FAR6_JA_OVER_SAT_B700 ICU Roof_12132022_Redacted.pdf

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:____36C261-23-AP-0536_____

1. Contracting Activity: Department of Veterans Affairs, Regional Procurement Office West

(RPOW), Network Contracting Office (NCO) 21, on behalf of VA Northern California

Healthcare System (VANCHCS).

2237: 612-23-1-6056-0006

2. Nature and/or Description of the Action Being Approved: VA Northern California

Healthcare System (VANCHCS) has a need for construction service support to correct building

700 roofing system with new roofing materials and sub materials. The proposed new contract is anticipated to be a firm fixed price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The proposed action is to repair and replace approximately 7,600 square feet of a damaged and actively leaking roof at building 700 located on the Mather campus. The contractor is required to furnish all labor and materials needed to perform all demolition, replacement, installation, and commissioning to be completed in at least three phases or stages as identified in the statement of work (SOW), specifications, and related documents.

The independent government estimate (IGCE) is . The period of performance is two hundred (200) calendar days after 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

819.7007 or 819.7008 up to $5,000,000. 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

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):

38 U.S.C. 8127(c) - Sole Source Contracts for Contracts Above Simplified Acquisition

Threshold. - For purposes of meeting the goals under subsection (a), and in accordance with this section, a Contracting Officer of 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.

Effective Date: 02/01/2022 Page 2 of 3

Note: 38 U.S.C 8128. “Small business concerns owned and controlled by veterans: contracting priority” (a) Contracting Priority. - In procuring goods and services pursuant to a contracting preference under this title or any other provision of law, the Secretary shall give priority to a small business concern owned and controlled by veterans, if such business concern also meets the requirements of that contracting preference.

The authority for this J&A is cited in 41 U.S.C. 3304(a)(5), as authorized by 38 U.S.C. 8127(c).

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:

Per the authorities cited in number 4 above, the Contracting Officer (CO) may award a sole source contract per 38 U.S.C. 8127(c) if he/she has identified a Service-Disabled Veteran-Owned

Small Business (SDVOSB) capable of providing the products and/or services at fair and reasonable prices and is in the best interest of the government.

This action will be publicized in accordance with FAR 5.2.

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

Reasonable:

The contracting officer will determine the price fair and reasonable by comparing the proposed pricing to the IGCE per FAR 15.404-1 (b)(2) to ensure that the price is determined to be fair and reasonable.

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

Reasons Market Research Was Not Conducted:

See number 6 above. The CO has verified the SDVOSB status in Vendor Information Pages

(VIP) and has reviewed the capabilities of the intended sole source.

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

None. Per the authorities cited in number 4 above, the Contracting Officer may award a sole source contract per 38 U.S.C. 8127(c) if he/she has identified a Service-Disabled Veteran-Owned

Small Business (SDVOSB) capable of providing the products and/or services at fair and reasonable prices and is in the best interest of the government.

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

Joseph Murphy Construction, Inc., 3400 Lanai Drive, San Ramon, California, 94582

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 contract action will be synopsized on System for Award Management (SAM.gov) within 14 days of award. All future acquisitions for similar construction services will initially be advertised by placing a Sources Sought with a synopsis of requirement on SAM.gov. Market research can be conducted for subsequent procurements to determine if there are changes in potential contractors.

Effective Date: 02/01/2022 Page 3 of 3

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.

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.

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding

$750K): I certify the justification meets requirements for other than full and open competition.