Justification and Approval_ 619A4-19-104.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For Other Than Full and Open Competition (<250K)

Acquisition Plan Action ID: ____36C247-25-AP-0991_____

1. Contracting Activity: Department of Veteran Affairs, VISN 7, Network Contracting Office (NCO), Central Alabama Veterans Health Care System - East Campus, 2400 Hospital Road., Tuskegee, AL.

36083.

2237: 619-25-1-5351-0001

2. Brief Description of Supplies/ Services required and the intended use/Estimated

Amount:

The project designated as 619A4-19-104 involves addressing deficiencies in the HVAC and Air Handling Units (AHUs) within Buildings 120 and 129. The objective of this initiative is to secure engineering services to support post-award activities pertaining to the associated construction contract. It is the intent to engage the architect-engineer (A-E) designer of record (DOR) for the entirety of the solicitation process and throughout the duration of the construction phase upon contract award. Although the construction timeline remains undetermined, the requisite services, once the project is scheduled and awarded, will encompass a range of tasks. These tasks include, but are not limited to, managing contractor Requests for Information (RFIs), conducting reviews of submittals, participating in essential site visits, and attending construction-related meetings. The goal of these activities is to ensure the DOR’s design is accurately implemented, adjusted, and interpreted, thereby facilitating the delivery of a fully operational facility that aligns with the original design specifications. Furthermore, the DOR will be responsible for executing any necessary design modifications.

The IGCE for this requirement is $159,918.85, the outstanding balance when the funds expired under the previous task order.

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

(X) (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;

( ) (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

4. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

Due to an interconnected design for Project 619A4-19-107; the original design is 75% complete. The pump house for this project will be included in the building filtration system. This was not completed before FY24 funds were swept on the original contract. BARRY DAVIS ARCHITECTS PC is the DOR for the subject project. The DOR performs site investigation, knows the basis for design decisions, and was intricately involved in project development. Not pursuing the DOR to complete the final design additional design cost to the government, and consequently impacting patient care and facility capacity.

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

Research Was Not Conducted:

The initial design was awarded to BARRY DAVIS ARCHITECTS PC under Contract/Task Order 36C24719D0018 and 36C24723N0489, utilizing the Architect-Engineer (AE) selection procedures specified in FAR 36.6. As the designer of record (DOR) has completed 75% of the design and is knowledge in the requirements needed to complete the design, there are no alternative sources available to solicit for construction period services. Any design firm seeking to engage with this project must possess comprehensive knowledge of all potential issues that may arise during the construction phase, as they will assume liabilities associated with all design aspects. Currently, no other firms are willing to accept this level of liability, and no other organizations have demonstrated the requisite capability to undertake this responsibility. A notice of intent to sole source was published on Jan 2, 2025 with no responses.

6. Contracting Officer’s Certification:

I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. The anticipated cost is considered fair and reasonable based on the comparison to the independent cost estimate, previous contract/task order pricing, and historical procurement of similar projects.

Margaret Yeaton, Contracting Officer