Justification - Redacted Final.pdf

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Sole Source Justification under FAR 13.5

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C256-22-AP-0193

1. Contracting Activity:

Department of Veterans Affairs, VISN 16, Michael E. DeBakey VA Medical Center (MEDVAMC).

Requisition Number: 580-22-1-5161-0002

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

This procurement is for elevator preventative maintenance and emergency repair services in accordance with Federal Acquisition Regulation (FAR) 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. This new, short-term requirement will result in a fixed price Purchase Order with four option periods.

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

The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision and non-personal services necessary to perform elevator maintenance and repair services at the Michael E. DeBakey Veteran Affairs Medical Center campus located at 2002 Holcombe Boulevard in Houston, Texas 77030. The contractor shall provide 24-hour, seven days per week, emergency callback service, which shall consist of promptly responding to calls within two hours for emergency service and one hour for passenger entrapments. The types of elevator equipment requiring maitnenace and repairs are Otis, Matot, Montgomery, Dover, Thyssen-Krupp, Canton and Schindler.

The period of performance will be from November 12, 2021 through December 11, 2021. Option period one will be from December 12, 2021 through January 11, 2022. The remaining three option periods will be one week option periods from January 12, 2022 through January 31, 2022. The estimated price for the base period and all options is $278,996.00.

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:

(X) Unusual and Compelling Urgency

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

Network Contracting Office 16 recently awarded a new, five year contract for elevator preventative maintenance and emergency repair services from a competitive, open market solicitation issued

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 4

Revision 03 Date: 02/11/2021 under full and open competition after the exclusion of sources. our office received notification of a protest filed with the Government Accountability Office (GAO). As a result, performance under the awarded contract has been suspended during the pendency of the GAO protest which can take up to 100 days.

The MEDVAMC has an urgent and compelling need to award a short-term contract to prevent catastrophic failure of the elevators at the MEDVAMC. The previous contract, contract number VA256-16-C-0096, ended on September 30, 2021. Ten elevators are currently out of service.

Elevator S-9, S-10, S-1 is inoperable. Elevator P-13 has a drive issue, parts issue and rope damage.

Elevator S-2 has door is not operational. Elevator B-110 is out of service for an unknown issue.

Elevator T-2 has a generator issue. Elevator P-11 needs new hydraulic oil lines. Elevator P-12 needs new hydraulic oil lines. Elevator 2 in the parking garage is out of service for an unknow issue.

The MEDVAMC is a 1A healthcare facility which provides patient care in buildings with multiple floors. Hundreds of patients receive inpatient and outpatient care every day. These elevators are used by staff to move necessary equipment and personnel to the proper floors. Numerous patients utilize the elevators to receive routine and vital healthcare. These elevators also transport patients whom are not able to utilize the stairs in the medical center. These elevators transport patients on stretchers, beds and wheelchairs for treatment. The passenger elevators are generally not large enough to allow stretchers and other large pieces of medical support equipment to be moved between floors, so the service elevators must be utilized. This short term contract will also provide emergency response to entrapments when the elevator ceases to work with patients on board.

Further delay of routine elevator preventative maintenance and emergency repairs will cause harm to patient’s safety and the receipt of healthcare services. Without regular preventative maintenance, elevators will continue to become inoperable. These services are needed at once to preculdue impairment of healthcare delivery capabilities and patient care.

GreenEfficient, Inc. has the necessary certifications, experience, personnel, equipment, supplies, facilities, transportation, tools, and materials to immediately provide elevator preventative maintenance and emergency repairs. As the incubmbent contractor, GreenEfficient Inc. possesses a thorough understanding of the current condition of the equipment, training, certifications and invoice procedures within the Veterans Administration. GreenEfficient, Inc. has met the required security requirements to start immediately on these services. With a bona fide need for services to begin immediately and considering the magnitude and scope of this requirement, only GreenEfficient, Inc. can begin services immediately without the Veteran’s Health Administration experiencing unacceptable delays in fulfilling this requirement.

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

In accordance with FAR 5.202(a)(2), the Contracting Officer is not requierd to submit the notice required by FAR 5.201 when the proposed contract action is made under the conditions of unusual and compelling urgency and the Government would be seriously injured if the agency complies with the time periods specified in FAR 5.203. Without an elevator preventative maintenace and emergency repair contract in place, veterans requiring healthcare at the MEDVAMC campus will not have a means to access medical care and treatment.

PM Part 813.5 SAP for Certain Commercial Items Page 3 of 4

Revision 03 Date: 02/11/2021

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

The Contracting Officer shall use techniques and proceedures set forth in FAR 13.106-3(a) to establish price reasonableness.

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

Market Research Was Not Conducted:

Due to the urgency of this requirement, market research was limited to an examination of acquition history. The estimated pricing is aligned with the previous contract. As the incumbent, GreenEfficient, Inc. has prior approved personal identification verification cards, approved fingerprints, approved business associate agreement, background checks, training and certifications to immediately provide these services. Obtaining these approvals can take an estimated 30 to 60 days.

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:

GreenEfficient, Inc., a service disabled veteran owned small business, is the incumbent contractor who previously provided services to the MEDVAMC campus. GreenEfficient, Inc. stated they are available to immediately provide these services.

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:

As previously stated, in September 2021 the Government awarded a new, five year contract for elevator maintenance and repair services from a competitive, open market solicitation issued under full and open competition after the exclusion of sources. Due to the GAO protest, services were suspended and is not currently available. The agency anticipates subsequent acquisitions for elevator maintenance and repair services will be the result of open competition in the future.