Justification and Approval for OFOC Chiller and Pump Repair HCA Signed.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C247 22 AP 5383

1. Contracting Activity:

Department of Veterans Affairs, Veterans Health Administration, Network Contracting Office 7, for the Birmingham VA Medical Center. Funding for this requirement has been provided via PR IFCAP # 521 22 4 5125 0260.

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

This is a requirement for other than full and open competition for the procurement of services to repair pumps and chiller #6 at the Birmingham VAMC.

Proposed award for this requirement will be a Firm Fixed Priced Contract to Veterans Elite, Inc., a verified Service Disabled Veteran Owned Small Business (SDVOSB) concern.

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

The requirement calls for the replacement of five pumps, to include pumps identified as: Zone 1 Pump, CCU5 Condenser Water Pump, CCU5 Primary Chill Water Pump, Zone 6 Pump, and CCU2 Primary Chill Water Pump. Chiller 6 repair; Eaton Variable Frequency Drive (VFD) replacement for booster pump; removal of the Automatic Tube Brushing Valve and replacement with 12” flanged spool pieces; install pump for Zone 4 (VA to provide pump); replacement of the 8” check valve for water pump condenser CW2; replacement of the 94 ton air cooled Chiller and water pump replacement of the existing sewage pumps and installation of six new high temp sewage ejection pumps; and removal and replacement of two pressure motive pumps for the Birmingham VA Medical.

The facility is experiencing recurring and frequent upsets within the HVAC/cooling system. This service package is imperative due to the fact Birmingham VAMC only has 2 out of 4 chillers functioning in their main chiller plant. This chiller plant supplies chilled water to the air handling units throughout the hospital to chill the facility. During summer months it is critical the facility has two chillers minimum at all times, but currently the facility is in an precarious situation because both of their redundant chillers are out of service. The repairs necessary to these two chillers and associated equipment along with a separate air cooled chiller that feeds an entire wing are included in this package and are all a necessity to the facility right now. The company quoted to perform the work currently does the general service contract on the facility’s HVAC system. They are the most knowledgeable and therefore it will take them less time to get up to speed and perform the necessary work to get the facility out of the current state where there is no redundancy and we are experiencing cooling issues regularly and hindering services to our veterans.

The period of performance for this requirment will be 60 days after award.

The Independent Government Estimate for this project is $994,000.00.

J&A | 36C247 22 AP 5383 - Chillers and Pumps Repairs

Rev: 13 Effective Date: 02/01/22 Page 2 of 4

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

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):

A separate determination of the contractor’s responsibility has been made in accordance with FAR

9. A sole source award is proposed pending negotiation of a fair & reasonable price.

Veterans Elite, Inc., is a verified SDVOSB and is currently mobilized onsite working on other service related contracts. Additionally Veterans Elite has successfully completed numerous contracts Birmingham VA Medical Center, all within stringent time constraints.

It is expected the VA will realize reduced mobilization cost on the proposed award as a result of Veterans Elite currently being onsite. It is also expected that the VA will realize reduced administrative cost as a result of Veterans Elite utilizing the in place service manager on the current contracts and by being able to award this requirement expeditiously. The CO is recommending an SDVOSB sole source to Veterans Elite based on the aforementioned.

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

While there are other contractors in Vetbiz.gov, a determination that only one SDVOSB concern in available to meet the requirement is not required per the authroities cited in paragraph 5.

The Contracting Officer has determined that Veterans Elite, is qualified as a SDVOSB; and will provide excellent services based on the complany’s past performance on various contracts completed at the Birmingham VA Medical Center.

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

Based on the authorities cited in this justification, a sole source award to the subject contract is proposed pending negotiations of a fair & reasonable price. It is expected negotiations wll result in a cost which compares favorably to the Independent Government Estimate.

Effective Date: 02/01/22 Page 3 of 4

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

The VIP database was queried in accordance with VAAR 810.001, Market Research policy. Veterans Elite is listed in the VIP database along with other multiple SDVOSB concerns.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

Per authorities cited in paragraph 5, the Contracting Officers Determination whether to make a sole source award is a business decision wholly within the discretion of the Contracting Officer.

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

No sources have expressed, in writing, an interest in this acquisition.

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:

Any future SDVOSB sole source awards in the best interest of the VA will be rotated to other SDVOSB’s determined responsible.

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.

Leila Lewis Date Engineering

Shayne Minton Date Chief, Engineering Services BHAM VAMC

LEILA J. LEWIS

1002238

Digitally signed by

LEILA J. LEWIS 1002238

Date: 2022.08.15 06:39:04 -05'00'

Shayne M.

Minton 229464

Digitally signed by Shayne M. Minton 229464 Date: 2022.08.15 07:35:07 -05'00'

Effective Date: 02/01/22 Page 4 of 4

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.

Joseph A. Osborn Date Contracting Office NCO 7, Construction TeamWest

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Elissa Goodman Branch Cheif Date VISN 7, Construction TeamWest

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

Date

Joseph P. Maletta

VHA Head of Contracting Activity (HCA)

Joseph A. Osborn 3361293

Digitally signed by Joseph A. Osborn 3361293 Date: 2022.08.15 07:38:29 -05'00'

ELISSA GOODMAN Digitally signed by ELISSA GOODMAN Date: 2022.08.15 09:49:13 -04'00'

Executive Director, RPO East

JOSEPH MALETTA

1347841

Digitally signed by JOSEPH

MALETTA 1347841

Date: 2022.08.16 09:19:41 -04'00'