JA - (FCO redacted).pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 10 Page 1 of 3 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C263-21-AP-0473

1. Contracting Activity: Department of Veterans Affairs (VA), Network Contracting Office 23, 111

South 18th Plaza, Suite C38, Omaha, NE 68102. The transaction number (2237 form) is 568-21-2- 9976-0003.

2. Nature and/or Description of the Action Being Processed: This justification is in support of a firm-fixed-price contract for an Architectural-Engineering (A/E) firm to refresh a 100% A/E design that was completed in 2018 for project number (PN) 568-14-110 to renovate and consolidate inpatient functions.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The proposed action is for

A/E services that are required to refresh a 100% design set completed in 2018 for PN 568-14-110 to renovate and consolidate inpatient functions in building 113 at the Fort Meade VA Medical Center.

The design refresh is due to changes caused by COVID-19, Electronic Health Records Modernization, and code updates. The estimated value for the design refresh is , construction period services (CPS) (optional service), and commissioning services (optional service) giving the contract a total estimated value of .

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

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This procurement requires the design refresh and CPS of PN 568-14-110 to renovate and consolidate inpatient functions in building 113 at the Fort Meade VA Medical Center. Stone Group Architects was competitively awarded the A/E design for this project under contract VA263-17-C-0081 and successfully completed the 100% design set in 2018. Stone Group Architects has unique knowledge of the structural, electrical, HVAC, and plumbing systems of building 113 due to the time spent designing this project. No other A/E firm has the same knowledge and understanding of this project for both the design and CPS. Using an A/E firm other than Stone Group Architects will result in a substantial duplication of cost to the government.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Given that it would be highly unusual for another A/E firm to take on the responsibilities, which are generally incidental to an overall agreement for preparation of plans and specifications (i.e., liabilities), it is determined that soliciting from additional sources would not be practicable or in the best financial interest of the government as identified in section 5. To verify

OFOC SOP Revision 10 Page 2 of 3

Revision 10 Date: 09/10/2020 this determination a special notice declaring the government’s intent to sole source this action was published through Federal Contract Opportunities (See sections 9 and 10).

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

Reasonable: The cost proposed by the A/E firm will be evaluated against both the VA’s independent government cost estimate and previous pricing in contract VA263-17-C-0081. The A/E’s price proposal will be determined fair and reasonable by a contracting officer prior to award. If fair and reasonable pricing cannot be achieved from this service disabled veteran owned small business (SDVOSB) A/E firm, this requirement will be cancelled and a new acquisition strategy will be utilized in a future procurement.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Per Public Law 109-461, the Veterans Benefits, Healthcare Information and Technology Act of 2006, Sections 502 and 503, the implementation of the Veterans First Contracting Program is mandatory, not discretionary and it requires the Department to apply the Rule of Two to all contracting determinations. In order to meet the Rule of Two, market research was conducted by performing a search for SDVOSBs within the state of South Dakota that perform A/E services. The search identified Stone Group Architects and three (3) other SDVOSB A/E firms.

None of these other A/E firms were determined to possess the unique qualifications to perform the services required as described in section 5 of this justification.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: A special notice declaring the government’s intent to sole source this contract was posted through Federal Contract Opportunities. It provided government contact information to any interested parties that felt capable of competing for this award. This served to meet FAR Part 5 publicizing requirements and solicit potential competition to verify determinations made in sections 5 and 8 of this justification.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None

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: No actions are planned due to this request for a sole source procurement.

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.

Justin Whitehead Date Engineering Program Manager VA BHHCS, Fort Meade, SD

12-28-2020 justin l.

whitehead 3373253

Digitally signed by justin l. whitehead 3373253 Date: 2020.12.28 12:49:58 -07'00'

OFOC SOP Revision 10 Page 3 of 3

Revision 10 Date: 09/10/2020

13. Approvals in accordance with the 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.

Cynda J. Rosa Contracting Officer NCO 23 Construction Team 2

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.

Gregg R. Sutcliffe Branch Chief

NCO 23 Construction Team 2

Cynda J.

Rosa 251646

Digitally signed by Cynda J. Rosa 251646 Date: 2020.12.29 15:51:10 -06'00'

Gregg R Sutcliffe 189759

Digitally signed by Gregg R Sutcliffe 189759 Date: 2020.12.30 09:21:13 -06'00'