610-23-515 Replace Roofs Buildings 32 33 34- OTFOC Sole Source Revised (002).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 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

Acquisition Plan Action ID: 36C250-23-AP-1634

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 = 610-22-2- 6901-0009

2. Nature and/or Description of the Action Being Processed: The proposed action is for a Brand Name “Peel and Seal” sole source procurement as a component for the “610-23-515 Replace Roofs Buildings 32, 33 & 34” project at the VA Medical Center in Marion, IN.

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

Healthcare System (Marion Campus) serves over 44,000 veterans, annually. Due to the age of the buildings on the campus, on-going repairs are required to ensure the facilities can continue providing the necessary care to veterans. Based on the age of the facilities covered under this project, it is imperative the roofing issues are addressed in a manner sufficient enough to prevent internal damage from occurring due to water intrusion. The Peel & Seal® product has consistently been used by VA facilities to ensure adequate protection is provided to roofing systems, which is essential for ensuring hospital operations are not threatened by water infiltration. The Northern IN

VA Healthcare System requires services of a contractor to provide the installation of the Peel & Seal® product on the roofs of select facilities on the Marion Campus. The estimated price of the Peel &

Seal® product is $23,182.88.

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

(X) (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;

( ) (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): Past performance of gutter sealants has overwhelmingly demonstrated that Peel & Seal® is the one product that outperforms all others. Due to the necessity of leak-proof roofing in healthcare facilities, this product is required to ensure on-going hospital operations are not negatively impacted by leaks in the facility’s aging

OFOC SOP Revision 11 Page 2 of 3

Revision 11 Date: 02/11/2021 roofs. Accordingly, based on past experience at the Northern IN VA Healthcare System (Marion Campus) by the Government’s technical experts, Peel & Seal® is the only product capable of providing the level of dependability required for a hospital.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Based on the information contained in item 5 above, there are no additional products that are capable of providing the type of protection offered by the Peel & Seal® product.

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

Reasonable: An estimate of the cost of equipment and services provided in support of this project was received, and the pricing is consistent with similar contracts for services and equipment for other past contracts at the Northern IN VA Healthcare System. Submittals for all equipment provided under this contract, as well as design reviews of system configurations will be performed by VA Engineering technical experts and site audits will be performed to ensure that all technical performance metrics are delivered as stated in the contract.

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 has determined a price of $24.38/LF is the current average for this product, whereas a previously completed project to replace roof and seal gutters in 2015 cost was $2.42/LF. One primary reason for the variance in pricing is that there were significantly less vendors providing the product. Over the past seven years, several vendors have added this product to their inventory, increasing the number of sources for obtaining it.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The purpose of project “610-23-515 Replace Roofs Buildings 32, 33 & 34” is to prevent water leaking into the building. Peel & Seal® as manufactured by MFM Building Products Corp. has proven over the years to be the most effective product to provide this.

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

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:

Continuous market research and future product reviews will be conducted in an effort to determine whether or not a better product exists that can fulfill the VA’s needs for a more reasonable price. As of now, no such product is available.

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.

Zachary McDaniel Date Chief, Engineering Services VANIHCS Marion, IN

OFOC SOP Revision 11 Page 3 of 3

Revision 11 Date: 02/11/2021

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.

Luke Turner Date Contracting Officer, NCO 10 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx