Justification and Approval_619-25-905.pdf

36C247-25-AP-4437 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C247-25-AP-4437

1. Contracting Activity

Department of Veterans Affairs, Network Contracting Office (NCO) 7, located at 501 Greene Street in Augusta, GA, in support of VISN 07 Central Alabama Veterans Health Care System (CAVHCS) at 215 Perry Hill, Montgomery AL 36109. This information is for 2237 number 619-25- 4-5303-0951.

2. Nature and/or Description of the Action Being Processed

This proposed contract is new and not directly related to other work in process. It will be a Firm Fixed Price construction contract to complete water leak repairs.

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

CAVHCS has urgent need of repair of an active water leak near the onsite credit union. The contractor will be required to find the water leak and replace any fittings and piping as necessary to avoid future leaks. The estimated value is $66,621.00. The estimated performance period is completion within three weeks (21 days) after Notice to Proceed (NTP).

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

(X) (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;

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 underground water leak on the Montgomery campus is resulting in water discharge from a manhole into the roadway. This condition presents an immediate threat to the facility's infrastructure and the safety of individuals utilizing the street and sidewalk. The presence of standing water beneath the surface indicates a high risk of soil saturation that could lead to erosion of infrastructure. If not promptly remedied, this could cause significant structural damage, ongoing water leakage, and pipeline failures, thereby increasing repair costs and complexity. Additionally, the standing water and potential increase in surface water resulting from the leak may serve as breeding grounds for pathogens, creating potential health hazards.

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In consideration of the facts above, rapid repair is essential to prevent the spread of disease and to ensure a safe environment for VA staff and the surrounding community. Further delay could result in damage to the existing piping and may lead to water interruption on the entire campus.

A reputable, capable contractor who is familiar with the facility and its conditions is needed to address this problem as soon as possible. Coburn Contractors LLC, a Service-Disabled Veteran Owned Small Business (SDVOSB), exhibits good past performance, is known to the facility leadership for their capabilities and familiarity with the facility, and is immediately available to assist CAVHCS with this emergency. Given these characteristics, the Government believes it is in its best interest to establish a Sole Source contract with Coburn Contractors LLC for this project’s repairs.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable

Given the urgent need of this requirement, it is deemed unreasonable to solicit from more than one offeror as permitted by FAR 6.302-2. FAR 6.302-5 also allows for Sole Source contracts to be awarded as authorized by applicable statutes, which includes VAAR 819.7008, Sole Source Awards to Verified Service-Disabled Veteran-Owned Small Businesses. For both of these reasons (i.e., FAR 6.302-2, and FAR 6.302-5 supplemented by VAAR 819.7008) the Government may Sole Source to an SDVOSB such as Coburn Contractors LLC as opposed to using standard solicitation procedures.

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

Reasonable

The Government will use the Independent Government Cost Estimate (IGCE) to determine if the price provided by the offeror is fair and reasonable in accordance with (IAW) FAR 15.404- 1(b)(2)(v). Other price analysis methods listed under FAR 15.404-1(b)(2) may be used as well.

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 the Small Business Administration’s (SBA) Small Business Search tool was used. It was noted that numerous potentially capable SDVOSB vendors existed within the Alabama area and were certified under NAICS 236220. These vendors may have been willing to provide offers on a similar requirement that was not urgent in nature. Given the quick turnaround needed, only Coburn was contacted as explained

Note: applicable Buy American and Trade Agreement clauses are to be included in the forthcoming contract.

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

Coburn Contractors LLC (SDVOSB)

10. 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

For future acquisitions, the Contracting Officer (CO) can enter into negotiations with different SDVOSB contractors to ensure the appearance of partiality is not shown to one particular SDVOSB contractor over another.

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11. 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.

Destiny Hardy Contracting Officer’s Representative CAVHCS Engineering

12. Contracting Officer Certification

I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Gregory Snyder Contracting Officer

NCO 7