ELEVATOR SERVICE JA_1.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C247-21-AP-0832

1. Contracting Activity: Department of Veterans Affairs, VISN 7, Central Alabama Veterans Health Care System Purchase Request, 619-21-1-5243-0091.

2. Nature and/or Description of the Action Being Approved: This activity proposes to negotiate a non-competitive firm fixed price award (sole-source) with Panacea Construction Group (a Service- Disabled Veteran-Owned Small Business), for the procurement of Elevator Service for Central Alabama Veterans Health Care System, Montgomery Al. The estimated value for this acquisition is and the period of Performance is 12 months with (4) Four, (3) three months option periods. The previous Elevator Service contract expired on 9-30-2020. A follow-on contract was awarded to Southco Services (36C24720C0244); however, it was protested as such the facility does not have a contract in place for Elevator Services. We also awarded a bridge contract in place to Otis Elevator (Contract # 36C24721P0067); however, the bridge contract was also protested.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The intent of this scope of work is to obtain full maintenance and repair of all elevators and dumbwaiters in accordance with the manufacturer’s original specifications located at Veterans Affairs Regional Office, Montgomery, Alabama, Central Alabama Veterans Health Care System, Montgomery, Alabama and Central Alabama Veterans Health Care System, Tuskegee, Alabama. This contract is for 12 months with (4) 3 three-month option periods for Elevator Maintenance and Services for CAVHCS and the estimated value is

The Contractor shall furnish all labor, transportation, equipment, materials, tools, supplies, supervision, incidental engineering, and management required to perform testing, maintenance, repair, and component replacement as required to maintain elevators, and dumbwaiter equipment systems in accordance with the manufacture’s original specifications. Responsibility also includes emergency telephone operation inside elevator cab and all associated wiring inside hoist way to the machine equipment room. Work includes the performance of service work, preventive maintenance of equipment, routine and periodic tests, and other services as described in the SOW.

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 819.7007 or 819.7008 up to 55,000,000. 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

VHAPM Part 819.7007/7008 Page 1 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

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):

VAAR 819.7007 states explicith’, “A determination that only oie SDVOSB can meet the requirement is not required, “ and that using this attthoHty, the following must be i’erUIed:

(1) The anticipated award price of the contract (including options) will not exceed $5 million.

The estimated value is IL J. and does not exceed $5M;

(2) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.30 1(d);

This J&A will be posted on FBO.

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance.

Panacea Construction Group is a registered and verified Service-Disabled Veteran-Owned Small Business (SDVOSB). Panacea Construction Group performed the improvement implementation support in the previous order and is familiar with the tasks for this effort. As a result of a current post, thetailit os not have a contract in place for Elevator Services. Failure to sole source to Panacea Construction Group will prevent the facility from having the support that is required to meet the priorities and goals of hospital to conduct day to day operations and also delay health care to our veterans and effectively respond to Veteran’s needs.

(4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government

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 subpart 5.2 and, if not, which exception under 5.202 applies: lAW VAAR 818.7007, Sole Source awards to Service Disable Veterans Owned Business concerns (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. A determination that only one SDVOSB concern is available to meet the requirement is not required. This contract will serve as the Elevator Service and Maintenance contract while the facility prepares the acquisition package for a follow-on base and year contract. During this time the facility will be execute acquisition planning, market research and posting Request for information to determine the acquisition strategy for the follow on contract.

7. DeterminatIon by thetO that the Anticipated Cost to the Government will be Fair and Reasonable: Market research was conducted, and Panacea Construction Group has been determined to be a responsible source with respect to performance. They are registered and certified in VetBiz.gov as a SDVOSB with the NAICS code 238290 (Other Equipment Contractor) for this requirement which in accordance with Public Law 109-46 1 Section 502(c) meets the requirements of this statute to sole source to a SDVOSB. In addition, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and Panacea Construction Group represented that they are an SDVOSB. In addition, the Federal Awardee Performance and Integrity Information System (FAPUS) was reviewed and FAPIIS shows no reports for Panacea nstructicuiGLQup that wnuldindicate fctiypriingJnstancesifcnutractor faultorrecipient not-qualified, terminations for cause, default or material failure to comply, or non-responsibility of the contractor.

VHAPM Part 819.7007/7008 Page 2 of 4 Original Date: 08/30/2017

The Contracting Officer has determined that the price is fair and reasonable base on comparison of current contracting pricing past proposal submission.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Public Law 109-461, codified at 38 USC § 8127, in order to increase contracting opportunities for small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities, contracting officers of the VA are given specific statutory authority to award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures (i.e. a “sole source” contract). The contracting officer may do so in accordance with VAAR 819.7007 Based on the above findings, the Elevator Service solicitation as there are 171 SDVOSB’s using the key word Elevator Services and NMCS 238290 and 20 VOSB’s, using the key word Elevator Services on Veteran Information Page (VIP). For an Open Market requirement, there are 389 SDVOSB’s for Open Market solicitation.

Therefore, it is recommended that a single firm-fixed price (FFP) solicitation be issued an SDVOSB Open Market SDVOSB set-aside.

8. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

9. Listing of Sources that Expressed, in Writing,an bLrest in the Acquisition:

Panacea Construction Group 30 Pinion Court Dubois, WY 82513

10. 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 facility will be preparing an acquisition requirement for a base year with 4 one year options. Base on the results from the market research, the contracting office will determine the proper set aside category for this acquisition. The contracting office will make sure the Kingdom- ware rule is given first priority for the follow-on solicitation.

11. 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

VHAPM Part 819.7007/7008 Page3of4 Original Date: 08/30/2017

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

a. Contracting Officer or Designee’s Certification (required): I certifythat the foregoing justification is accurate and complete to the best of my knowledge and belief.

VHAPM Part 819.7007/7008 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

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