Justification - Miller Remick.pdf

Rev: 13 Effective Date: 02/01/22 Page 1 of 1

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C246-23-AP-2025

1. Contracting Activity: Department of Veterans Affairs, VISN 6, Hampton VA Medical Center

Network Contracting Office 6, Construction Team 2.

2. Nature and/or Description of the Action Being Processed: A follow on contract is being put into place for Construction Period Services for project 590-604 Replace Building 71.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Miller Remick will provide on going Construction Period Services for a current construction project that they have provided the design. Construction Period Services include answering request for information submittals from the construction contractor, reviewing and providing feedback on submittal’s from the contractor, help develop estimates for any modifications, inspection site visit to include final inspection.

4. Statutory Authority Permitting Other than Full and Open Competition: Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Miller Remick, LLC was awarded a contract on January 18, 2017 for AE Services for the replacement of building 71 at the Hampton VAMC. Since Miller Remick, LLC designed the project, it is a logical follow-on for them to perform the construction period services. Awarding to another firm would result in unnecessary delays to the construction project.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The original award, VA246-17-J-0826, was awarded to Miller Remick, LLC using AE procedures in FAR 36.6. Because Miller Remick designed the project, there are no other potential sources to solicit for construction period services.

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

The anticipated cost will be considered fair and reasonable based on the comparison to the Independent Government Estimate and historical procurement for similar projects.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Only Miller Remick, LLC has the intimate knowledge of the project as they were the designed firm. The original contract expired before construction period services could be finished.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no further facts supporting this justification.

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

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:

At this time, there are no actions that may be taken to overcome any barriers to competition.