issues are caught early on, there is significantly less urgency on having the work completed, which would allow ample time for bids to be solicited from multiple vendors and obtain adequate 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.

Matthew Soto Date Assistant Chief, Engineering (Acting) VANIHCS Marion, IN

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.

Julie A. Stout Date Contracting Officer Network Contract Office (NCO) 10

VHAINDStoutJ Typewritten Text 7/8/2022

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Revision 11 Date: 02/11/2021

Concurrences and Approvals:

____________________________ Date:____________

Scottie Paramoure

Division Chief, Construction & Leasing

Concur_____ Non-concur_____

_______________________________ Date:______________

Marie L. Smith

Director of Contracting

________________________________ Date:_______________

Terry L. Spitzmiller

Executive Director

VHA Regional Procurement Office Central (VHA)

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07/08/2022

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