C03. J&A - Sole Source - TClear Pavers - 2020-02-13_Redacted.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 08 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C250-19-AP-6152

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Louis Stokes Cleveland VAMC, will enter into a construction contract that requires the procurement of this item which requires justification for other than full and open competition. A purchase request number is not yet available.

2. Nature and/or Description of the Action Being Processed: This project is named “Renovate Operating Rooms” and this project renovates 22,000 square feet of current operating rooms suite providing new HVAC and addressing other identified condition gaps. FCA #124308, 124311.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: TClear pavers are the preferred roof system bonded ballast and insulation used on the Medical Center roofs. It creates a low weight ballast system that the existing structure can support. It also creates a protective layer over the membrane which prevents accidental puncture and UV degradation. The estimated value of the insulation and bonded concrete ballast is

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-1.

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per 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): The medical center is actively replacing aging roof systems with a protected roof membrane assembly. We have several existing roofs that are structured in such a way that they can’t support the added load of a ballasted roof.

The TClear insulation pavers offer a low weight interlocking system that protects the membrane and provides the necessary insulating values required by code. The medical center prefers to have one type of roof system that makes maintenance of the system easier for future modifications.

Currently this product is only produced by TClear in the United States.

OFOC SOP Revision 08 Page 2 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This procurement will be competed and synopsized on Fed Biz Ops ( www.fbo.gov) and will indicate the requirement for brand name specification for the TClear Pavers.

Since the construction contract is being awarded as a firm fixed price contract through competitive sealed bidding, the bidders are incentivized to locate the supplier that will provide the item at the most economical price.

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

Reasonable: It is anticipated that two (2) or more bids will be received through the sealed bidding process. If two (2) or more bids are received then the cost of the entire project will be considered fair and reasonable to the government based on competition.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Medical Center has investigated the ability of other paver manufactures to meet the requirements of the system weight and performance. TClear pavers are the only known manufacturer within the United States and sells direct from the manufacturer.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. See Items 5 above.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None. (A Market Survey will be completed on the entire construction project).

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: Not Applicable – See Item 5.

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.

_____________________________ ______02-13-2020______________ Richard E. Clark Date

COR

Louis Stokes Cleveland VAMC http://www.fbo.gov/

OFOC SOP Revision 08 Page 3 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

13. Approvals in accordance with FAR 6.304

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

Diana J. Pittman Contracting Officer Network Contracting Office (NCO) 10