Justification FAR6.302-5 VAAR 819.7008-7009.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 04

Effective Date: 11/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36250-25-AP-3311

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Network Contracting Office (NCO)

10. 2780 Airport Drive, Suite 340, Columbus, Ohio 43219. Dayton VA Medical Center (VAMC).

PR – 552-25-4-6123-1132

2. Nature and/or Description of the Action Being Approved: The proposed action is for a sole source contract for the repair of Building 330’s Chiller Tower at the Dayton VAMC. The contract will be awarded as a new, firm-fixed-price contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Chiller Repair services needed. Remove old fill material and support systems from 3 Marley NC-8310C chiller plant cooling towers and install new fill material with an integral louver and integral drift eliminator design to match the OEM design air travel at 48”. The new fill material is to be bottom supported with heavy duty industrial strength pultruded fiberglass (FRP) supports. All old fill material is to be properly deposed of by contractor and work areas inside and outside of chillers are to be cleaned to a broom finish after completion of work. The quantity will be purchased as a job and the estimated value of the acquisition is $220,000.

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 819.7008 (DEVIATION) or VAAR

819.7009 (DEVIATION)- up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or

( ) 819.7009 Sole source awards to a certified veteran-owned small business

5. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition

Requires the Use of the Authority Cited Above (applicability of authority):

VAAR 819.7008 allows sole source awards to SDVOSB/VOSB based on 38 U.S.C. 8127(c) and that the

SDVOSB/VOSB concern has been determined to be a responsible source with respect to performance.

Currently the contractor has a contract to service chillers and supporting infrastructure at the Dayon

VAMC. Procuring from this source averts potential risk of duplicative efforts of maintaining the same systems/damage to systems under the contractor’s care. This procurement action is in the best interest of the United States of America, Veteran Affairs (VA) and patients who receive their care at the Dayton VAMC.

https://www.va.gov/oal/library/vaar/vaar819.asp#8197008 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

Effective Date: 11/15/2024

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR

Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

Market Research was performed and information was found that a contract is held for servicing systems for chillers at Dayton VAMC.

FAR Overhaul 5.101(b) gives an exemption to posting a presolicitation notice, a presolicitation notice will not be issued.

FAR Overhaul 5.201(b) gives an exemption to posting a solicitation notice, a solicitation notice will not be issued.

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

The Government will evaluate the proposed price against the IGCE and similar projects awarded recently. Additionally, the Contracting Officer will use any other price analysis techniques in FAR 15.404-1 to determine the price to be fair and reasonable.

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

Market Research Was Not Conducted:

Market Research was performed through GSA. Vetted SDVOSB contractors were found on GSA, did not affirmatively respond to the request or are located a distance too far away from the performance location and they would not be able to offer a reasonable price.

The vendor met eligibility criteria outlined in VAAR 819.7003(DEVIATION), they are certified in SBA

Small Business Search and the action is below the $5M threshold.

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

None, VAAR 819.7008 allows sole source awards to SDVOSB/VOSB based on 38 U.S.C. 8127(c) and that the SDVOSB/VOSB concern has been determined to be a responsible source with respect to performance.

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

None

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:

Market research will be conducted to identify potential sources for any future work of this nature.

https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

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Effective Date: 11/15/2024

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.

Name Date

Title Facility

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.

Name Date

Title Facility https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx