JOFOC Sig PKG - NIHCS Replace Sewer Pipes 610-22-539 - 9-13-22_HCA.pdf

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VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Request for Sole Source Justification

OFOC SOP Revision 11 Page 1 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C250-21-AP-6120

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 = 610-22-2- 6902-0116.

2. Nature and/or Description of the Action Being Processed: The proposed action is for an EMERGENCY sole source contract for “610-22-539 Replace Sewer Pipes, B-174 (EMERGENCY)” at the VA Medical Center in Marion, IN. In order for the contractor to begin immediately, this contract will be for a new firm fixed-price with a Not to Exceed value of $915,000.00.

On August 31, 2022, the Plumbing shop informed Engineering leadership that the sanitary sewer pipes were bursting mostly pin-hole sized leaks across the entire ECC (Equipment Control Center) at Building 174 (Dietetics). Upon investigation it was determined that a sanitary sewer clog exiting the building caused a backup in the system. As grinder pumps in the basement sewage pit began overworking due to high float alarms, it caused the system to become pressurized and resulted in the 27-year-old deteriorating system to spring leaks throughout the system.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Contractor will provide all labor, equipment, materials, and supervision necessary to replace all cast-iron sewer pipes in Building 174. This building is typically occupied by close to 20 staff but also contains a dining rooms utilized by Veterans for meal service. This service is currently unable to be relocated due to the fact there is specialized equipment housed in the kitchen for preparation of meals at this facility. This sewer system supports the critical infrastructure at Building 174 and is critical for patient care. This system leak has the potential take Building 174’s critical HVAC equipment out of service if the failing sewer system is not repaired. Work is to be completed within 120 calendar days from notice to proceed.

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;

OFOC SOP Revision 11 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 patient care and operations on the Marion VA facility. The cast iron sewer piping in Building 174 serves the Nutrition and Food Service (Dietetics) kitchen which provides meals for all of our in-patient Veteran population at the facility. If this sewer piping is not corrected it will cause portions of the building to be required to be closed down which will directly affect our ability to provide meals to the inpatient Veteran population at the Marion Campus. Additionally, the leaks that are occurring are over critical infrastructure located in the basement of Building 174. This infrastructure includes electrical panels and HVAC equipment. The HVAC equipment located in the basement serves not only Building 174, but the entire main complex of the Marion Campus which is where all care is being provided to Veterans both inpatient and outpatient. If this HVAC system were to go down, it would require the facility to be shut down as we would not be able to provide adequate cooling to the facility. This is an emergency requirement due to the safety of employees, patients, and visitors at the Marion Campus. This work is critical and must be completed now to ensure the Medical Center is fully operational. “JAB General Contractors, LLC.” is on-site completing a separate steam pipe replacement project and is prepared to provide immediate service. JAB General Contractors has completed many repairs of this nature in the past and are thoroughly familiar with the piping system that must be replaced.

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. 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: 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 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 solicited directly to JAB General Contractors, LLC due to the emergency nature of this requirement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The contractor selected is a local SDVOSB contractor that is already on-site and can immediately provide the materials, labor, and equipment needed to complete the job. The time required to utilize open competition would increase the risk of safety threats and the overall safety of all personnel in the immediate working area.

OFOC SOP Revision 11 Page 3 of 4

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: JAB General Contractors, LLC. (SDVOSB), 1605 N. 300 W. Marion, IN 46952.

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: This repair will prevent the need for additional future repairs of this sewage pipe. More frequent investigations of the sewage system will be scheduled and conducted to ensure conditions don’t reach this point before the necessary attention is provided to correct the issues associated with pipe leaks. When these issues are caught early on, there is significantly less urgency on having the work completed, which would allow ample time for bids to be solicited from multiple vendors and obtain adequate competition.

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.

_____________________________ Date:____________ Julie A. Stout Contracting Officer

Network Contract Office (NCO) 10

Concurrences and Approvals:

____________________________ Date:____________ Scottie Paramoure Division Chief, Construction & Leasing

Concur_____ Non-concur_____ https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

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9/12/2022

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OFOC SOP Revision 11 Page 4 of 4

_______________________________ Date:______________ Marie L. Smith Director of Contracting

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

VHACLESmitM2

9/13/2022

VHATVHSpitzT

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2022-09-12T12:33:08-0400

ZACHARY I. McDANIEL 176823

2022-09-12T12:45:30-0400

Julie A. Stout 356695

2022-09-12T13:02:25-0400

Scottie L. Paramoure

2022-09-13T08:54:21-0400

MARIE L. SMITH 199285

2022-09-13T14:16:37-0500

TERRY SPITZMILLER

9/9/2022

Market research with VIP

VIP JAB

VIP Market research

SHEET NO:

PROJECT NO:

610-22-539

TYPE OF ESTIMATE: ESTIMATE NO:

QUANTITY $/UNIT TOTAL QUANTITY UNIT $/UNIT TOTAL

Equipment

Rental $6,000.00 $36,000.00 $36,000.00

640 $60.00 $38,400.00 $38,400.00

1410 $57.07 $80,468.70 980 Ln. Ft. $56.10 $54,978.00 $135,446.70

3364 $57.07 $191,983.48 980 Ln. Ft. $68.99 $67,610.20 $259,593.68

690 $57.07 $39,378.30 1 Job $60,000.00 $60,000.00 $99,378.30

224 $57.07 $12,783.68 1 Job $800.00 $800.00 $13,583.68

420 $57.07 $23,969.40 1 Job $2,355.47 $2,355.47 $26,324.87

640 $38.81 $24,838.40 1 Job $5,000.00 $5,000.00 $29,838.40

$638,565.63

$734,350.47

$756,380.99

$832,019.09

$915,221.00

Construction

MATERIALS:

UNIT

ITEM:

Labeling of new Cast-Iron Sewer Pipes with Stickers.

Hrs.

Installation on new Cast-Iron Sewer Pipe Fittings. (Includes elbows, unions, wye's, traps, clamps, etc…)

PROJECT NAME:

LABOR:

DATE:

Thursday, September 1, 2022

ESTIMATOR:

Zach McDaniel

LOCATION:

NIHCS-VA Marion, IN

INDEPENDENT GOVERNMENT ESTIMATE

10% Profit

Building 174

TOTAL

10% Overhead

Installation on new Cast-Iron Sewer Pipes.

Bid-Bond = 3%

Replace Sewer Pipes, B-174 (EMERGENCY)

TOTAL COST

Lift Equipment Rental.

BUILDING NO./NOS:

Demolition of Cast-Iron Sewer Pipes. (Includes disposal off station).(Also includes sections of PVC from previouse repairs).

Night shift and weekend premium = 15%

Excavation 5 feet outside of the building to stub pipe. (Includes proper through wall/foundation booting, sealing and landscaping).

Site Supervision.

Housekeeping of job site. (This work involves Sanitary and will need to be kept clean).