JOFOC - FINAL.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of Acquisition ID: 36C242-26-AP-0093 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: 36C242-26-AP-0093

1. Contracting Activity: Department of Veterans Affairs, Network/Program Contracting Office 02, located at 2875 Union Road, Suite 3500 Cheektowaga NY 14227, in support of Albany VA Medical Center 113 Holland Avenue, Albany NY 12208.

2. Nature and/or Description of the Action Being Approved: This is a request for other than full and open competition for the procurement to upgrade the paralleling switch gear located at the Albany VA Medical Center. The proposed construction contract shall be provided by BLUEWAY ONE JV LLC.

The upgrade shall include all necessary labor, materials, equipment and transportation for an estimated cost of $

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The required upgrades to paralleling switch gear shall consist of:

Furnishing and installation of a 1600A Eaton Magnum DS circuit breaker in cell 52D19 (Cell 8B) of the switchgear. This requires modification of the breaker cell for the 1600A breaker to fit.

Adding a 52D19 breaker to the existing Maverick Power monitoring and control system Installation of conduit and cabling to and from the 52D19 breaker for both power and controls.

The paralleling switch gear to be modified is a part of the Albany Medical Center’s emergency generator system and will require the emergency generator to be offline while the work is performed. To avoid multiple shutdowns to the Albany Medical Center’s emergency generator system, greatly impacting medical center operations, these upgrades shall occur at the same time as the modifications to the switch gear required by contract 36C24224C0150 Replacement of the Main Boilers awarded to BLUEWAY ONE JV LLC, a VOSB, on 09/30/2024.

This upgrade of the Albany VAMC’s parallel switch gear shall be completed within 120 days for award for an estimated cost of with an estimated award date of 09/15/2025.

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:

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

(X) 819.7009 Sole source awards to a certified veteran-owned small business

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of Acquisition ID: 36C242-26-AP-0093 Effective Date: 11/15/2024

Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): No SDVOSBs or VOSBs were identified that were capable of performing the services required for this procurement other than BLUEWAY ONE JV LLC, a VOSB. They are currently contracted to perform modifications on the paralleling switch gear under contract 36C24224C0150 and are capable of performing the upgrades required with a full understand and knowledge of VA requirements. The work under this project is critical to complete prior to award of two additional projects as outlined in section 9.

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: An intent to sole source notice (36C24225Q0745) was posted on 07/09/2025 through 07/23/2025. Additionally, an SBA Small Business Search was performed.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Price reasonableness shall be determined through comparison of the quoted price to the IGCE and shall be reviewed by the facility’s engineering department.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: An SBA Small Business Search using NAICs code 238210, limiting the search to contractors located within the region (NY, NJ, CT and PA) due to the timeline and coordination constraints identified 0 vendors that could possibly fulfill this procurement. An intent to sole source notice (36C24225Q0745) was posted on 07/09/2025 through 07/23/2025 in which zero (0) responses were received. BLUEWAY ONE JV LLC, a VOSB, who is currently under contract to provide construction services at the facility was asked and stated that they were capable and interested in performing the work.

Any Other Facts Supporting the Use of Other than Full and Open Competition: During the submission phase of contract 36C24224C0150, the electrical sub-contractor informed the Facility Engineering Department that the modification needed to be performed on the paralleling switch gear under the contract would require the complete shut down of the facilities emergency back-up generator system for at least a twelve hour period to complete the work. This would mean the whole facility would be without emergency backup power for a significant amount of time, jeopardizing patient care and creating a major disruption to facility operations as no medical procedures could be performed and the hospital would have to go into diversion during this time period. Due to the magnitude of the disruption working on this system would cause, the facility reviewed all planned future projects and inspected the condition of the paralleling switch gear to determine whether any modification to the switch gear would be needed to support planned future projects. The Facility Engineering Department determined that the current configuration of switch gear would need to be modified to meet the energy needs of two future projects: 528A8-18-801 Cardiac Cath/IR and 528A8-26-801 Upgrade and Expand Chiller Plant. The purpose of this project is to perform the required modifications needed to complete the two projects listed previously in tandem with the modification to the switch gear required complete contract 36C24224C0150 to avoid multiple shutdowns of the hospital’s emergency power system in the next 5 years that create major disruptions to facility operations and jeopardize patient care.