JFOC CLC Chillers (signed).pdf

Effective Date: 02/01/2022 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: 36C248-22-AP-6220

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 8, James A.

Haley Veteran’s Hospital, 13000 Bruce B. Downs Blvd, Tampa, FL 33612

James A. Haley Veteran’s Hospital, Facility Management Services, 13000 Bruce B. Downs Blvd, Tampa, FL 33612.

2237# 673-22-4-6045-1071

2. Nature and/or Description of the Action Being Approved: Network Contracting Office 8 anticipates the award of a firm-fixed- price sole source contract with an estimated value of $560,020.00.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Contractor will remove and replace two worn out air-cooled chillers located at the Community living Center (CLC) at the James A. Haley VA Hospital. These chillers are suffering mechanical issues and are in danger of failing. The chillers model number is YCIV0247, they are 318 inches long and the replacement chiller must match these dimensions. The concrete pad in place is 330 inches long there is no facility construction modification necessary to swap chillers. Contractor shall verify all ancillary equipment/electrical components are in good operating condition in accordance with manufacture's recommendations. Contractor shall supply all labor, test equipment, tools, materials, replacement parts, oil, lubricants, supplies, software, transportation, supervision, and any other items and services necessary to accomplish this requirement

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 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR 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 and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority

(a) In accordance with the Veteran Affairs Acquisition Regulation (VAAR) Part 819.7007(a) Sole source awards to a verified service disabled veteran owned small business, a contracting officer may award a contract to verified SDVOSB concern using procedures other than competitive procedures provided -

(1) The anticipated award price of the contract (including options) will not exceed $5 million;

(2) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.301(d);

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and

i. OST Services has completed multiple construction contracts that are similar to the chillers replacement work require by the James A. Haley Veterans’ hospital.

Effective Date: 02/01/2022 Page 2 of 3

(b) The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. To ensure that opportunities are available to the broadest number of verified SDVOSBs, this authority is to be used judiciously and only when in the best interest of the Government.

(c) A determination that only one SDVOSB can meet the requirement is not required. However, in accordance with FAR 6.302-5(c)(2)(ii), contracts awarded using this authority shall be supported by a written justification and approval described in FAR 6.303 and 6.304, as applicable.

(d) When conducting a SDVOSB sole source acquisition, the contracting officer shall ensure the business meets eligibility requirements 819.7003.

OST Services is a Service Disabled Veteran Owned Business (SDVOSB) OST Services is listed as a verified SDVOSB in VIP database at: https://www.vip.vetbiz.gov OST Services does have the applicable NAICS 238220 and is registered in the VIP database with

NAICS 238220.

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 in Vetbiz.gov, a determination that only one SDVOSB concern available to meet the requirement is not required per the authority cited in paragraph 5. The estimated value of this requirement is greater than $25,000 and thus will be synopsized IAW Part 5.301(a) (1).

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

Reasonable:

The CO anticipates a fair and reasonable price to be achieved though price analysis of the contractor’s proposal in comparison with the Government independent estimate. Negotiations shall be conducted if unreasonable pricing is found.

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 VAAR 810.001, Market research policy. OST Services is listed in the CVE database as a Service Disabled Veteran Owned Small Business

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Under the authority granted by Public Law 109-461, the VA is authorized to set-aside contracts and/or award sole source awards to SDVOSB and VOSB firms. The current chillers are given signs that they are soon to fail (Large quantity of fine metal paste in the filter, and the coils are showing signs of deterioration) It will be unacceptable to allow veterans in the James A. Haley Community Living Center(CLC) to be negative affected by the chillers failure.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Not Applicable

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:

There are no barriers to competition. We are using the authority granted by VAAR 819-7007 sole source awards to service disabled veteran owned small business concerns as a tool for construction requirements to repair/fix facility deficiencies in an accelerated manner and to replace the chillers before complete failure.

http://www.vip.vetbiz.gov/

Effective Date: 02/01/2022 Page 3 of 3

WILLIAM M.

SIMMONS

1125411

Digitally signed by WILLIAM

M. SIMMONS 1125411

Date: 2022.08.26 10:02:29 -04'00'

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.

Juan Guzman-Camacho Supervisor James A. Haley VA Hospital

_26 Aug 2022 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.

KENNETH R.

CARYER 750743

Digitally signed by KENNETH R.

CARYER 750743

Date: 2022.08.26 07:52:20 -04'00'

26 Aug 2022

KENNETH R. CARYER

Contracting Officer James A. Haley VA Hospital

Date

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

MONTEZ SIMMONS Date Construction Team 2 Branch Chief

NCO-08

26 Aug 2022