FINAL Justification and Approval Elevator Restoration Emergency.pdf

VHAPM Part 819.7007/7008 Sole Source Awards to a Verified Service-Disabled Veteran-owned Small

Business/Veteran-owned Small Business

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT Acquisition Plan Action ID: 36C242-22-AP-0180

VHAPM Part 819.7007/7008 Page 1 of 5 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

1. Contracting Activity: Department of Veterans Affairs, VISN 2, Hudson Valley Healthcare Medical Center Montrose Campus 2094 Albany Post Road Montrose, NY 10548 procuring the requirement for Department of Veterans Affairs, VISN 2, Brooklyn Medical Center, 800 Poly Place, Brooklyn, NY 11209. Project Number: 630A4-22-574. Title: Emergency Restoration of Five Critical Elevators. Total estimated cost is $2M.

2. Nature and/or Description of the Action Being Approved: The New York Harbor Healthcare System

Brooklyn Campus was recently confronted with two natural disasters weeks apart from one another.

On August 22, 2021 Tropical Storm Henri struck the facility and then on September 1, 2021 the remnants of Hurricane Ida inundated the Brooklyn Campus with record shattering rainfall. This resulted in major flooding to the facility causing all elevator pits to be completely submerged with flood water. The elevators sustained severe water damage and require replacement to return them to a safe and fully operational state to meet patient care needs.

The critical elevators in need of replacement are – S6 (Morgue), OPC-1, OPC-2, OPC-3 and OPC-S1 to return them to a safe and fully operational state. The Brooklyn VAMC is greatly affected as these five (5) critical elevators are the main vertical transportation for morgue services, medical supplies, janitorial equipment, patient transport and all other patient related services as well as support services. Furthermore, there will be negatively impacted rapid response by medical, police or fire department teams to clinical, behavioral and or fire emergencies. In addition, Brooklyn VAMC was designated by VISN 2 and VA Central Office as the main receiving facility for Novel Coronavirus patients for VISN 2. Not having operational and safe elevators for vertical transportation poses a significant risk to the facility and all its occupants.

The Contracting Officer determined that because of the present inoperable condition of these elevators and the subsequent impact on facility operations and the safety of our patients, visitors, and staff, it is necessary to make this emergency award on a SDVOSB sole source basis. It is critical to move swiftly since the acquisition of the necessary materials for this work will require some lead time. The utilization of the sole source authority to select a SDVOSB concern under the Veterans First Contracting Act will support this action.

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Therefore, to respond to this emergency need and in accordance with PL 109-461, Veterans First Contracting Act, an emergency SDVOSB sole source contract will be awarded to Elevator Service, Inc.

Grand Rapids, MI for a price determined to be fair and reasonable (IGE of $2,000,000).

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The contractor is to provide labor and materials to replace the following: elevator controllers, landing unit, car stations, hall stations, hall lanterns, governor, cross cancellation, hoist cables, traveling cables, shaft wiring, shaft door equipment, car door operator, hoist way limits, rails, rope gripper, elevator pit, car and counterweight guide rollers, and buffer springs.

The contractor will provide full maintenance and operations service for the active elevator equipment during the elevator upgrade project period, including repairs of all operating parts that may wear out or fail. All routine maintenance service and scheduled repairs will be performed during normal business hours. The contractor will use their best efforts to conduct maintenance and repairs in a manner that minimizes disruption to medical center operations.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(2), 38 U.S.

Code § 8127(c), as implemented by FAR 6.302-2 (Unusual and compelling urgency). 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): Elevator Service, Inc., is a Service-Disabled Veteran Owned Small Business (SDVOSB) specializing in elevator upgrades, repair, and maintenance. They have completed work at multiple VAMCs nationwide including VISN 2 facilities, where they have full understanding and knowledge of specific VA requirements, needs, and mission.

FAR 6.302-2, Unusual and compelling urgency, applies to this emergency acquisition with an approximate period of performance of thirty (30) weeks ((6 weeks per elevator)). Elevator Service has a proven performance history at the Brooklyn VA Medical Center. They currently have two active contracts, 36C24220C0096 to replace passenger elevators and 36C24221P1607 for elevator repair and services at this facility. This allows for immediate mobilization as they are already on-site.

