FAR 6 J_A Over SAT - VAMC Mt. Home Bldg. 204 Roof.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C249-21-AP-4056

1. Contracting Activity: Department of Veterans Affairs, VISN 9, The James H. Quillen Veterans Affairs

(VA) Medical Center in Mountain Home, TN Network Contracting Office (NCO) 9, 2237 # 621-21-4- 5082-0165.

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

The James H. Quillen VA Medical Center has an emergency need for the replacement of 7,000 square feet ballast roofing of Building 204. Remove existing roof down to the concrete slab, install new insulation and install new roofing system (EDPM).

The current roof leaks every time it rains which directly affects the hospital’s ability to perform emergency Catherization Laboratory procedures.

This is proposing a new, Firm Fixed Price (FFP) contract be awarded to Colossal Construction Company, LLC for replacement of ballast roofing of building 204.

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

The scope of work for project 621-19-109 consists of the contractor completely preparing the site for building operations, including demolition, and furnishing labor and materials and perform work for the removal and replacement of the roof assembly of building 204 as required by the drawings and specifications. The contractor will remove existing ballasted roof and replace it with new 60 MIL EDPM roofing system.

The period of performance for this requirement is 120 calendar days. The total cost of this requirement is estimated at $598,549.00.

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

( ) (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;

(X ) (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 ( ) (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):

The medical facility requires the immediate ballast roof replacement of building 204, in order to maintain patient safety, scheduling, and maintain hospital health code requirements in the Catherization Laboratory located in building 204. The building 204 roof leaks every time it rains, jeopardizing patient and staff safety and health, potentially causing long term damage to build 204, and potential damage to the Catherization Laboratory and equipment. Colossal Construction Company, LLC is fully capable of meeting this urgent requirement, having successfully performed similar work to this project. Colossal Construction Company, LLC is currently onsite at the James H.

Quillen VA Medical Center performing another roofing project on building 69 and has the crane and equipment available to begin immediately on building 204.

Accordingly, Colossal Construction Company, LLC is the only firm capable of providing the supplies and services described in Section 3 above without the Veteran’s Health Administration experiencing unacceptable delays in fulfilling its requirements, which would impact patient health and safety as well as potential damage to the building and catherization laboratory equipment. Also due to there not being a need to mobilize, Colossal Construction Company, LLC is also the only firm capable of providing the services described in Section 3 above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirement.

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

Colossal Construction Company, LLC is the only source being solicited at this time due to the urgent nature of this requirement. Colossal Construction Company, LLC has the equipment and resources at the James H. Quillen VA Medical Center to begin work on correcting the building 204 roof leak immediately. Colossal Construction Company, LLC has the experience, performance record, and mobilized equipment and resources to remove and replace the current ballast roof.

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

Reasonable:

Only one source is being solicited due to the emergency nature of this requirement. The Contracting Officer (CO) will determine the price to be fair and reasonable based on a comparison to previous award prices which were determined fair and reasonable, and the Independent Government Cost Estimate (IGCE), as well as current market prices.

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 on the Vendor Information Pages (VIP) database for Service- Disabled Veteran Owned Small Business (SDVOSB) companies that could meet the requirement of this procurement. The Contracting Officer (CO) found sufficient SDVOSB competition but due to the nature of this requirement, it has been determined that to meet VA’s and veteran’s needs, this procurement needs to be procured as a Sole Source SDVOSB emergency requirement. By doing so, corrective action can be taken immediately to replace the leaking building 204 ballast roof.

Colossal Construction Company, LLC qualifies as a small business in accordance with the federal small business size standard of $16.5 million average annual revenue for North American Industry Classification System (NAICS) code 238160, Roofing Contractors. Confirmation that Colossal Construction Company, LLC constitutes a small business for the applicable NAICS code is based upon review of their latest record in the federal on-line System for Award Management (SAM). Colossal Construction Company, LLC has been certified by the Center for Verification and Evaluation (CVE) as a SDVOSB in VIP.

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

The leaking roof over the Catherization Laboratory poses a patient health risk for patients undergoing procedures and the potential for appointment cancellation. The proposed vendor, Colossal Construction Company, LLC is currently performing roof replacement on another building at the James H. Quillen VA Medical Center with mobilization of equipment, personnel, and resources allowing the vendor to respond urgently to this requirement.

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

Colossal Construction Company, LLC has expressed a willingness to work with the VA and can meet the urgency of the needs of the James H. Quillen VA Medical Center.

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:

To foster more competition would cause a delay in the implementation of this urgent and critical requirement for the James H. Quillen VA Medical Center. Colossal Construction Company, LLC is mobilized and can begin immediately. If this requirement is procured full and open, it would delay the initiation of the building 204 roofing replacement, allowing water to leak into the Catherization Laboratory.

The discovered leaks into the Catherization Laboratory from the roof, were unforeseen. Roofing inspections did not indicate the potential prior to the discovered leaks.

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.

Lucas Denton Date Assistant Chief of Engineering James H. Quillen VA Medical Center

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

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

Teresa A. Rogofsky Date Contracting Officer, Construction East Network Contracting Office (NCO) 9

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Dean J. Regazzi Date Branch Chief, Construction East Network Contracting Office (NCO) 9