Attachment JA - Lake Nona CPS Sole Source 8-2-22_Redacted.pdf

VHAPM Part 819.7007/7008 Page 1 of 4 Original Date: 08/30/2017

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (<SAT)

Acquisition Plan Action ID: 36C776-22-AP-3951

1. Contracting Activity:

The contracting activity for this requirement is the Department of Veterans Affairs, Veterans Health Administration (VHA) Program Contracting Activity Central (PCAC).

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

This justification is in support of a new, single award, Firm-Fixed-Price (FFP) contract for an Architectural-Engineering (A-E) firm to provide Construction Period Services (CPS) in support of the for Construct New Emergency Department Expansion Minor Construction project at the Lake Nona Orlando VA Healthcare System (LN-OVAHCS).

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

This original design project was to provide the drawings and specifications for the expansion of the Emergency Department. The work to complete Project 675-901 to Expand Emergency Department at LN-OVAHCS includes general construction, alterations required for civil, structural, fire suppression, plumbing, mechanical, electrical work and certain other items as described in the specifications and drawings. The design is completed and the construction procurement was awarded on July 14, 2022.

The original design task order did not execute the option for construction period services, that are critical for a project of this magnitude.

The A-E shall provide construction period services during the entire construction period (construction contract’s period of performance) in which this project is being built.

The period of performance for construction period services is anticipated to be 270 calendar days from issuance of the Notice of Award of this contract. The anticipated award date is Mid-August 2022. The estimated cost of the CPS is

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

For this action, 38 U.S.C. 8127(c), known as the Veterans First Contracting Program, provides the authority to directly contract with an SDVOSB or a VOSB. Check the specific VAAR clause used below:

(X) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified veteran-owned small business

5. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

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38 U.S.C. 8127(c) states, in part, “…a contracting officer at the Department may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if -

(1) Such concern is determined to be a responsible source with respect to performance of such contract opportunity;

(2) The anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) but will not exceed $5,000,000; and

(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.

The implementing regulations at VAAR 819.7007 (b) & (c) [DEVIATION] state in part:

(b) “The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer...”

(c) “A determination that only one SDVOSB can meet the requirement is not required…”

The proposed source for this acquisition is RDC/John Poe Architects (RDC), located at 524 Fernwood Drive, Altamonte Springs, FL., 32701; a registered and verified SDVOSB by VA Center for Verification and Evaluation (CVE). RDC is technically qualified for this project as they have been awarded numerous VA design projects in VISN 8, including an Indefinite-Delivery/Indefinite Quantity (IDIQ) Contract in VISN 8 and they are the designer of record for the design of the Expand Emergency Department Minor project at the Lake Nona, Orlando VAMC. A review of the Past Performance Information Retrieval System (PPIRS) has confirmed RDC’s successful past performance on VA design projects. The VA’s technical experts have determined that RDC is the most qualified to perform the required services for this project, as they are the designer of record for the project and are considered a responsible SDVOSB. Award will be made provided that a fair and reasonable price that offers best value to the Government can be obtained.

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

In accordance with the Class Deviation from the VAAR 819.7007(b), Sole Source Awards to Service- Disabled Veteran-Owned Small Business Concerns, the Contracting Officer’s determination whether to make a sole source award is a business decision. For the reasons stated herein, and specifically, in response to Paragraph 5, the undersigned Contracting Officer, has determined RDC is a qualified, responsible SDVOSB.

A special notice announcing the proposed contract action will be posted to SAM.gov | Contract Opportunities, the government’s point of entry (GPE). The Justification and Approval (J&A) document will be posted within 14 days after award in accordance with FAR Subpart 6.305. The award synopsis will be posted to GPE in accordance with FAR Subpart 5.301(a)(1).

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

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Based on the authorities cited in this justification, a sole source award under the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Sec 502) to RDC is proposed pending negotiation of a fair and reasonable price for the work to be performed. It is expected negotiations will result in a price which compares favorably to the Independent Government Estimate and previous projects performed by RDC within VISN 8. The Contracting Officer may need to conduct additional analysis before making a fair and reasonable price determination.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Market research techniques used to identify potential sources for this requirement include contacting knowledgeable individuals in Government regarding market capabilities to meet requirements and querying the Vendor Information Pages (VIP) at VIP Home · VetBiz Portal (va.gov).

Through the aforementioned efforts, several firms were identified that were potentially able to perform the required services. RDC is a verified SDVOSB and is fully capable of performing this project.

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

It is recommended that a sole source award be made to RDC. RDC is a Service-Disabled Veteran- Owned Small Business (SDVOSB) that has completed the design portion of the design of the Expand Emergency Department Minor project at the Lake Nona, Orlando VAMC, and has a successful past performance history on various projects within VISN 8. A sole source award to RDC is in the government’s best interest to successfully complete the construction period services for the Construction of the Expand Emergency Department project at the Lake Nona, Orlando VAMC

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

The following A-E firm expressed interested in this project:

a. RDC/John Poe Architects

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:

The Lake Nona – Orlando VAHCS and VHA PCAC will solicit future design projects through existing A-E IDIQ contracts in VISN 8 or will compete the project on the open market using the procedures established in FAR Subpart 36.6 for A-E procurements.

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.

KEVIN GLOVER Date General Engineer Lake Nona – Orlando VAHCS

KEVIN GLOVER

Digitally signed by KEVIN

GLOVER

Date: 2022.08.02 11:33:27 -04'00'

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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.

Date

Contracting Officer

Program Contracting Activity Central

John Yallech 189260 Digitally signed by John Yallech 189260 Date: 2022.08.03 21:13:54 -04'00'