Garage Repair JFOC 36C23423C0079 signed BC.pdf

Attachment 7: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 01 Effective Date: 04/01/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C248-22-AP-4575

1. Contracting Activity: Department of Veterans Affairs, VISN 08. James A. Haley VA Medical Center, Tampa, Florida.

Purchase request number: 673-22-2-6318-0051.

2. Nature and/or Description of the Action Being Processed: This justification is in support of a new, single award, firm-fixed-price contract for obtaining urgently needed concrete and expansion joint repairs to the main parking garage, Building 55. The value of the contract is expected to be $681,175.41 and is expected to be awarded via firm-fixed-price contract # 36C24823C0079 as soon as practical in FY23.

3. :

The contractor will execute urgently required repairs to the Bld 55, the main parking garage.

These immediately needed repairs include the repair of failed weld connections at eight (8) twin tee joint lines, the removal and replacement of sealant on the failed connections, and partial concrete repair on ramps six and seven. The contractor shall also apply sealant on the top-level structure to mitigate immediate further damage and other miscellaneously need repairs to the concrete structure as detailed in the Statement of Work (SOW). The period of performance shall be 180-days from the issuance of the notice to proceed (NTP).

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;

( ) (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

(x) (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. Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

AACON has recent and relevant specific experience repairing multi-level concrete parking structures and are available to proceed now with our urgent requirement. During the initial competition, James A. Haley did not receive any proposals. All other SDVOSBs and small

VHAPG Part 806.3 OFOC Page 2 of 4 Revision: 01 Effective Date: 04/01/23 businesses, including those that communicated interest declined to bid on the requirement.

Furthermore, AACON is an SDVOSB with a solid track record repairing multi-level parking garage structures and was invited to submit a late proposal, as the VA had no other immediately available options. By utilizing the statutory authority found 41 USC §3304(a)(5) as implemented by FAR 6.302-5, which is wholly within the Contracting Officers discretion, urgently needed repairs to the expansion joints can be executed now instead of recompeting the requirement on an unrestricted basis.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A pre-solicitation synopsis was issued via SAM on 30 June 2022 and closed 20 July 2022. Market research showed ample SDVOSB qualified in NAICS 236220 Commercial and Institutional Building Construction. This requirement was 1st offered as an SDVOSB set-aide via solicitation #36C24822R0149 and was posed 18 Aug 2022. It closed 14 Sep 2022 without receiving any responses. The solicitation was extended to 10 Oct 2022 with hope of receiving proposals from SDVOSBs that expressed interest.

This RFP was extended to 8 Nov 2022 but failed to produce proposal. A second solicitation was issued on or about 5 Dec 2022 with a proposal due date of 20 Dec 2023. This solicitation included small businesses. Due to schedule conflicts and requests from industry, an additional site visit was offered 20 Dec 2022 and the proposal due date was extended to 24 Jan 2023. The solicitation again failed to garner proposals and the solicitation was cancelled 26 Jan 2023. On 7 Feb 2023, AACON Construction, an SDVOSB contractor with recent experience in repairing multi-level parking facilities reached out to regarding the requirement and expressed interest. AACON was offered a proposal dated 10 March 2023.

7. Describe all efforts taken to ensure that offers are solicited from as many potential sources as practicable under the circumstances: As mentioned, the requirement was twice posted to SAM and received no proposals. Site visits were offered and attended by firms that expressed interest, however, no offerors were received.

8. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The contracting officer has determined that the price negotiated is considered fair and reasonable. While the negotiated price is over the original IGCE, additional faults in the structure have been discovered that required immediate repair. Certified cost and pricing data was neither be requested or required.

9. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Per PPM 2016-05, Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision: §8127 is mandatory, not discretionary and its text requires the Department to apply the Rule of Two to all contracting determinations. In order to meet the VA Rule of Two, the conducted market research via VIP to determine if two or more service-disabled veteran-owned businesses (SDVOSBs) and veteran-owned small businesses (VOSBs), in the appropriate NAICS code, were listed as verified in the VetCert database. COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 or 819.7009 up to $5,000,000, as appropriate, subject to review and approval of the designated procurement official outlined in FAR 6.304 (See VHAPG Part 819.7008-7009 for additional details).

VHAPG Part 806.3 OFOC Page 3 of 4 Revision: 01 Effective Date: 04/01/23

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

All requirement documents, including the statement of work, three structural studies, and specifications were provided via solicitation #36C24822R0149.

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

SDVOSB Jarrett Construction, Rothwell Construction and Venergy Group as well as small businesses, Snodgrass Construction directly expressed interest, but did not submit proposals.

12. 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 agency twice posted the requirement to open competition and received zero proposals.

13. 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.

DANIEL MILLER Date Projects Chief James A. Haley VAMC

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

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

KENNETH R. CARYER Date Contracting Officer

NCO-08

10 July 2023

12 July 2023

VHAPG Part 806.3 OFOC Page 4 of 4 Revision: 01 Effective Date: 04/01/23

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.

MONTEZ SIMMONS Date

Supervisor, Construction Team 2

NCO-08

VHATAMSimmoW1 Typewritten Text 8/30/2023