J_A Other Than Full and Open- Approved.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Sole Source Justification Format >SAT

Rev: 13 Effective Date: 02/01/22 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C250-22-AP-3098

1. Contracting Activity: Department of Veterans Affairs, VISN 10, LTC Charles S. Kettles VA Medical Center, 2215 Fuller Road, Ann Arbor, Michigan 48105. The 2237 number is 506-22- 2-525-0192.

2. Nature and/or Description of the Action Being Processed: This is a request for a sole source for a new firm-fixed price contract to Quality Air Service, Inc. (6701 Quality Way, Portage, MI 49002; (269) 327-3055). FAR 13.5 Simplified Procedures for Certain Commercial Items: In accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Quality Air Service, Inc. will provide emergency and non-emergency service repairs/replacement to the Synergy system located at the LTC Charles S. Kettles VA Medical Center, Ann Arbor, Michigan. The system measures the air in the laboratory area to alert the staff of unsafe levels of naturally occurring air gasses and other harmful elements that may be present in the air circulating in this environment. A base plus three (3) year contract is being requested and the anticipated cost to the Government for the base and three year option period contract is $738,940.93.

4. Statutory Authority Permitting Other than Full and Open Competition:

( X ) (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 ( ) (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;

Rev: 13 Effective Date: 02/01/22 Page 2 of 3

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Quality Air Service, Inc. is authorized by four separate OEM entities (Strobic, AirCuity, Genesis Air, and Phoenix Controls) to perform work on their systems that comprise the Synergy system at the LTC Charles S. Kettles VA Medical Center. Quality Air Service, Inc. has been designated the exclusive authorized dealer for the entire State of Michigan by Strobic, Genesis Air, and Phoenix Controls. Furthermore, of the four entities, only Phoenix Controls is registered in SAM and would be capable of providing a portion of these services. As the other entities are not registered in SAM, they would not be able to provide services on their equipment, so it is essential that a third party be authorized to perform the work. Essentially, as the Synergy system is made up of Strobic, AirCuity, Genesis Air, and Phoenix Controls systems and Quality Air Service Inc. has been authorized by all four, they are in a unique position to easily provide the services required. Documentation noting Quality Air Service, Inc’s status as an authorized party to perform the services has been uploaded to the eCMS briefcase.

Accordingly, Quality Air Service, Inc. is the only firm capable of providing the services described in Section 3 above without the Veteran’s Health Administration experiencing a substantial duplication of cost that could not be expected to be recovered through competition.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A sources sought announcement was posted on SAM.gov on March 24, 2022 (36C25022Q0428) with a response deadline of April 1, 2022, and additionally, an intent to sole source was posted with an expiration date of April 22, 2022. No responses were received to these postings.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated cost to the Government will be determined to be fair and reasonable through pricing comparison with the current contract (VA250-17-C-0143) with Quality Air Service, Inc. for identical services. The Contracting Officer will compare the response in the RFQ with the contract costs in the previous contract to ensure that the pricing is fair and reasonable, and will also compare the RFQ to the IGCE.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The Contracting Officer searched the internet for applicable contracts or an open market competitor that could provide the services required and was unable to locate one.

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

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Quality Air Service, Inc.

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

Rev: 13 Effective Date: 02/01/22 Page 3 of 3 services required: The VA will research the market again prior to any future purchases for these services, but plans to take no immediate action to overcome any barriers to competition at this point.

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.

Jeff Means Date Engineer LTC Charles S. Kettles VA Medical Center

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.

Kelly Poole Date Contracting Officer Services Team #4 Network Contracting Office (NCO) 10

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.

Andrew J. Craig Date Branch Chief – Services Team #4

Network Contracting Office (NCO) 10

Andrew J.

Craig 1074724

Digitally signed by Andrew J. Craig 1074724 Date: 2022.04.26 07:53:56 -04'00'

KELLY

POOLE

Digitally signed by KELLY POOLE Date: 2022.04.26 09:28:18 -04'00'

Jeffrey A Means 288191

Digitally signed by Jeffrey A Means 288191 Date: 2022.04.26 09:44:18 -04'00'