Elevator Service is determined to be a responsible source with respect to performance regarding this project.

Open competition would seriously delay this work since the specific elevators are currently inoperable and continued lack of availability will place facility operations and patient safety at great

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Revision 03 Eff Date: 04/03/2020 risk. For this requirement, we are able to accomplish the award as allowed by the Veterans First Contracting Act which states: Authorized or Required by Statute (FAR 6.302-5) - PL 109-461, Veterans First Contracting Act, permits a Contracting Officer to sole source to a Service Disabled Veteran Owned Small Business up to $5M and in accordance with VAAR 819.7007(b), allows the Contracting Officer to determine whether to make a sole source award as a business decision wholly within the Contracting Officer’s discretion.

A determination that a sole source award to this particular SDVOSB concern to meet the subject requirement is made by the Contracting Officer. The Contracting Officer will determine that the final award price is fair and reasonable and that the contractor is responsible. The Contracting Officer will include requisite payment and performance bonding from Elevator Service in the final contract.

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: Market research was conducted by the Contracting Officer. It was discovered that no SDVOSB other than Elevator Service, Inc., readily possesses this specialty elevator repair capability and experience. The SDVOSBs that are performing work in the New York Harbor area are general contractors and do not have the capability to replace elevators as that offered by Elevator Service, Inc. The Brooklyn VAMC is requesting replacement parts and service that can be later procured through multiple vendors on a competitive basis.

Exception under 5.202: The contracting officer need not submit the notice required by 5.201 when-

(a) The contracting officer determines that-

(2) The proposed contract action is made under the conditions described in 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203.

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

Reasonable: The Contracting Officer will determine that the price provided by the Elevator Service, Inc., is fair and reasonable, and that they are a responsible contractor. Elevator Service, Inc., will be required to provide a cost proposal that aligns with the IGE, with an acceptable work plan and period of performance to address the emergent work. Bonding requirements will be met.

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

Market Research Was Not Conducted: A Sources Sought notice was not posted, as this requirement was deemed emergent due to this project being critical to the facility. Similar projects are currently being performed by Elevator Service, Inc. at the Brooklyn VAMC. Earlier market research was conducted by the Chief Engineer at Brooklyn and the Contracting Officer that showed a unique capability by Elevator Service, Inc. to perform this work. It was discovered that no SDVOSB other than Elevator Service, Inc., had this specialty elevator repair capability and experience. The Brooklyn https://www.acquisition.gov/content/part-5-publicizing-contract-actions https://www.acquisition.gov/content/part-5-publicizing-contract-actions https://www.acquisition.gov/content/part-5-publicizing-contract-actions

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VAMC will require that non-proprietary replacement parts be used so that the option exists for future competition through multiple vendors for service work.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: NONE- Authority under 38 USC 8127 (c).

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No action planned, based on the market research collected, the Contracting Officer determined that a sole source SDVOSB procurement as allowed by the Veterans First Contracting Act was the best procurement strategy.

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 plan to procure these 5 elevator replacements from Elevator Service, Inc., with non- proprietary parts and maintenance will allow for future competitive acquisitions for service and replacement parts. As part of these replacements, Engineering will be including flood resistant components located in flood hazard areas to mitigate loss prevention and flood damage in the future.

Further, there is a current design contract for eight additional service elevators in Building 1 at the Brooklyn VA Medical Center that is nearing completion. Contracting is planning to solicit on a SDVOSB competitive set aside basis for the replacement of these elevators in the Spring of 2022.

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.

Raed Ghaly Date Chief Engineer Brooklyn VAMC

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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.

Edward Kostolansky Date Contracting Officer, NCO2 Branch Chief, Construction Team 2

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.

Sherin Rabadi Date Division Chief, NCOO 2 (Construction, Commodities & Prosthetics)

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

Joseph P. Maletta Date Executive Director, Regional Procurement Office (RPO) East Head of Contracting Activity (HCA) https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx