AC-17 and 18 FD Access - Sole Source Award.pdf

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

Last Updated: 02/01/22 Page 1 of 2

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards IAW FAR 13.106-1 For

Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)

Acquisition Plan Action ID:_ 36C250-24-AP-3022

1. Contracting Activity:

Department of Veterans Affairs, VISN 10, Louis Stokes Cleveland VAMC, will enter into a contract that requires the procurement of A/E services which requires justification for other than full and open competition.

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:

The existing Kaczmar Architects Inc. Design IDIQ contract has no additional capacity to make modifications. This Single Source Award (SSA) is requesting design services to be provided by Kaczmar Architects Inc. to facilitate needed changes to the contract documents. These changes are for the Provide Accessibility for AC 17 & 18 Fire Dampers design drawing and specification modifications. These design drawing and specification modifications will supplement and replace current drawings and specifications. These modified drawings and specifications will be used for pricing and construction for the Provide Accessibility for AC 17 & 18 Fire Dampers project by bidders.

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

Kaczmar Architects Inc. is the current designer of record for the Provide Accessibility for AC 17 & 18 Fire Dampers project and therefore carries the professional liability for the project and its subcontracted design teams. If another design firm were to be engaged to perform drawing modifications for Kaczmar Architects Inc. current design, Kaczmar Architects Inc. would not carry the professional liability for the new design as well as any unforeseen ramifications pertaining to that change. The new design firm would not carry the professional liability for the Provide Accessibility for AC 17 & 18 Fire Dampers project as a whole and wouldn’t be responsible for issues pertaining to items other than their change to the drawings, and would not be responsible for how their change affects the remainder of the project, seen or unforeseen. This ambiguity as to who carries the professional liability is an extreme risk to the government and needs to be avoided.

Having the designer of record for the Provide Accessibility for AC 17 & 18 Fire Dampers project perform the drawing modification eliminates this high risk, and that firm would carry the liability for the entire project.

https://www.acquisition.gov/?q=/browse/far/13

VHAPG Part 813.106 Simplified Acquisition Procedures: Soliciting from a Single Source Attachment 1: Single Source Justification for SAP under the SAT

Last Updated: 02/01/22 Page 2 of 2

4. Description of market research conducted and results or statement why it was not conducted:

Market research was conducted under the original Provide Accessibility for AC 17 & 18 Fire Dampers contract. The modification to Provide Accessibility for AC 17 & 18 Fire Dampers design documents needs to be made by Kaczmar Architects Inc. VetCert queried NAICS 541310 with 613 SD/VOSB results. Market research conducted via A/E Design IDIQ contract. Provide Accessobility for AC 17 & 18 Fire Dampers design modifications must be performed by Kaczmar Architects as they’re the designer of record. Firm carries professional liability for the project and its subcontracted design teams. The VA and SBA Rule of Two cannot be met. CO will award to Kaczmar Architects, Inc., a small business, IAW FAR 6.302-1, Only One Responsible Source.

5. Contracting Officer's Certification:

This ambiguity as to who carries the professional liability is an extreme risk to the Government and needs to be avoided. Having the designer of record for the Provide Accessibility for AC 17 & 18 Fire Dampers perform the drawing modification eliminates this high risk, and that firm would carry the liability for the entire project. This is a follow on to the current A/E contract for the Provide Accessibility for AC 17 & 18 Fire Dampers Project. Purchase is approved in accordance with FAR13.106-1(b). I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Shelton Beasley Date Contracting Officer