J_A 36C25722P0497_Fire Alarm _ Sprinkler System Service.pdf

Effective Date: 02/01/2022 Page 1 of 2

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C257-22-AP-5591 RPO-W JOFOC Log Number: 2022-10-19T07:00:35

Contracting Activity: Department of Veterans Affairs, NCO 17, for VISN 17, VA North Texas Health Care System. 2237 # 549-22-4-5096-1229.

Nature and/or Description of the Action Being Approved: Network Contracting Office 17 intends to award a new firm-fixed-price bridge contract action to Veteran’s Fire & Life Safety, a Service-Disabled Veteran Owned Small Business (SDVOSB). This action will serve to bridge services while the long-term action is solicited and awarded.

Description of Supplies/Services Required to Meet the Agency’s Needs: The purpose of this contract is to provide comprehensive life safety fire alarm system and sprinkler suppression systems repair, maintenance, inspection, testing and modification/installation for all building on the Dallas, Bonham, Garland, Grand Prairie campuses, Veteran Resource Center (Herzog and all surrounding buildings) and TR houses in the NTVHCS. The anticipated value of this action is $55 , 0.00 with a three-month period of performance beginning September 30, 2022.

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):

The agency had a contract with Veteran’s Fire & Life Safety to provide Fire Alarm & Sprinkler Maintenance Services for the North Texas Health Care System. However, that contract was protested at the GAO level and a “stay of performance” was issued to the awardee on 09/30/2022. A long-term competitive contract action is in development but is not yet ready for award. For this reason, a short-term contract action is required. Retaining the incumbent to bridge services is in the best interest of the government.

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: No efforts were made to solicit offers from other potential sources for this short-term bridge contract action. However, the government is in the process of conducting a long-term follow-on competitive action.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Pricing of this bridge contract is consistent with the protested award and is therefore considered fair and reasonable.

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

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was not conducted as this is only a three-month bridge contract. A long-term competitive action is being worked and will replace this action. Veteran’s Fire & Life Safety has met the eligibility criteria outlined in VAAR 819.7003, they are verified in VIP and the action is below the $5M threshold.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The authority to conduct this action can be found under 38 USC 8127(c).

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None as the Contracting Officer did not seek any other interested sources for this short-term contract action.

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 agency is in the process of conducting a competitive long-term action.

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.

Mark Christian Date Construction Control Reengineering Dallas VAMC

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.

Joseph A. Leyte Date Contracting Officer

NCO 17

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.

Date

Branch Chief

NCO 17

10/19/2022

10/20/2022