Limiting Sources Justification Emergency Elevator Services_Redacted.pdf

VHAPG Part 808.405-6 Limiting Sources Request for Limited Sources Justification Format >SAT

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C248-23-AP-2699

(1) Contracting Activity: Department of Veterans Affairs, Network Contracting Office 08, located at 8875 Hidden River Pkwy., Suite 570, Tampa, FL 33637, in support of Veterans Integrated Services Network (VISN 08) VA Health Care System at 140 Fountain Parkway. St.

Petersburg, Florida 33716. Funding for this requirement is under 2237: 485-23-2-6900-0008.

(2) Description of Action: This acquisition is conducted under the authority of the Multiple- Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). This requirement is a follow-on to a previously awarded Federal Supply Schedule (FSS) as a firm fixed price order. This award is a 60-day period of performance acquisition in response to a Government Accountability Office (GAO) protest and pursuant of the Federal Acquisition Regulation (FAR) clause 52.233-3, Protest After Award. The contractor shall provide VISN S's maintenance and repair elevator services.

Order against: [8J FSS Contract Number: 47QSHA22D0029

Name of Proposed Contractor:

Street Address:

SKYLINE ELEVATOR WORKS, INC (OBA VETERAN ELEVATOR)

583 JUNIPER SPRINGS DR

City, State, Zip: GROVELAND, FL 34736 Phone: 321-299-3856

(3) Description of Supplies or Services:

The estimated value of the proposed action is $583,864.00

The Contractor shall furnish all material, labor, lubricants, hydraulic fluids, supervision, tools, shipping, travel, and equipment necessary to provide full maintenance services, including all adjustments, tests, part replacements and repairs necessary to keep the elevators in continuous use at their initial performance ability (same speed, capacity, safety, and efficiency) as originally specified by the equipment manufacturer.

(4) Identify the Authority and Supporting Rationale: a demonstration of the proposed contractor's unique qualifications to provide the required service.

FAR 8.405-6(a)(l)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays: Elevator services are essential to the day-to-day operation at each facility. The urgent and compelling need for these services require the

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Agency put in place a bridge award to meet the VISN's elevator daily maintenance and repair needs while GAO resolves the protest. A post award protest against Task Order 47QSHA22D0029 36C24823F0125 for VISN 8 Elevator Maintenance was filed at GAO within ten

(10) days after contract award. In accordance FAR 33.104(c)(l) and pursuant to clause 52.233- 3, a stop-work order was issued to immediately suspend performance. Though the stop work order cannot be lifted until GAO resolves the protest, due to the age and condition of our current elevators they are scheduled to be replaced and require daily maintenance and/or repairs to keep them operational. Elevator services are essential for Veterans to receive medical access throughout the facilities. While a GAO resolution is being resolved on Task Order 47QSHA22D0029 36C24823F0125, selecting another vendor to provide this service would incur additional risk to the VISN, especially given the short period of performance of the bridge.

Skyline Elevator Works' intimate knowledge ofthe VISN's elevator's infrastructure is crucial for continuity. Another source would require a learning curve while gaining familiarity with the system, a risk that cannot be taken in the event of any elevator failure.

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: By placing this order through the FSS procedures, the contracting officer has determined that the overall cost alternative is the best-value to meet the Government's needs. IAW FAR 8.404(d), GSA has already determined the prices of the supplies and services under FSS contracts, including rates for services offered at fixed hourly rates, to be fair and reasonable. The GSA prices under 47QSHA22D0029 were verified, and Veteran Elevator provided a discounted rate from the listed FSS rate. The CO found the composition of prices reasonable to meet the current need considering the effort and mix of labor proposed.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted. Market research was conducted for the follow-on procurement that is currently protested. The Contracting Officer concluded that: The previous VISN 8 Elevator Maintenance and Repair Service Contract number VA248-17- C-0145, was awarded 8/31/2017, and expired on 2/28/2023. On 1/18/2023, RFQ 36C24823Q0367 was posted on GSA eBuy and the Government executed an FSS Task Oder under 47QSHA22D0029 36C24823F0125, which received a GAO protest on 3/13/2023. The awardee of the contract was Skyline Elevator Works, Inc. (dba Veterans Elevators) and is a certified SDVOSB in the SBA Database. This procurement request will be a short term 60-day acquisition to continue elevator maintenance services for VISN 8.

(7) Any Other Facts Supporting the Justification: This requirement will continue Elevator Maintenance and Repairs at Ten (10) mission critical VA Medical Facilities within the state of Florida.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made: Outside the face of a protest, the agency continues to seek a competitive procurement for these services.

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(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor's supervisor, fund control point official, chief of service or someone with responsibility and accountability.)

Heather N. Brauer Digitally signed by Heather N. Brauer 213610

213610 Date: 2023.03.27 08:20:06 -04'00'

SIGNATURE DATE

Heather Brauer

NAME

Lead Engineer

TITLE

VISN 8

SERVICE LINE/SECTION

VISN 8 - Medical Facilities

FACILITY

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

PAULA.

Digitally signed by PAUL

A. JARRETT 350807

JARRETT 350807 Date: 2023.04.05 11:37:44-04'00'

CONTRACTING OFFICER/DESIGNEE'S SIGNATURE

Paul Jarrett, Contracting Officer

NAME AND TITLE

DATE

VISN 8 -------------

FACILITY/NCO 8

Effective Date: 02/01/2022 Page 4 of 4

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $7S0K):

I certify the justification meets requirements for other than full and open competition.

Steven P.

Digitally signed by Steven P.

Scharlow 739080

Scharlow 739080 Date:2023.04.05 12:17:35 -04'00'

SIGNATURE DATE

Steven Scharlow

NAME

NCO 8/Branch Chief- Services Regional Procurement Office East - 8 (RPO-E) Network Contracting Office - 8 (NCO 8)

Steven P.