JA Sole Source SDVOSB- 36C247-22-AP-2273- Project 508-19-103 Correct Critical Roof Final BK 8.18.22.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C247-22-AP-2273 Project No: 508-19-103 Correct Critical FCA Roof Deficiencies, Bldg. 1 and T13

1. Contracting Activity:

Department of Veterans Affairs, Veterans Health Administration, Network Contracting Office 7, for the Atlanta VA Health Care System .

2237: 521-22-3-5884-0037

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

This is a requirement for award of a new firm-fixed price contract under other than full and open competition for the procurement of construction services to correct roof deficiencies for building 1 and Tl3 at Atlanta Veteran Health Care System.

Proposed award for this requirement is to Spees-Hernandez N2, LLC., a verified Service Disabled Veteran Owned Small Business (SDVOSB) concern.

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

The scope of work for this requirement includes all labor, material, equipment, and supervision to provide a complete roof repair and replacement for Buildings 1 and Tl3. The work includes the complete removal of existing roof system installation and replacement with modified bituminous sheet roofing on new roof and deck insulation, cover board, and base flashing on contractor prepared concrete and metal deck substrate. The work also includes asbestos abatement, removal of existing abandoned HV AC equipment, relocation and raising of existing rooftop unit curbs, gas lines and associated connections, temporary relocation of antenna systems, inspection, and certification of existing eye bolts, installation of new fall protection guard rail systems, modification of drainage outlets, installation of new roof drain assemblies, installation of new fabricated joint expansion systems, installation of new volume dampers, air flow monitoring station, and duct detectors, enlargement of existing scupper openings, temporary shoring, demolition and replacement of overhead ductwork, enclosures, and water tight doors, to include installation of new duct support structure, structural framing, and members. Engineered structural shop drawings with load calculations to be provided by the contractor. Contractor to phase the work to limit the air handler shutdown time for connection of ductwork to building and existing ducts to 6 hours performed during the winter (non cooling) season and to non-business hours and weekends.

The building roofs are in very poor condition and they needed to be replaced many years ago.

The current roof conditions are creating significant issues such as leaking and water damage which directly impact staff and patient care areas. Critical safety issues related to water

Effective Date: 02/01/2022 Page 1 of 5

Acquisition Plan Action ID: 36C247-22-AP-2273 Project No: 508-19-103 Correct Critical FCA Roof Deficiencies damage include interior mold and mildew spread, electrical wiring and electrical vulnerabilities to water, slip and fall hazards, and compromised structural integrity which will be solved when the roofs are replaced.

The period of performance is 270 days after issuance of the Notice to Proceed.

The Independent Government Estimate for this project is $4,954,630.00.

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 V AAR 819.7007 or 819.7008 up to $5,000,000. Check the specific V AAR 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 or Nature of the

Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Spees- Hernandez N2, LLC., is a verified SDVOSB and a small business under NAICS code

236220. Hernandez Consulting Inc, a partner, has successfully completed numerous contracts for VISN 7. Hernandez Consulting Inc, is aware of the project requirements since and can provide pricing to enable award this fiscal year 2022. It is also expected that the VA will realize reduced administrative cost in the solicitation and award. The CO is recommending an SDVOSB sole source to Spees-Hernandez N2, Inc. based on the aforementioned. The Contracting Officer has determined that Spees-Hernandez JV2, LLC., is qualified as a SDVOSB which was verified through a check on SAM.gov and www.vetbiz.va.gov registration against NAICS code 236220. One of the Joint Venture's partners is Hernandez Consulting Inc., who has provided excellent services based on the company's past performance on various contracts completed throughout VISN 7.

A separate determination of the contractor's responsibility has been made in accordance with

FAR 9. A sole source award is proposed pending negotiation of a fair & 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:

While there are other contractors listed on Vetbiz.gov, a determination that only one

SDVOSB concern in available to meet the requirement is not required per the authorities cited in paragraph 5.

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Acquisition Plan Action ID: 36C247-22-AP-2273 Project No: 508-19-103 Correct Critical FCA Roof Deficiencies

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

Reasonable:

Based on the authorities cited in this justification, a sole source award to Spees-Hernandez

N2, LLC. is proposed pending negotiations of a fair & reasonable price. It is expected that negotiations will result in a cost which compares favorably to the Independent Government

Estimate. A certificate of current cost or pricing data as required per FAR 15.406-2 will be requested after negotiations are completed and will include in contract file.

8. Description of the Market Research Conducted and the Results, or a Statement of the

Reasons Market Research Was Not Conducted:

The VIP database was queried in accordance with V AAR 810.001, Market Research policy and shows various SDVOSB listed for the applicable NAICS code. Veterans Spees

Hernandez N2, LLC is listed in the VIP database along with other multiple SDVOSB concerns.

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

Per authorities cited in paragraph 5, the Contracting Officers Determination whether to make a sole source award is a business decision wholly within the discretion of the Contracting

Officer.

IFB 36C24722B0020 was issued for this project against VISN 7 Construction Multiple

Award Task Order Contract (MATOC) on Feb 25, 2022. Two contractors submitted bids on

May 6, 2022. On Jul 8, 2022, funds were finally received to award the task order for the low bid. However, at the time funds were received the low bidder was no longer a small business against the IFB's NAICS code of 236220 and per legal award could not be made to them.

The second bid could not be determined fair and reasonable due to a significant price difference; therefore, on Aug 10, 2022, the IFB was canceled.

The CO has determined a sole source contract with Spees-Hernandez N 2, LLC is in the best interest of the VA based upon funding availability and the facility's need to obtain the critically needed repairs to the roofs without missing another winter cooling season. If not awarded this FY, the construction would not start until FY 2024 at the earliest.

Furthermore, an increase is anticipated in construction costs due to nationwide inflation if further delays are encountered with this requirement.

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Acquisition Plan Action ID: 36C247-22-AP-2273 Project No: 508-19-103 Correct Critical FCA Roof Deficiencies

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Hernandez Consulting Inc. I Structural Builders Inc.lSpees-Hemandez N2, LLC.

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:

Any future SDVOSB sole source awards in the best interest of the VA will be rotated to other

SDVOSB's determined responsible.

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.

TROY J. MARTINSON Digitally signed by TROY J.

MARTINSON 732491

7 3 2 4 91 Date: 2022.08.15 12:04:35 -04'00'

Troy Martinson, PE Chief, Engineering Services Atlanta V AMC

Date

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.

MARGARET J.

Digitally signed by MARGARET

J. YEATON 1549339

YEATON 1549339 �����7022.oa.1516:22:47

Margaret J. Yeaton Contracting Office NC0-7, Construction Team West

Effective Date: 02/01/2022

Date

Acquisition Plan Action ID: 36C247-22-AP-2273 Project No: 508-19-103 Correct Critical FCA Roof Deficiencies

b. One Level Above the Contracting Officer {Required over SAT but not exceeding $7501(): I certify the justification meets requirements for other than full and open competition.

ELISSA GOODMAN

Elissa Goodman Branch Chief VISN-7, Construction Team West

Digitally signed by ELISSA GOODMAN

Date: 2022.08.16 1 5:28:46 -04'00'

Date

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

Date Joseph P. Maletta Executive Director, RPO East VHA Head of Contracting Activity (HCA)

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