Justification and Approval Fort Snelling Signs Redacted.pdf

Contracting Service

18434 Joplin Road

Triangle, VA 22554

Date: June 30, 2020

From: Kellyann Bruno, Contracting Officer

Subject: Justification and Approval for Other Than Full and Open Competition

To: Contract File

RE: Fort Snelling Exterior Signs Project No. 774 CM3919 005

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency and the Contracting Activity: Department of Veterans Affairs (VA), National Cemetery

Administration, (NCA) Contracting Service Department (CSD), 18434 Joplin Road, Triangle, VA

22172.

2. Nature and/or description of the action being approved: NCA intends to negotiate/award a sole source contract of Two-Hundred-Forty-Three (243) calendar days to US Diversified Contracting

Services, LLC, 900 Baie Creuse Road, Saint David, ME 04773-4601, under the authority of FAR

Subpart 6.302-2, “Unusual and compelling urgency”, and VAAR 819.7007 (b) and (c) to remove and replace the existing exterior signage at the Fort Snelling National Cemetery, 7601 34th Avenue, South, Minneapolis, MN 55450-1199. An in accordance with the Veterans First Contracting

Program covered by Public Law 109-461, which is specific to VA contracting.

3. A description of the supplies or services required to meet the agency’s need (including the estimated value): The Services include, but shall not be limited field verifying existing conditions, providing all supervision, labor, materials, tools, and equipment to remove the existing exterior signage and procure and install new signage, per the drawings and specifications. The bid documents also include the Add Alternate. The value of this requirement is an estimated total amount of $1,216,879.07.

4. An identification of the statutory authority permitting other than full and open competition. The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(5), as authorized by 38 U.S.C. 8127(c). A contracting officer may award a contract to a verified small business concern owned and controlled by veterans using procedures other than competitive procedures if—(1) Such concern is determined to be a responsible source with respect to performance of such contract opportunity; (2) The anticipated award price of the contract (including options) will exceed the simplified acquisition threshold, but will not exceed $5 million; and (3) In the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. It has been determined to be in the best interest of the

Fort Snelling Signs J&A

Government to negotiate a Noncompetitive contract with US Diversified Contracting Service, Inc a verified SDVOSB firm that has experience in exterior sign projects. The contractor has a history of satisfactory performance and has the capability to perform the necessary work.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is 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. The proposed contract action was previously synopsized to SDVOSB on beta.SAM.gov in accordance with FAR 5.301 under solicitation

36C78618R0053 on May 9, 2019 and a Tiered solicitation 36C78620R0007 on October 22, 2019 and no acceptable proposals were received.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: Per VAAR 836.204, the magnitude of this project is between $1,000,000 and

$2,000,000. The solicitation will be issued as a Request for Proposal, the Contracting Officer has the authority to enter discussions and negotiate the price, if necessary. Pricing will be reviewed for reasonableness by using the independent government cost estimate (IGCE) as a benchmark. A determination of fair and reasonable pricing will be conducted in accordance with FAR 15.404 prior to award.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. In accordance with FAR 10.002 research into this area was performed by querying Government databases (VIP, SAM, SBA DSBS), and the Contracting

Officer has determined it is in the best interest of the Government to set-aside this procurement for

Service-Disabled Veteran-Owned Small Business (SDVOSB) concerns. See the attached Market

Research document.

9. Any other facts supporting the use of other than full and open competition: N/A

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. N/A

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. The statutory authority permitting other than full and open competition is 38 U.S. Code § 8127(c); as such, no actions are needed to overcome barriers to increase competition.

12. Contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

I hereby certify that this request for Justification and Approval of other than Full and Open competition is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify that this request is not the result of lack of advance planning or desire to expend funds while those funds are still available, the action is in response to a bona fide need.

Kellyann Bruno DATE

Contracting Officer