Justification and Approval - Other than Full and Open Competition.pdf

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JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

1. Agency/Contracting Activity: Department of Veterans Affairs, National Cemetery Administration, Design & Construction Services Santa Fe National Cemetery.

2. Description of Action: Department of Veterans Affairs, National Cemetery Administration, Santa Fe National Cemetery.

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Cost

Types of Funds: Minor Construction Funds (0111)

Name of Proposed Contractor(s): C&C Contractors, LLC UEI: Z6ZVR3MXC9L4 Street Address: 209 Lyon St City, State, Zip: Notasulga, AL 36866 Phone: 334 257-4307

3. Description of Services or Supplies: The projects require a skilled contractor with experience and capability to demolish the current wall and other structures within it and rebuild. The redesign of this project, being prepared by Anderson Engineering of MN, is estimated to be completed by late-May 2025. NCA anticipates awarding the project NLT early-June 2025

The total estimated value of the proposed action is $5.7M

4. Authority: The following authorities are for actions other than simplified acquisition.

FAR 6.302-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C. 3304(a)(1).

FAR 6.302-2: Unusual and compelling urgency, 41 U.S.C. 3304(a)(2).

FAR 6.302-3: Industrial mobilization, engineering, development, or research capability; or expert services, 41 U.S.C. 3304(a)(3).

FAR 6.302-4: International agreement, 41 U.S.C. 3304(a)(4).

FAR 6.302-5: Authorized or required by statute, 41 U.S.C. 3304(a)(5).

FAR 6.302-6: National security, 41 U.S.C. 3304(a)(6).

FAR 6.302-7: Public interest, 41 U.S.C. 3304(a)(7).

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5. Reasons for Authority Cited:

This acquisition is justified under FAR 6.302-2: “Unusual and Compelling Urgency.” The retaining wall at Santa Fe National Cemetery is in an advanced state of disrepair, posing an immediate risk of structural collapse. This situation creates an unusual and compelling urgency due to the following reasons:

a. Risk to Life and Safety:

The retaining wall’s instability threatens the safety of visitors, employees, and residents in the adjacent area due to excessive stormwater runoff. A collapse could result in serious injury or loss of life, necessitating immediate intervention to mitigate this risk.

b. Potential Damage to Government and Residential Property:

Failure of the wall could lead to catastrophic damage to government-owned burial sites, infrastructure, and nearby residential properties. Such damage would require extensive repair efforts and significantly increase costs to the government.

c. Impact of Seasonal Weather:

The upcoming winter season, with its increased precipitation and freeze-thaw cycles, will exacerbate the wall’s instability, further accelerating the risk of collapse. Immediate action is required to ensure the stabilization and reconstruction are completed before these adverse weather conditions worsen the problem.

d. Time Constraints:

There is insufficient time to conduct a full and open competition for this requirement due to the urgent need for demolition, stabilization, and rebuilding of the retaining wall. To solicit this requirement open market could take a 196-day acquisition process. Delay in initiating these repairs could result in irreparable harm and a failure to uphold the government’s responsibility to safeguard public safety and property.

The urgency of the requirement aligns with the provisions of FAR 6.302-2, allowing for a limited-source procurement to ensure the government fulfills its obligations without delay.

The contracting officer has determined that need for the construction services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals.

C&C Contractors has been identified as uniquely qualified to address this urgent requirement due to their expertise, recent successful completion of projects of similar scope, and their capacity for immediate mobilization.

6. Actions to Increase Competition:

To promote competition to the maximum extent practicable under the circumstances, the government undertook the following actions:

a. Publication of Intent to Sole Source: An “Intent to Sole Source” notice was published on January 15, 2025, on SAM.gov (36C78625R0018), in accordance with FAR 5.201. The notice outlined the urgency of the requirement, the scope of the project, and the government’s intent to award a sole-source contract to C&C Contractors. Interested parties were invited to submit capability statements demonstrating their ability to meet the requirements of the project.

b. Evaluation of Responses: Three contractors submitted responses expressing interest in performing the work. Each response was reviewed in detail by the contracting officer (CO)

-3-to evaluate the contractors’ ability to meet the unique and urgent requirements of this project.

a. Contractor A provided a capability statement that lacked sufficient detail regarding relevant experience in retaining wall reconstruction projects of similar scope and urgency. A review of the Federal Procurement Data System (FPDS) revealed no contracts performed by Contractor A of comparable magnitude or complexity.

b. Contractor B also submitted a capability statement that failed to address key technical requirements, including experience with sensitive cemetery sites or government-specific standards. FPDS records confirmed no contracts of this scope or size had been performed by Contractor B.

c. Contractor C submitted a strong capability statement and demonstrated prior experience with projects of similar scope and complexity. Contractor C was determined to be the most qualified due to their superior record of successful performance, immediate availability, and demonstrated understanding of the site-specific challenges and is identified in paragraph 2.

c. Selection of C&C Contractors: Based on the evaluation of the capability statements and the contractors’ performance histories, the CO determined that C&C Contractors was uniquely qualified to meet the urgent requirements of this project. Their recent and relevant experience, coupled with their ability to mobilize immediately, aligns with the government’s needs to address the imminent safety risks posed by the failing retaining wall. The government’s actions ensured that any capable contractors had the opportunity to respond.

