JOFOC Remodel Building 51 Signed.pdf

Rev: 13 Effective Date: 02/01/22 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C250-23-AP-1314

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Northern Indiana

Healthcare System (VANICHS), 1700 E. 38th Street, Marion, IN. Network Contracting Office

(NCO) 10. PR = 610-23-2-6901-0033.

2. Nature and/or Description of the Action Being Processed: The proposed action is for an EMERGENCY sole source contract for �610-20-522 Remodel Building 51, 1st Floor� at the VA Medical Center in Marion, IN. A Firm Fixed Price contract is in place, and the contractor started the project with a NTE of $1,250,000.00.

During the severe winter storm (Elliott) on December 23, 2022, the extreme cold weather caused the fire sprinkler system to break in three different locations that lead to major flooding in Building 51. Some of the repair was able to be done by in-house personnel;

however, based on the extreme damage, much of Building 51 will need to be repaired by an outside contractor.

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

Contractor will provide all labor, equipment, materials, and supervision necessary to complete the remodel of Building 51. This work will include a complete remodel of all architectural, mechanical, electrical, plumbing and fire protection on the 1st Floor of Building

51. This will also include the added drawing AD-AS1 (pg. 40) which describes the removal of the cove base and 24� of gypsum board from the floor up along with finishes for the conference room (100), office room (107), and corridor (C101).

All work to be completed at the VA- Northern Indiana Health Care � Marion Campus, 1700 E. 38th. Street, Marion, IN 46953.

Work is to be completed within 105 calendar days from notice to proceed, which should allow ample time for the project to be completed.

4. Statutory Authority Permitting Other than Full and Open Competition:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

(X) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

Effective Date: 02/01/22 Page 2 of 4

5. Demonstration that the Contractor�s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The time involved in bidding and awarding the project would delay the completion of the work needed now and impact operations on the Marion VA facility. This is an emergency requirement due to the safety of employees and visitors at the Marion Engineering office and shops.

Unless the necessary repairs are made immediately, hardwood flooring beneath the current facility flooring will begin to warp and buckle. The Electrical Supervisor Office, Transportation Supervisor Office, Chief Engineer Office and multiple shop personnel offices, along with the Engineering Conference Room, are currently unusable as the rooms and their equipment were damaged by all the water. Multiple areas with lighting have been affected due to many light fixtures being filled with water, and although the majority of these fixtures have drained, electricity has been turned off to prevent any dangers associated with the remaining moisture in these areas. In addition, the affected areas are now vulnerable to mold due to the amount of water damage that has occurred. The growth of mold will put everyone in these affected buildings at risk due to the high likelihood of the spores traveling through the ventilation system.

Several SDVOSB businesses were researched. First, JAB General Contractor LLC, was considered; however, they have several construction projects currently in progress at the VANICHS, and their bonding is at the max amount. Next, the government considered Armcorp Construction Inc., as they are the Job Order Contractor (JOC) for this station.

However, we have had several issues with schedules lagging behind and work has not been of the best quality. Thirdly, we considered Eagle Contractors Inc. They are currently involved in several projects in Marion and Indianapolis, IN, and they also are completing a short term needed project for Indianapolis. So, then we moved on to EGA Solutions, LLC. They are the best company to complete this emergency project because they are familiar with VANICHS campus, have completed a few successful projects at this campus, were able to have the needed workers and subcontractors on site immediately to start bailing water and trying to mitigate further damage.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Due to time constraints, the only potential sources considered were SDVOSB businesses in the immediate area having the capacity to begin work immediately. See paragraph 5 for market research conducted. If a repair like this comes up in the future, and it�s not an EMERGENCY, we will post the solicitation to allow competition.

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

Fair and Reasonable: At the point of award, based on the IGE of $1,246,388.43, the NTE of $1,250,000.00 is considered fair and reasonable. This estimate was developed from a collaborative effort between the AE design firm and Engineering Services. The AE provided an IGCE based on the overall scope of work, and Engineering incorporated additional items identified after the AE provided IGCE was submitted. The Contracting Officer will ensure through the use of price analysis techniques, such as comparison against the independent Government estimate and other price analysis techniques identified in FAR 15.404-1(b), that the final contract price will 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 and will be included in the project file. Although there are numerous companies available that can provide the requested services, this project is being awarded directly to EGA Solutions, LLC due to the emergent nature of this requirement. See paragraph 5 for market research �

Effective Date: 02/01/22 Page 3 of 4 companies researched were JAB General Contractor LLC; Armcorp Construction Inc.; and Eagle Contractors Inc.

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

The contractor selected is a local SDVOSB contractor that can be on-site immediately and provide the materials, labor, and equipment needed to complete the job. The time to utilize full and open competition would increase the risk of safety threats and the overall safety of all personnel in the immediate working area.

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

EGA Solutions, LLC. (SDVOSB), 546 S. 700 E. Marion, IN 46953.

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: Future non-emergent repairs of this type will be procured using a competitive process.

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.

Zachary McDaniel Date Assistant Chief, Engineering VANIHCS Marion, IN

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.

Julie A. Stout Date Contracting Officer Network Contracting Office (NCO) 10

Concurrences and Approvals:

Concur_____ Non-concur_____

Scottie Paramoure Date Division Chief, Construction & Leasing

1/26/2023

X

01/26/2023

Effective Date: 02/01/22 Page 4 of 4

Marie L. Smith Date Director of Contracting

Terry L. Spitzmiller Date Executive Director VHA Regional Procurement Office Central (VHA)