Justification and Appproval 36C25021P0976.pdf

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

VHAPM Part 819.7007/7008 Page 1 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Requirement Title: Valet Support Service for Chalmers P. Wylie VAACC in Columbus Ohio

Acquisition Plan (ID Number): 36C250‐21‐AP‐2683

VA‐2237 (ID Number): 757‐21‐2‐641‐0102

1. Contracting Activity:

Department of Veterans Affairs Network Contracting Office (NCO) 10 260 East University Avenue Cincinnati, Ohio 45219‐2637

(513) 559‐3704 Station Code: 36C250

2. Nature and/or Description of the Action Being Processed: The purpose of this requirement is to execute an emergency sole source bridge contract urgently needed to ensure uninterrupted valet support service for Chalmers P. Wylie VA Ambulatory Care Center (VAACC) in Columbus Ohio. The reason for this bridge contract is due to a post‐award protest for the award of 36C25021P0015 under solicitation 36C25021Q0015 which requires a stay in contract performance of three (3) months pursuant to FAR 33.104(c) as supplemented in VAAM M833.104‐70(c) for post‐award protests.

The anticipated performance period for this emergency bridge contract is 1 April 2021 to 30 June 2021 which is estimated at $20,118.56 per month based the current pricing established on the incumbent in modification VA250‐16‐D‐0008‐P00005 which incorporates the most recent wage determination increase for this contract.

The time‐critical execution of this emergency bridge contract requirement to the incumbent SDVOSB in accordance with 41 USC §3304(a)(5) and 38 U.S. Code § 8127(c) as implemented by FAR 6.302‐5 (Authorized or Required by Statute) will allow the additional time needed to adjudicate this protest in order to complete the award of a 4‐year and 7‐month contract (base and options) in fiscal year 2021.

FAR 13.5 Simplified Procedures for Certain Commercial Items: This emergency bridge procurement will be 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: The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items necessary to provide valet support service for Chalmers P. Wylie VAACC in Columbus Ohio as established in the Performance Work Statement (PWS) and in accordance with terms and conditions established for COVID modified valet support service established in contract modification VA250‐16‐ D‐0008‐P00004.

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4. Statutory Authority Permitting Other than Full and Open Competition: The statutory authority for this action is 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 or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This emergency requirement is being executed IAW 38 U.S.C. 8127(c) and IAW FAR 6.302‐5(c)(2)(ii) for sole source award to an SDVOSB for which has been determined to be a responsible source with respect to performance and meets the eligibility requirements in VAAR 819.7003. This critical service involves COVID modified valet support service of veteran patients who require essential medical treatment. The timely execution of this urgent requirement is vital to ensuring uninterrupted service essential to the life, health and safety of veteran patients supported by Chalmers P. Wylie VAACC.

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: This emergency sole source bridge contract requirement to an SDVOSB is being conducted IAW 41 USC §3304(a)(5) and 38 U.S. Code § 8127(c) as implemented under FAR 6.302‐5 (Authorized or Required by Statute) which will be publicized IAW FAR 5.2. The timely execution of this urgent requirement is vital to ensuring uninterrupted service essential to the life, health and safety of veteran patients supported by Chalmers P. Wylie VAACC in Columbus Ohio. The SDVOSB incumbent contractor has the capability to perform this limited three

(3) month stay in contract performance at a fair and reasonable price as established in VA250‐16‐D‐ 0008‐P0005 in order to adjudicate the subject protest IAW FAR 33.104(c) as supplemented in VAAM M833.104‐70(c) for post‐award protests.

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

Reasonable: The fair and reasonable determination for this emergency bridge contract requirement is supported by the pricing established on contract VA250‐16‐D‐0008 which was competitively awarded. It is important to note that this established contract has a significantly longer performance period of a base plus four option years when compared with the relatively short 3‐ month performance period of this emergency bridge requirement. The ramp up costs associated with a short duration requirement of this type with any other contractor other than the SDVOSB incumbent was not feasible IAW FAR 33.104(c) as supplemented in VAAM M833.104‐70(c) for post‐ award protests. During discussions for this emergency bridge requirement the incumbent SDVOSB for this contract, In and Out Valet Company, confirmed that their price quote for the bridge would not exceed the pricing currently established on incumbent contract VA250‐16‐D‐0008 which was competitively awarded as an SDVOSB set‐aside.

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

Market Research Was Not Conducted: The market research conducted for this short‐notice bridge contract took into consideration the fact that the incumbent SDVOSB contractor has the staff in place to provide uninterrupted service for this short three (3) month bridge contract at a fair and reasonable price. The market research for this emergency sole source bridge requirement was conducted to ensure uninterrupted service for veteran patients supported by Chalmers P. Wylie

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Revision 03 Eff Date: 04/03/2020

VAACC pursuant to FAR subpart 10, VAAR Class Deviation 810.001‐70 and VHAPM Part 810.001. The results of market research found that none of the seven (7) other SDVOSB companies interested in this requirement where currently performing similar services for VA within this geographical region for this emergency bridge requirement.

The Vendor Information Pages (VIP) database was reviewed in accordance VAAR 819.73 to determine if there were two or more service‐disabled veteran‐owned businesses (SDVOSBs) and veteran‐owned small businesses (VOSBs) companies. This review found the incumbent SDVOSB In and Out Valet Company was the only SDVOSB within this geographical region in VIP interested in this requirement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The purpose of this requirement is to execute an emergency sole source bridge contract which is urgently needed to ensure uninterrupted service for Chalmers P. Wylie VAACC. The time‐critical execution of this emergency bridge contract requirement to an SDVOSB in accordance with 41 USC §3304(a)(5) and 38 U.S. Code § 8127(c) as implemented by FAR 6.302‐5 (Authorized or Required by Statute) will allow the additional time needed to execute a full and open competition for a four‐year and seven‐ month contract (base and options) in fiscal year 2021. Any lapse in this critical service could result in serious risk to the life, health and safety of veteran patients supported by this medical center.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The only SDVOSB who expressed interest in this short‐term bridge contract requirement is the incumbent:

‐ In and Out Valet Company (SDVOSB)

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: The government fully anticipates the follow‐on contract solicitation to this emergency sole source bridge action will result in a multi‐year contract that will be competed and awarded in fiscal year 2021.

Given the anticipated performance period for this bridge contract of 1 April 2021 to 30 June 2021, the estimated start date for the follow‐on requirement is 1 July 2021. In order to allow sufficient time for any potential awardee to ramp up operations, the government reasonably expects the follow‐on contract award by 7 June 2021. Please note that the follow‐on contract requirement shall be subject to availability of funds in accordance with FAR 52.232‐18 (Availability of Funds).

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.

Can Van 31 March 2021 Program Manager Chalmers P. Wylie VAACC

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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.

John M. Ryan 31 March 2021 Contacting Officer

NCO‐10