HCA Signed NCO 10 552-23-504 - OTFOC 9.28.23.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:_36C250-23-AP-5683______________________________

1. Contracting Activity: Department of Veterans Affairs, VHA Regional Procurement Office Central, Networking Contracting Office 10, 3140 Governor’s Place Blvd, Kettering, OH 45409.

2. Nature and/or Description of the Action Being Approved: The proposed action is for an EMERGENCY sole source contract for “552-23-504 Repair Parking Lot B-128 (Emergency)” at the Dayton VAMC located in Dayton, OH. The contract will be for a new firm, fixed price contract with an estimated IGCE of $2,249,862.96 dollars.

During the spring of 2023, a sink hole appeared in parking lot of Building 128 at the Dayton VAMC campus. The sink hole appears to be caused by storm sewer and steam pipes that are collapsing. Recent rain everts have caused wash outs that will continue to grow worse unless immediate actions are taken. Investigation of confined space within the steam tunnel found that all the active steam pipes, ricwil preinsulated pipes, mounting brackets and areas of the tunnel structure are long past their useful life cycle and are in poor condition. This supplies steam to all campus buildings. A failure in this system would result in facility closure due to the inability to provide heat to the facility and sterilization for medical equipment and tools.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Contractor will provide all labor, equipment, materials and supervision necessary for Repair Parking Lot Building 128. This will include: Asbestos abatement, removal and replacement of storm and sanitary drain pipes in the parking lot area, removal and replacement of asphalt, repair of steam tunnel, removal and replacement of High Pressure Supply (HPS) and High Pressure Return (HPR) steampipes, removal and replacement of all stanchions, concrete pads, hangars, and rollers, removal and replacement of five (5) gate valves, new insulation on new steam pipes, removal and replacement of all lighting and conduit, all testing of newly installed high pressure steam pipes, removal and replacement of steam condensate pumps, excavation for new steam pit near the boiler plant. The work in the steam tunnels is considered non-permit required confined space.

All work to be completed at the Dayton Veterans Affairs Medical Center, located at 4100 West Third Street, Dayton, OH 45428. Work to be completed within 180 calendar days from notice to proceed.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(2), as implemented by FAR 6.302-2 Unusual and compelling urgency. Any delay in the award of a contract would result in serious injury, financial or other, to the Government, veterans, and staff at the facility.

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):

This is an urgent and compelling requirement. Any delay in the completion of this work would have serious impacts to the Dayton VA Medical Center and ultimately the veteran patients the facility serves. This work is critical to be completed now to ensure the Medical

36C250-23-AP-5683 – Repair Parking Lot B-128

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3 Revision: 02 Effective Date: 04/15/2023

Center is fully operational. A small disadvantaged business, Buckeye Industrial Piping, has some of the necessary material at their facility and ready to mobilize quickly.

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 FAR Subpart 5.2 and, if not, which exception under FAR

5.202 applies: Originally this request was approved to sole source to Clemons Construction LLC (an SDVOSB) as they appeared to have the ability to begin work immediately; however, they were unable to provide a price breakdown to determine fair and reasonableness and they were unable to secure sufficient bonding in a timely manner. A second SDVOSB was contacted but were concerned about potential winter weather and stated "they would be done when snow flies." This did not give the facility the impression they were interested in the project. A third local company, Buckeye Industrial Piping (a Small Disadvantaged Business) was contacted and it was confirmed that they do have the capability to perform the work quickly. Due to time constraints and the urgency of this requirement, this request is being sole sourced to Buckeye Industrial Piping.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will ensure through the use of price analysis techniques, such as comparison against the independent Government estimate and other price analysis techniques identified in FAR 15.404-1(b), that the price will 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: Due to the emergent nature of the project, no market research was conducted before the start of the project. The prime contractor has provided a breakdown to include the subcontractors pricing and has provided verbal confirmation that bonding is able to be procured. In accordance with FAR 28.102- 1(c), the contractor shall furnish all bonds prior to the issuance of the Notice to Proceed

(NTP).

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

None

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: One Contracting Specialist, Jenessa Regan, called Clemons Construction Co, who is located in Dayton, OH, to ask if they would be interested in the project and their ability to mobilize quickly. Matt Zeier said “Clemons is interested and would start to call local subcontractors on their availability.” Clemons was unable to provide a breakdown in their pricing nor the ability to provide bonding in a timely manner. Buckeye Industrial Piping is a small disadvantaged business with some material already on-site and the ability to mobilize quickly for the project.

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: Future repairs, if not emergent, will be posted competitively.

36C250-23-AP-5683 – Repair Parking Lot B-128

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3 Revision: 02 Effective Date: 04/15/2023

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.

Katherine Masko Date Acting Projects Chief Dayton VAMC

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.

Brian S. Kish Date Branch Chief Network Contracting Office

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.

Scottie Paramoure Date NCO 10 Division Chief

Networking Contracting Office 10

c. Director of Contracting Review and Approval: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Marie L. Smith Date Director of Contracting Network Contracting Office 10

d. 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 $75 million) or approve ($750K to $75 million) for other than full and open competition.

Gerald F. Jacobs Date Acting Executive Director Regional Procurement Office Central

Katherine A.

Masko 990665

Digitally signed by Katherine A.

Masko 990665 Date: 2023.09.27 16:29:01 -04'00'

Brian S. Kish 217044

Digitally signed by Brian S.

Kish 217044 Date: 2023.09.27 16:36:56 -04'00' 9/27/23

SCOTTIE

PARAMOURE

Digitally signed by SCOTTIE

PARAMOURE

Date: 2023.09.28 08:29:17 -04'00' 9/28/23

MARIE L.

SMITH 199285

Digitally signed by MARIE L.

SMITH 199285

Date: 2023.09.28 12:51:41 -04'00'

9/28/23

GERALD JACOBS Digitally signed by GERALD JACOBS Date: 2023.09.28 16:23:08 -05'00'