Chillicothe VAMC LOTO - Justification and Approval - Other Than Full and Open Competition - APPROVED --.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Revision: 04 Effective Date: 11/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C250-25-AP-37

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Chillicothe Medical Center

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

(J&A) authorizes a sole-source award to a Service-Disabled Veteran-Owned Small Business (SDVOSB) for Lockout/Tagout (LOTO) procedure development and graphical tag services.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The VA requires contractor support for the creation and implementation of Lockout/Tagout (LOTO) procedures in compliance with OSHA standards, including preparation of graphical procedures and durable lockout/tagout tags for VA equipment and systems. The period of performance is 300 calendar days, after the Notice to Proceed.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC

§3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 (DEVIATION) or VAAR 819.7009 (DEVIATION)- up to $5,000,000.

Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a certified 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):

The authority stated in section 4 above allows for a sole source award to a SDVOSB based upon 38 U.S.C. 8127(c). Rubicon Engineering, LLC was selected to receive this award by the Contracting Officer. They were verified with the SBA as an SDVOSB and are highly qualified. This requirement is for the creation and implementation of Lockout/Tagout (LOTO) procedures in compliance with OSHA standards, including preparation of graphical procedures and durable lockout/tagout tags for VA equipment and systems.. The contractor selected, Rubicon Engineering, LLC, has experience in providing these types of services/ https://www.va.gov/oal/library/vaar/vaar819.asp#8197008 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009

Revision: 04

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

A determination that only one SDVOSB can meet the requirement is not required in accordance with VAAR 819.7008. No effort was made to solicit multiple sources as the circumstances surrounding the need date for award of the requirement didn’t allow for the time to do so. Rubicon Engineering, LLC is a qualified contractor, was immediately solicited upon receipt of the requirement.

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

Reasonable:

The quote received is fair and reasonable, as documented in the MFR for Determination of Fair and Reasonable (contract file)

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

Market research conducted:

SBA VetCert Database: A search was conducted using NAICS Code 541690 (Other Scientific and Technical Consulting Services) and keywords “lockout tagout” and “LOTO.”

Results of market research:

SBA VetCert: 7 SDVOSB were identified with demonstrated past performance in OSHA safety compliance, procedure writing, and LOTO services.

It is recommended that a sole source award be given to Rubicon Engineering Services, LLC, as they are a verified SBA SDVOSB, the requirement is under $5M, they are responsible and qualified, and it is anticipated that an award can be made at a fair and reasonable price.

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:

None.

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:

VHA NCO 10 will solicit future projects for the same or similar types of requirements through competitive channels, as appropriate.

https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

Revision: 04

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.

William Pickerrell Date Maintenance and Operations Supervisor Chillicothe VA Medical Center

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.

Digitally signed by BRIAN

KISH

Date: 2025.09.30 13:15:14

Brian S. Kish Contracting Officer

-04'00'

Date

Network Contracting Office (NCO) 10

WILLIAM Digitally signed by

WILLIAM PICKERRELL

BRIAN KISH

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