JA Part819.7008-7009_Atch1_IAW_FAR6.302-5_VAAR_819.7008-7009 COMPLETE.pdf

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 04

Effective Date: 11/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C250-26-AP-0681

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Network Contracting Office (NCO)

10. 3140 Governor’s Place Blvd, Suite 210, Kettering, Ohio 45409. Dayton VA Medical Center

(VAMC).

PR – 552-26-1-6942-0001

2. Nature and/or Description of the Action Being Approved: The proposed action is for a sole source contract for the EHRM Installation of DDPO at the Dayton VAMC. The contract will be awarded as a new, firm-fixed-price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: EHRM Installation of DDPO located at the Dayton VAMC. The contractor shall provide and install normal and emergency power outlets, data drops, and required equipment bracing to support EHR equipment deployment on the Dayton, OH campus as shown and described in the project drawings and specifications. A list of data drops and power outlets is provided in SOW.

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 819.7008 (DEVIATION) or VAAR

819.7009 (DEVIATION)- up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or

( ) 819.7009 Sole source awards to a certified 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):

VAAR 819.7008 allows sole source awards to SDVOSB/VOSB based on 38 U.S.C. 8127(c) and that the

SDVOSB/VOSB concern has been determined to be a responsible source with respect to performance.

Due to the expedient nature of this procurement, it being under the Simplified Acquisition

Threshold, the CO is choosing to acquire using a SDVOSB vendor using RFO FAR 6.103-5 Authorized or required by statute, using VAAR 819.7008 Sole source awards to verified service-disabled veteran-owned small businesses.

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 FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

It is the Contracting Officer's opinion that due to the expedient nature of this procurement, it is in the best interest of the Government to award a Sole Source using the justification found in VA https://www.va.gov/oal/library/vaar/vaar819.asp#8197008 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009 https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

Effective Date: 11/15/2024

Acquisition Regulation (VAAR) 819.7008 Sole source awards to verified service-disabled veteran-owned small businesses, solidified by RFO FAR 6.103-5 Authorized or required by statute.

FAR RFO 5.101(b) gives an exemption to posting a pre-solicitation notice, a pre-solicitation notice will not be issued.

FAR RFO 5.201(b) gives an exemption to posting a solicitation notice, a solicitation notice will not be issued.

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

Reasonable:

The Government will evaluate the proposed price against the IGCE and similar projects awarded recently. Additionally, the Contracting Officer will use any other price analysis techniques in RFO FAR

15.404-1 to determine the price to be fair and reasonable.

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

Market Research was conducted to see available vendors in the marketplace. Due to the expedient nature of this procurement, the CO chooses to use a SDVOSB vendor using RFO FAR 6.103-5 Authorized or required by statute, using VAAR 819.7008 Sole source awards to verified service-disabled veteran-owned small businesses.

The vendor met eligibility criteria outlined in VAAR 819.7003(DEVIATION), they are certified in SBA

Small Business Search and the action is below the $5M threshold.

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

None, VAAR 819.7008 allows sole source awards to SDVOSB/VOSB based on 38 U.S.C. 8127(c) and that the SDVOSB/VOSB concern has been determined to be a responsible source with respect to performance.

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:

Market research will be conducted to identify potential sources for any future work of this nature.

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3

Effective Date: 11/15/2024

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 Fienhold Date Chief, Facilities Management Service

Dayton 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.

Jeremy Nee Date Contracting Officer

NCO 10

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