Justification Emergency Redacted.pdf

Effective Date: 11/15/24 Page 1 of 4

REVISION: 01

Acquisition ID#:

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION (FAR) 13.5

Acquisition Plan Action ID:

1. Contracting Activity: Department of Veterans Affairs

Network Contracting Office 16 (NCO 16) 5075 Westheimer Road, Suite 750 Houston, TX 77056

Organizational Activity: Department of Veterans Affairs

Central Arkansas Veterans Health Care System (VAMC) Eugene J. Towbin Healthcare Center 2200 Fort Roots Drive North Little Rock, AR 72114

2237:

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

The VAMC located in North Little Rock, AR and Little Rock, AR is requesting urgent emergency roof repair services to multiple buildings that were damaged due unforeseen weather conditions / storms. Multiple building roofs were substantially damaged and need repair. This proposed sole source single award firm fixed price purchase order contract will be for 598-25-163 Emergency Roof Repair services through a sole source open market soliciting from a single source acquisition to Delco Devgru, LLC in accordance with FAR 13.106-1(b)(2) and FAR 13.5.

This urgent and compelling requirement will be an emergency roof repair service contract for approximately ninety (90) calendar days to ensure there is no affect to patient safety and ensure the safety of VAMC staff as to not affect operations of the VAMC located on North Little Rock Campus (EJT) and Little Rock Campus (JLM).

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

The emergency repair service needed is for roof repair services due to storm damage to be provided to both the EJT and JLM campuses. The contractor shall provide a roof repairing services for JLM campus for Buildings 1, Building 2, Building 8, Building 33, Building 24, Building 34, Building 65, Building 66, Building 68, Building 101, Building 102, Building 105, Building 106, Building 195, Building 12 / 13 / 14, Building 186 and the Hospital Building on the JLM Campus. The contractor shall provide all labor, material, equipment and additional associated cost of for the emergency roof repair services.

The period of performance for this purchase order contract was estimated to be for ninety (90) calendar days. The proposed purchase order contract has an estimated total order value of

Effective Date: 11/15/24 Page 2 of 4

Acquisition ID#:

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

(X) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Given the immediate urgent need to ensure the medical center campuses buildings are not leaking and are properly conditioned to ensure the stability of care to the Veterans who are currently be provided direct care from VA staff at these campuses/buildings. It is imperative the current level of care is maintained and to maintain patient care standards to ensure there is no affect to patient safety. Awarding to Delco Devgru, LLC will ensure these emergency roof repairs for multiple buildings on the campuses will be addressed timely.

The need for this emergency purchase order contract is determined to be the best available option to ensure patient safety is not affected. If not pursued, harm to the patients and the government would have included the following: degenerative concern with the patient’s current health factors, not receive the needed care in the time frame required to positively affect the health of the veteran, and rescheduling appointments is not an option due to the nature of the patient’s medical complications. Due to these facts, if this requirement is not sole sourced under Unusual and Compelling Urgency, repair services to ensure the stability of care to Veterans would affect patient safety and harm Veterans.

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

As noted in section four (4) above, this is an Unusual and Compelling Urgency and only one source, Delco Devgru, LLC, is available to provide the continued repair services in a timely manner. Due to the urgent need, it was determined that an emergency repair contract would be the best available option. Delco Devgru, LLC is a verified Service Disabled Veteran Owned Small Business (SDVOSB).

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

Reasonable:

Effective Date: 11/15/24 Page 3 of 4

Acquisition ID#:

An informal price analysis was conducted by the Contracting Officer and in accordance with FAR 13.106-3 it is anticipated that overall pricing will be considered fair and reasonable for the estimated award amount of .

Due to the urgent need for roof repairs from storm damage, an emergency Notice To Proceed (NTP) was issued to the contractor on 05-13-2025 by the Contracting Officer to move forward with the emergency repair service for completion no later than 08-28-2025 in the amount of $570,769.00.

ue to the urgency of the repair needed, the comparison of the additional cost vs delay is determined justified by the Contacting Officer to move forward with the repair as to not affect patient safety and overall operation of the medical centers at both campuses if the repairs were delayed / not completed.

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

Market Research Was Not Conducted:

In accordance with FAR 10.001(a)(2), market research was conducted appropriate to the circumstances; market research was conducted by examining the acquisition history of the current contract and reviewing its trends.

In addition, market research was conducted on a limited basis as this is an urgent and compelling requirement where it was determined the best interest of the Government to ensure there is no break in medical treatment plan at the Veterans being housed and seen in the buildings on the campuses.

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

None.

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

Delco Devgru, LLC 409 North Eufaula Avenue Coweta, OK 74429

Contractor Unique Entity ID: ECT4QQQBG11

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:

The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

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.