J-A Sole Source - redacted.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP

Attachment 2: Request for Sole Source Justification Format >SAT

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

NRM Project 656-16-270

Renovate Building 4 Basement for Sterile Processing Services and Sterile Processing Department

Acquisition Plan Action ID: 36C263-20-AP-3477

1. Contracting Activity:

NCO 23 St. Paul

ATTN: Chris Gauthier

316 Robert Street N, Suite 506

St. Paul, MN 55101

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

Sole source procurement of A/E Construction Period Services and Site Visits to support construction of the subject project. This action is proposed to be a new firm-fixed price contract awarded for the NRM construction project to renovate Building 4 Basement for Sterile Processing Services and Sterile

Processing Department at the St. Cloud VAMC.

This document is a justification and authorization for construction period services and site visits as described by the A/E Scope of Work. The A/E contractor will be Four Front Design Inc. The estimated value of the contract is $280,884. The proposed contract duration is 675 calendar days from Notice to

Proceed. The estimated award date is July 1, 2020. The contract duration covers the bidding/award process, construction contract duration of 540 calendar days, and as-built drawing preparation.

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

A/E Construction Period Services and Site Visits are required to successfully administer the construction of the Building 4 SPS project. The need date of this service is estimated to be July 1, 2020, based on a summer construction solicitation period. See IGE narrative for estimate methodology of below total price.

ITEM QTY U/P TOTAL PRICE

A/E CPS and Site Visits 1 $280,884 $280,884

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;

OFOC SOP Revision 09

Original Date: 03/22/11

Revision 09 Date: 04/17/2020

( ) (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. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Four Front Design Inc is the only responsible source available to provide A/E Construction Period

Services and Site Visits for this procurement. The construction project that will be supported by these services is a very complicated project, including highly specialized equipment. Four Front

Design was contracted to prepare the construction drawings and specifications for this project, which included detailed coordination with multiple manufacturers of the specialized sterile processing equipment. The A/E Construction Period Services and Site Visits is a follow-on contract to the original design contract.

Award of these services to another A/E firm would cause both substantial duplication of cost to the Government and unacceptable delays in fulfilling the VA's requirements. Were another A/E firm to perform these services, the design team would need to invest substantial time familiarizing themselves with a design they did not perform. Considering the many disciplines involved, the size of the project and the amount of coordination that has been performed with the equipment manufacturers, this is likely to take each member of the team dozens of hours.

This investment in familiarization is one that Four Front Design would not have to make.

Unacceptable delays in fulfilling the VA's requirements is expected due to the additional familiarization that would be required if these services are awarded to an A/E firm other than

Four Front Design. If the A/E firm is not prepared at the time of award to attend the construction pre-bid conference, present the project to contractors and provide accurate answers to bidding questions, the construction procurement will likely be delayed. Any such delays will be avoided by awarding these services to Four Front Design.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Due to the authority used for this J&A (Only One Responsible Source), no efforts made.

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

Reasonable:

The Contracting Officer shall determine the estimated cost for this item will be fair and reasonable because the CO will thoroughly review, compare, and analyze the IGE and the support information the COR submitted with this J&A.

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 because only one A/E firm provided services to perform the design and prepare construction drawings and specifications. Four Front Design is the only A/E firm is the only responsible source available to provide A/E Construction Period Services and Site Visits

OFOC SOP Revision 09

Original Date: 03/22/11

Revision 09 Date: 04/17/2020

6/2/2020

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Shea Colby

Branch Chief

NCO 23

OFOC SOP Revision 09

Original Date: 03/22/11

Revision 09 Date: 04/17/2020

Date