Attachment 1 - Justification and Approval_619-25-907_COSigned.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C247-26-AP-0788

1. Contracting Activity:

Department of Veterans Affairs, Network Contracting Office (NCO) 7, Central Alabama Veterans Health Care System (CAVHCS) located at 215 Perry Hill, Montgomery AL 36109. This information is for 2237 number 619-26-1-5303-0004.

2. Nature and/or Description of the Action Being Approved:

This proposed contract is new and not directly related to other work in process. It will be a Firm Fixed Price construction contract to repair sewage piping.

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

A break in the sewer water line necessitates immediate repair, as it has compromised the functionality of the facility’s restroom amenities. This sewer line is critical for maintaining sanitary standards and ensuring operational continuity within the premises. The contractor will be required dig up broken pipe and replace enough of the section of pipe that is necessary and/or fitting that is causing the back up of sewage and to avoid future backups. The estimated value is $103,920.70. The estimated POP is 6 weeks (42 days) after issuance of Notice to Proceed (NTP).

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 RFO 6.103-1.

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by RFO 6.103-2.

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by RFO 6.103-3.

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by RFO 6.103-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by RFO

6.103-5.

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by RFO 6.103-6.

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by RFO 6.103-7.

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 Montgomery campus is currently experiencing a critical infrastructure failure characterized by a break of a sewer water line, necessitating immediate intervention to prevent further system degradation. The compromised sewer pipeline has resulted in service disruption within Building 4’s sanitation infrastructure, impairing essential restroom facilities. This pipeline functions as a vital component of the campus’s sanitary waste management system, integral to maintaining environmental health and operational continuity. The failure introduces significant health and safety risks, including sewage backflow, environmental contamination, and interruption of critical clinical and administrative functions reliant on uninterrupted sanitation services.

Given the urgency and potential for escalation, expedited repair operations are essential to mitigate the risk of pathogen proliferation, ensure compliance with environmental health standards, and restore safe operational conditions. Delay in addressing the failure could result in progressive structural deterioration of the piping network, leading to systemic failure for Building 4. Prompt resolution is needed as authorized under RFO 6.103-2, Unusual and Compelling Urgency. Engagement of a highly qualified, experienced contractor with operational familiarity and technical expertise specific to the facility’s infrastructure is required. Coburn Contractors LLC, a Service-Disabled Veteran Owned Small Business (SDVOSB), has demonstrated a robust performance record, possesses relevant technical expertise, and is immediately available to commence remedial actions. Their established familiarity with the campus’s infrastructure and operational environment positions them as the optimal contractor for rapid deployment.

Considering these factors, the Government has determined that a Sole Source procurement with Coburn Contractors LLC aligns with mission-critical objectives, ensuring expedited response, minimizing operational downtime, and effectively mitigating health and safety risks associated with the sewer infrastructure failure.

Additionally, Sole Source contracts to capable SDVOSB contractors are authorized by RFO 6.103-5, Authorized or required by statute. The applicable statute which allows Sole Source contracts to SDVOSBs is found under VAAR 918-7008, Soule Source Awards to Verified Service- Disabled Veteran-Owned Small Businesses.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as possible (including whether a notice was or will be publicized as required by RFO Part 5 and, if not, which exception under RFO Part 5 applies):

Due to the urgent need of this acquisition, it is deemed unreasonable to solicit from more than one offeror, which is (as stated above) permitted by RFO 6.103-2. RFO 6.103-5 also allows for Sole Source contracts to be awarded as authorized by applicable statutes, which includes VAAR 819.7008, Sole Source Awards to Verified Service-Disabled Veteran-Owned Small Businesses.

For both of these reasons (i.e., the authority granted by RFO 6.103-2 and also RFO 6.103-5 supplemented by VAAR 819.7008) the Government may Sole Source to an SDVOSB such as Coburn Contractors LLC as opposed to using standard solicitation procedures.

Given the authorities mentioned above, Presolicitation and Solicitation notices are exempt from the posting requirements in RFO Part 5 under the authority of RFO 5.101(b)(2) and RFO 5.201(b)(1).

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-5

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

The Government will use the Independent Government Cost Estimate (IGCE) to determine if the price provided by the offeror is fair and reasonable in accordance with (IAW) RFO 15.404-1(b)(5), Comparison of proposed prices with independent Government cost estimates. Other price analysis methods listed under FAR 15.404-1(b) may be used as well.

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 utilizing the Small Business Administration’s (SBA) Small Business Search tool to identify eligible vendors. The analysis revealed multiple Service- Disabled Veteran-Owned Small Business (SDVOSB) entities within the Alabama region, all certified under NAICS code 237110. These vendors may have the capacity and willingness to submit proposals for a comparable requirement, contingent upon the absence of time constraints. Given the accelerated procurement schedule, outreach was limited to Coburn, as previously detailed. The final contractual documentation will incorporate applicable Buy American and Trade Agreement clauses to ensure compliance.

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

None.

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

Coburn Contractors LLC (SDVOSB).

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:

For future acquisitions, the Contracting Officer (CO) can enter into negotiations with different SDVOSB contractors to ensure the appearance of partiality is not shown to one particular SDVOSB contractor over another.

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.

Contracting Officer’s Representative (COR) CAVHCS Engineering

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer

NCO 7

https://dvagov.sharepoint.com/sites/vhapromanual/SitePages/VHAPM-Part-806.3.aspx