JOFOC Generator PM and Repairs.pdf

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

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 4 Revision: 01 Effective Date: 01/01/2023

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C261-23-AP-1262, the J&A for Other Than Full and Open Competition Tracker number is FY24-NCO-21-2480.

1. Contracting Activity:

Department of Veterans Affairs, VISN 21, Veterans Affairs Northern California Health Care System (VANCHCS), Network Contracting Office (NCO) 21, 711 Kapiolani Blvd., Honolulu, HI 96813. The purchase request number is 612-25-1-613-0008.

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

This proposed procurement is for a firm fixed price contract for emergency generator and automatic transfer switches (ATS) listed in the Generator and ATS Inventory for VA Northern California Healthcare System (VANCHCS) facilities at Mare Island, Martinez, Mather, and Stockton as outlined in the Statement of Work (SOW). This is in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

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

This requirement is for the contractor to provide all labor, materials, equipment, supervision, administrative support, and any necessary engineering services required for the above services to ensure optimum generator and ATS operations capabilities. The resulting contract will be a base year plus a one-year option for a total of two years estimated at . The period-of-performance and values are as follows:

Period-of-Performance Description Value Base year: 10/01/24 – 09/30/25 Emergency generator and automatic transfer switches maintenance, testing, and repairs

Option Year One: 10/01/25 – 09/30/26 Emergency generator and automatic transfer switches maintenance, testing, and repairs

Aggregate

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 or 819.7009 up to $5,000,000. Check the specific VAAR clause used below:

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

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 4 Revision: 01 Effective Date: 01/01/2023

( X ) 819.7008 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7009 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):

Small Business Programs, Part 819. 7008 Sole source awards to certified service-disabled veteran-owned small businesses based on 38 U.S.C. 8127(c):

a. The proposed contractor is determined to be a responsible source with respect to satisfactory performance of such contract opportunity. The proposed contractor, EWA Direction, Inc., is satisfactorily performing chillers maintenance contract 36C26123P0019 in the amount of awarded for five years for the

VANCHS.

b. The anticipated resulting award price of the contract will exceed the simplified acquisition threshold (as defined in Section 134 of the Title 41) but will not exceed $5,000,000.00.

c. In the estimation of the Contracting Officer (CO), the contract award can be made at a fair and reasonable price that offers best value to the government. Comparison with historical pricing and the government estimate maybe used as basis to determine price fair and reasonableness.

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:

For purposes of this proposed procurement, no other sources were sought due to the reasons outlined in paragraph 5. However, the VA will continue to conduct market research to uncover other potential vendors who can compete for this requirement in the future.

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

Reasonable:

As stated, pursuant to FAR 6.303-2(b)(7), the CO has reasonable expectation that the prices on the resulting contract will be fair and reasonable based on reviewing historical prices on existing contracts or previously awarded contracts for same or similar services.

However, while the contracting officer has taken steps to ensure the cost is fair and reasonable, persistent inflation, on-going supply chain management issues, and staffing shortages have impacted material costs and near-term wages causing higher than expected costs from the contractor community for the past year.

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

Reasons Market Research Was Not Conducted:

Based on market research within the VetCert and the electronic Contract Management System (eCMS), there are more than two SDVOSBs that can provide this type of service.

However, due to the reasons stated in Paragraph 5, only EWA Direction, Inc., can fulfill the