Attachment III - JA RSMeans.pdf

Request for Sole Source Justification Format

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 03 Effective Date: 04/15/24 Acquisition ID No. 36C250-25-AP-0031

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C250-25-AP-0031

1. Contracting Activity:

Network Contracting Office (NCO) 10 260 East University Avenue Second Floor, Suite 100 Cincinnati, Ohio 45219-2637

Cincinnati VA Medical Center 3200 Vine Street Cincinnati, Ohio 45220-2637

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

The Cincinnati Veterans Affairs Medical Center (VAMC) needs expedited procurement capabilities to provide simplified non-complex, general construction services for the lower dollar value construction projects, maintenance, alterations, and repair of buildings, structures, or other real property projects. This request involves the competition, evaluation, and award of a follow-on Job Order Contract (JOC) to replace the one that expired September 2024. A Firm-Fixed-Price Indefinite-Delivery/Indefinite-Quantity (ID/IQ) Contract is expected to be awarded as a result of this procurement action.

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

Under the contract vehicle described above, there must be a basis for the cost of a project to be proposed, evaluated, negotiated and determined to be fair and reasonable. A construction cost estimating software would achieve this goal. The total cost of this acquisition is capped at $30,000,000.00 over five years. The estimated cost of the proposed construction cost estimating software during that period is $22,500.00.

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

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Acquisition ID No. 36C250-25-AP-0031

( ) (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):

This justification request that RSMeans cost estimating software be assigned a brand-name description for this acquisition, under the cited authority. This was the case under the JOC that expired in 2024 we are replacing, which was competed and awarded in 2019. The use of a single software for this will place all interested and capable vendors on an equal playing field concerning price. This description is essential to the Government’s requirement.

The Source Selection Plan (SSP) and evaluation criteria in the solicitation clearly outline that “when combined, technical and past performance are more important than price.” Allowing for brand-name or equal products would open the government up to accepting hundreds of cost estimating software systems that we don’t have expertise to evaluate. Additionally, it would allow the possibility that a contractor purposes the use of a software that estimates materials and labor above average market rates, gets through evaluation and is selected based on technical and past performance. Once the contract was awarded, it would lead to spending more than fair market prices on each task order or rendering the contract unusable because fair and reasonable pricing cannot be determined.

For the above reasons, the government has determined the use of a brand-name description for the cost estimating software used is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

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

Market Research for the project overall is outlined in the paragraph eight below. Concerning the estimating software this J&A covers, MR concluded that there are hundreds of like software’s on the market. Some focus on general construction and other appear to specialize in MEP or residential projects for example. For reasons outlined in paragraph five above, the Government has determined that the use of a brand-name description for that software is still essential to the Government’s requirement and precludes “or equal” products. This brand-name description will not hinder the competition pool for the set-aside as all interested and capable vendors will be able to procure the cited estimating software.

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

The CO has determined that fair and reasonable pricing will be achieved through adequate price competition.

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Acquisition ID No. 36C250-25-AP-0031

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 from April through May 2024. The SBA Veteran Small Business Certification (Vet Cert) was searched using NAICS code 236220. This resulted in 3,328 SDVOSB and VOSB vendors. The SBA Small Business Dynamic Search Engine was also searched with the same criteria, within the state (Indiana), and it resulted in 266 companies. Of those companies, a quick review showed that both systems identified at least four companies within the state. Additionally, all the current JOC contracts in place were both competed and awarded to SDVOSB companies. There has been no change to the industry, marketplace or to the competition pool that suggest that determination has changed.

As a result, it is determined that the VA rule of two does apply to this acquisition. The CO intends to issue a solicitation, as a 100% set-aside for SDVOSB socio-economic concerns.

The BAA applies to this acquisition. The acquisition is exempt from the TAA, as it is set-aside for small business concerns.

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

In addition to paragraph five (5) above, the VA already has an enterprise-wide license for the use of RSMean’s cost estimating software. Allowing for other data sets to be used would be an unneeded and wasteful duplication of cost.

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

As of today’s date, no contractor has expressed, in writing, an interest in the acquisition. That does not mean that no companies are interested. These requirements always being out more competition than we ever see on a project-by-project basis.

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 the overall requirement, there is not barrier to competition.

For the brand-name description, there is nothing that can be done at this time. The market has produced so many different estimating software’s for construction it would be impossible to evaluate them as truly an equal product.

VHAPG Part 806.3 OFOC Page 4 of 4 Revision: 03 Effective Date: 04/15/24 Acquisition ID No. 36C250-25-AP-0031

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.

Date

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.

Luke Turner Date Contracting Officer

NCO 10

CONNER Digitally signed by CONNER

APPELGATE

Date: 2025.03.18 17:41:32 APPELGATE_____________________________-04'00'

Conner Applegate

Cincinnati VAMC

3/18/2025

LUKE TURNER Digitally signed by LUKE TURNER Date: 2025.03.24 09:16:29 -04'00'