NCO19-FY22-316 JOFOC 36C259-22-AP-1858 Update OR and GI Procedure Rooms - HCA Approved.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C259-22-AP-1858 Tracking Number: 2022-06-30T13:56:50

1. Contracting Activity:

Department of Veterans Affairs, Network Contract Office (NCO) 19, Construction Contracting Team, 6162 South Willow Drive, Suite 300 Greenwood Village, Colorado 80111, on behalf of the Engineering Department, Salt Lake City Department of Veteran Affairs Medical Center (VAMC), 500 Foothill Drive Salt Lake City, UT 84148.

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

This is a request for a new, sole source, firm fixed price, contract to a Service-Disabled Veteran Owned Small Businesses (SDVOSB). The Contracting Officer's (CO) determination to issue a sole source contract award is a business decision, wholly, within the discretion of the CO. This decision is made to ensure timely award and mobilization on the project. A determination that only one SDVOSB concern is available to meet the requirement is not required.

The proposed awardee, MSC Design Build is a SDVOSB company.

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

Furnish all necessary services, equipment, labor, materials, supervision, and tools to perform construction services. This project is designed to update various aspects of the ORs (Operating Rooms) and the GI Procedure Rooms. Specifically, the ORs and the GI Procedure Rooms are replacing their existing surgical boom systems due to end-of-life and vital ergonomic considerations.

In addition, the OR areas are having various doors, cabinets/countertops, and flooring sections replaced. Current doors have pressurization problems, compromising positive pressure in ORs and elevating infection risks. The flooring and furnishings being updated are damaged beyond repair. The number of booms in need of install or replacement is twenty-eight (28) in total. Nineteen (19) in the OR suites of building 14 and nine (9) in the GI procedure rooms of building 1. All support structures are to be re-used, unless determined otherwise unable by Contractor-provided structural engineer.

Construction of ceiling supports, alongside necessary electrical and medical gas connections, are expected only for the nine (9) new boom locations.

The estimated period of performance is (one hundred thirty-five) 135-Calendar days from the Notice to Proceed (NTP), with a total cost estimate of $2,899,969.79.

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 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(x) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified 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):

This is a sole source acquisition IAW VAAR 819.7007. IAW VAAR 819-7007 Sole source awards to a verified SDVOSB, the CO may award a contract to an SDVOSB, concern on a sole source basis, provided:

• The anticipated award price of the contract, including options, will not exceed $5 million

• The SDVOSB concern has been determined to be a responsible contractor with respect to performance

• Award can be made at a fair and reasonable price

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 subpart 5.2 and, if not, which exception under 5.202 applies:

The CO's determination to make a sole source award is a business decision, wholly, within the discretion of the CO. To ensure opportunities are available to the broadest number of verified SDVOSB's, this authority is to be used judiciously and only when in the best interest of the Government.

This project is designed to update various aspects of the ORs (Operating Rooms) and the GI Procedure Rooms. Specifically, the ORs and the GI Procedure Rooms are replacing their existing surgical boom systems due to end-of-life and vital ergonomic considerations. In addition, the OR areas are having various doors, cabinets/countertops, and flooring sections replaced. Current doors have pressurization problems, compromising positive pressure in ORs and elevating infection risks.

Flooring and furnishings being updated are damaged. The number of booms in need of install or replacement is twenty-eight (28) in total. Nineteen (19) in the OR suites of building 14 and nine (9) in the GI procedure rooms of building 1. All support structures are to be re-used, unless determined otherwise unable by Contractor-provided structural engineer. Construction of ceiling supports, alongside any necessary electrical and medical gas connections, are expected only for the nine (9) new boom locations.

Some of the Items in the SOW have lead times of 10 weeks or more requiring contracting to get a contract in place as soon as possible, in order for us to give an admin Notice To Proceed to allow items to be ordered.

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

Reasonable:

The final contract price will be fair and reasonable by a comparison of historical pricing for similar services. Market research to compare the prices offered to prices paid during seven other similar services by multiple on-site contractors, at the same location show that the price being paid by the government is fair and reasonable for this procurement IA W FAR 13.106-3(a) and FAR 13.5.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

To ensure opportunities are available to the broadest number of verified SDVOSB's, this authority is to be used judiciously and only when in the best interest of the Government. A VetBiz search was performed and 28 SDVOSBs were identified in the Salt Lake City area under NAICS: 236220.

However, due to the time sensitivity of this project, MSC Design Build was selected because of their known past performance and availability to perform at the Salt Lake City VAMC. MSC Design https://www.acquisition.gov/content/part-5-publicizing-contract-actions https://www.acquisition.gov/content/part-5-publicizing-contract-actions

Build has met the eligibility criteria outlined in VAAR 819.7003, they are verified in VIP and the action is below the $5M threshold.

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

In accordance with the authority under 38 USC 8127(c), Small business concerns owned and controlled by veterans: contracting goals and preferences, (c) Sole Source Contracts for Contracts Above Simplified Acquisition Threshold (SAT). - For purposes of meeting the goals under subsection (a), and IAW this section, a CO of the Department may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if - (1) such concern is determined to be a responsible source with respect to performance of such contract opportunity; (2) the anticipated award price of the contract (including options) will exceed the SAT (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) but will not exceed $5,000,000; and (3) in the estimation of the CO, the contract award can be made at a fair and reasonable price that offers best value to the United States Government.

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

The proposed awardee, MSC Design Build, is vetted by a minimum of 5 previous successfully completed project on the Salt Lake City VAMC. The construction magnitude for the projects is between $1,000,000 and $5,000,000. The projects below have been successfully completed by MSC Design Build at the Salt Lake City VAMC:

Upgrade Fire Alarms 36C25920N0443 $1,849,000.00

Renovate Inpatient Substance Abuse 36C25919C0223 $3,788,501.43

Building 1 Rehab/Prosthetics Addition

VA25916C0318

$8,757,354.93

Gait Lab Addition

VA25914C0260

$1,726,504.58

CT Site Prep

VA25913C0200

$1,381,142.65

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:

This requirement is being conducted as a SDVOSB sole source, with a (one hundred thirty-five) 135- Calendar days from the Notice to Proceed (NTP). This requirement is to support the replacement of OR Booms and Flooring/Facilities for the Salt Lake City VA medical center.

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.

Joshua Farber Chief, Engineering

SLCVAMC

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.

Ilze Karklins-Powers Contracting Officer

NCO 19 Construction Branch

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K):

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

Donna Gillette NCO 19 Construction Branch Chief

Albert Williams Director of Contracting

NCO 19

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve ($750K to $75 million) for other than full and open competition.

Curtis M. Jordan Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA) https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx