J_A Direct Award Correct Fire Walls and Doors.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C259-22-AP-4985 Tracking Number: 2022-12-19T06:07:37

1. Contracting Activity:

Department of Veterans Affairs, Network Contract Office (NCO) 19, Construction Contracting Team, 6162 South Willow Drive, Suite 300 Greenwood Village, Colorado 80111, on behalf of the Engineering Department, Oklahoma City Veteran Affairs Medical Center (VAMC), 921 NE 13th

Street, Oklahoma City, OK 73104.

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

This is a request for a new, sole source, firm fixed price contract to a Service-Disabled Veteran Owned Small Businesses (SDVOSB). The Contracting Officer's (CO) determination to issue a sole source contract award is a business decision, wholly, within the discretion of the CO. This decision is made to ensure timely award and mobilization on the project. A determination that only one SDVOSB concern is available to meet the requirement is not required.

The proposed awardee, Arlos Group (formerly Marseal Group) is a SDVOSB company.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The Oklahoma City VA Healthcare System has a need for construction services for the correction of fire doors and walls. The contractor will correct all fire door and wall deficiencies as described in the drawings and specifications. The contractor shall implement phasing to ensure construction will not impact or impede the VAMC’s mission to provide care to veterans. Verification of all existing conditions shall be noted by the contractor.

The estimated period of performance is (one hundred eighty) 180-Calendar days from the Notice to Proceed (NTP), with a total cost estimate of

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):

This is a sole source acquisition IAW VAAR 819.7007. IAW VAAR 819-7007 Sole source awards to a verified SDVOSB, the CO may award a contract to an SDVOSB, concern on a sole source basis, provided:

The anticipated award price of the contract, including options, will not exceed $5 million

The SDVOSB concern has been determined to be a responsible contractor with respect to performance

Award can be made at a fair and reasonable price

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:

The Government intends to negotiate a sole source contract to a SDVOSB in accordance with Veterans First Contracting Program and the Authority under 38 USC 8127-8128 (Sections 502 and 503 of Public Law (P.L.) 109-461), FAR Part 6.302-5(b) (6), and VAAR 819.7007.

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

The final contract price will be fair and reasonable by a comparison of historical pricing for similar services. Market research to compare the prices offered to prices paid during seven other similar services by multiple on-site contractors, at the same location show that the price being paid by the government is fair and reasonable for this procurement IA W FAR 13.106-3(a) and FAR 13.5.

The proposed awardee, Arlos Group (formerly Marseal Group), has successfully completed at least two over SAT projects for the VA and 2 over SAT projects for other entities. The construction magnitude for the projects below is between . The two projects outside of the VA are within the project magnitude of this project and both were highly rated (very good and excellent) by the project administrators.

Replace Prosthetics Dust Collector Electra ISD Roofs 36C25921C0136 Contract ID #106

Correct Research Ventilation Electra Memorial Hospital Portfolio 36C25921C0098 Contract ID #110 (MEP, HVAC, and Roof)

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

To ensure opportunities are available to the broadest number of verified SDVOSB's, this authority is to be used judiciously and only when in the best interest of the Government. A VetBiz search was performed and 24 SDVOSBs were identified in the Oklahoma area under NAICS: 236220. An SBA Quick Market search was also performed and 47 SDVOSBs were identified in the Oklahoma area under NAICS: 236220. However, due to the time sensitivity of this project, Arlos Group was selected because of their known past performance and availability to perform at the Oklahoma City VAMC.

Arlos Group 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:

This requirement is time sensitive as it is in response to findings of deficiencies in the OKC VA Medical Center’s fire doors and walls of Building 1 as outlined in the 2019 LSS Fire Stop Survey report. There are approximately 757 fire doors and frames in Building 1 as well as related wall systems that must be corrected to address the deficiencies and make the fire doors and walls