However, the evaluation revealed that C&C Contractors remains the most viable option under the unusual and compelling urgency of this situation. Due to urgency, no time exist to discuss negations with other contractors.

d. Future Actions to Increase Competition: N/A due to unusual and compelling urgency.

By publishing the notice and thoroughly evaluating responses, the government has adhered to the principles of competition while addressing the immediate and compelling need to safeguard public safety and government property.

7. Market Research:

The contracting officer (CO) conducted market research to identify qualified sources capable of meeting the requirements of this urgent project. The following actions were taken:

a. SAM.gov Search: A search was conducted on SAM.gov using NAICS code 237990 (Other Heavy and Civil Engineering Construction), with filters for Service-Disabled Veteran-Owned Small Businesses (SDVOSB) and Veteran-Owned Small Businesses (VOSB). The search returned nearly 2,000 contractors registered under this NAICS code. However, considering the unique and urgent requirements of this project, it was determined that competing the requirement would not be in the government’s best interest. A competitive solicitation process would risk unacceptable delays, further jeopardizing public safety and government property.

b. Intent to Sole Source Notice: An Intent to Sole Source notice was published on January 15, 2025, inviting interested contractors to submit capability statements. Three responses were received, and each was thoroughly evaluated. Two of the responses did not adequately demonstrate the necessary expertise or experience in projects of similar scope and

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c. Evaluation of C&C Contractors: C&C Contractors was identified as the most qualified and capable source for this project based on their demonstrated experience and successful performance in similar contracts with the National Cemetery Administration (NCA). Most notably, C&C Contractors completed the cemetery expansion project at Georgia National Cemetery in 2024, which included constructing a retaining wall of comparable complexity to the one at Santa Fe National Cemetery.

a. The Georgia National Cemetery retaining wall required precise engineering, adherence to stringent safety standards, and careful management of sensitive burial grounds. C&C Contractors met and exceeded these requirements, delivering the project on time and with exceptional quality assurance.

b. C&C Contractors has consistently demonstrated the capacity to mobilize their workforce and resources swiftly, a critical factor given the urgent nature of this project.

d. Reasonableness of Sole Source: Given the sensitive time constraints and the immediate need for action, the CO deemed it reasonable to sole source this contract to C&C Contractors.

The market research conducted confirmed that while many contractors are registered under the applicable NAICS code, in consideration of the urgent nature of this project and the safety hazards identified by the AE, full and open solicitation procedures for a construction project of this magnitude – the carry an ALT of 196 calendar days - to be insufficient in mitigating the risk of serious injury, financial, or other to the Government. C&C Contractors demonstrated the requisite experience and capability to address the urgent requirements of this project within the necessary timeframe and at fair and reasonable price. Publishing the Intent to Sole Source notice further ensured that any capable contractors had an opportunity to compete. Based on the findings, the CO determined that proceeding with a sole source award to C&C Contractors is in the government’s best interest.

8. Procurement History:

Previous Purchase Order(s) or Contract(s): Yes No

If "Yes", for each purchase order or contract provide:

Purchase order or contract number: ______________________ Was action competed? Yes No If action was not competed, state the cited authority, summarize rationale, and describe the actions that were supposed to be taken to increase competition and the results thereof:

9. Additional Information to support the justification. The only facts used in using this authority is the inherent risk of serious injury, and/or financial loss to the Government due to the safety issues identified with the retaining wall and road.

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10. Technical / 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.

Submitted By: Dimasalang Junio Position Title: Deputy Director, Design and Construction Services.

Email address: Dimasalang.Junio@va.gov Signature: ______________________

11. Fair and Reasonable Price Determination:

I hereby determine that the anticipated cost to the Government for this contract action will be fair and reasonable and is in the overall best interest of the Government.

12. Reviews/approvals (see M806.304-70):

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

Typed Name: _________________ Date: ______________________

Signature: ____________________

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Auvorie Benson 6/23/2025

AUVORIE BENSON

Digitally signed by AUVORIE

BENSON

Date: 2025.06.23 08:20:14 -04'00'

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Agency Advocate for Competition (Over $750K but not exceeding $15 million): 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.

Typed Name: _____ Date: ______________________

Signature: ____________________

Ronald W. Hirtle____________ 6/23/2025

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