Justification and Approval 619A4-19-107.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-0992

1. Contracting Activity: Department of Veterans Affairs, VISN 7, Central Alabama Veterans Health Care System, 2400 Hospital Rd., Tuskegee, AL 36083.

2237: 619-25-1-5223-0001

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

Project 619A4-19-107 Improve FCA Assessment Findings (Legionella) On Failing Plumbing Conditions

4. This requirement is to provide engineering services for post award activities associated with the construction contract awarded for subject design project. The intent is to retain the A-E designer of record (DOR) for the solicitation and for the duration of the project construction contract. The construction project is scheduled for completion 11/5/2025, subject to any potential modifications.

Required services include but are not limited to submittal reviews, responses to contractor Requests and const interpreted in order to deliver a complete and useable facility consistent with original design intent.

The IGCE for this requirement is $75,108.70, the outstanding contract balance when funds expired under 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:

The original design is 100% complete, but a recent FY24 design modification was not completed before FY24 funds were swept on the original contract. Construction Period Services are also incomplete, and they are still necessary for the construction project completion. BARRY DAVIS ARCHITECTS PC is the designer of record for subject project. The DOR performed site investigation, was intricately involved in project development, and knows the basis for design decisions. Not pursuing the DOR to perform the final modification completion and CPS for construction portion of the project may result in additional design cost to the Government, delay in construction time, and may ultimately impact patient care and facility capacity.

5. Description of market research conducted and results or statement why it was not conducted:

The original design was awarded under Contract/Task order 36C24718D0027 / 36C24719N0522 to BARRY DAVIS ARCHITECTS PC using AE selection procedures as outlined in FAR 36.6. Because the DOR designed the project, there are no other potential sources to solicit for construction period services.

Any prospective design firm will need to possess working knowledge of all issues that may arise and will assume the liabilities associated with all aspects of the design. No other firm appears to be willing to open themselves up to this liability, and no firm is reasonably capable of this.

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.

Contracting Officer