NCO19-FY23-80 JOFOC 36C259-23-AP-1098 B71N HVAC EMERGENT - HCA Approved final_Redacted.pdf

VHAPG Part 819.7008/7009 Sole Source Awards Revision: 01 Effective Date: 01/01/2023

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C259-23-AP-1098 Tracking #: 2023-01-10T06:25:59

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, Sheridan Department of Veteran Affairs Medical Center (VAMC), 1898 Fort Road Sheridan, WY 82801.

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

The Sheridan VA HCS needs an emergent HVAC system investigation, immediate restoration of the system, and complete repair or replacement to air handler units (AHU) #3 & #5 and all associated components damaged recently from the extreme weather cold temperatures in the area. The air handler systems in question serve multiple Variable Air Volume (VAV) units (potentially 50+) within the building (multiple floors) requiring all to have full system inspection, repair, and/or replacement of all associated components to bring the entire system to immediate operational requirements and replacement of current systems elements for continued future operational needs for the station. Due to the urgency, the HCA has given oral approval on December 27, 2022 to proceed.

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

Contractor shall fully investigate and provide repairs to the damaged HVAC system for immediate temporary operational restoration and provide all construction services for replacement of any or all system-wide components, affected, for necessary continued operational needs into the future.

The total estimated value of this project is The period of performance is anticipated at 120-Calendar days from the Notice to Proceed (NTP).

4. Statutory Authority Permitting Other than Full and Open Competition:

FAR 6.3 Other Than Full and Open Competition. The statutory authority for applying the Other Than Full and Open Competition of FAR 6.3 is 10 U.S.C. 3204 and 41 U.S.C. 3304.

Competition is restricted on this procurement for the reason below:

( ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Effective Date: 01/01/2023

(X) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or

Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

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):

The HVAC, AHU 3 and 5 were damaged during the severe weather and temperature drop which could have resulted in closure of the VA facility and patient care. The HVAC system not only maintains comfortable climate conditions of temperature and humidity control, but also maintains a clean, germ-free environment to contribute to the well-being of patients and to prevent the spread of disease. Because of this emergency, the VAMC staff tried to contact the two contractors that were on site at the time. One contractor did not respond whereas RHI LLC responded quickly to the urgent matter at hand and was able to control the situation and ensure minimal disruption to the facility activities.

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 showed 10 SDVOSB in the area but only 2 that are working on site. Because of the urgency and response time, RHI was the only one to volunteer and have the tools to start work immediately. There was no time to compete as the damage control had to start the same day of discovery.

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

Reasonable:

Pursuant to FAR 6.303-2(b)(7), the anticipated award of $952,000.00, is considered to be fair and reasonable based upon the independent government cost estimate (IGCE) completed by program office engineering subject matter experts (SME). Further research in SAM for historical data on “HVAC replacement” resulted in price variation from

. This pricing depends on the size of the VA medical center, damages, replacements, and AHU installation process. As this price falls in line with IGCE and data researched, this verifies reasonable pricing. Lastly, the Government will ensure that price is fair and reasonable by conducting a price evaluation as stated and in accordance with the solicitation which includes comparing proposed price with the IGCE, comparing price with available historical information, and comparing price with all commercially available pricing information.

Additional effort was made to ensure RHI is capable to perform the work. A review of previous successfully completed projects for the VA was conducted. Two projects for the Sheridan VA specifically are listed below. The construction magnitude for the projects is between .

Effective Date: 01/01/2023

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 Date Contracting Officer NCO 19 Construction Branch 1

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 Date NCO 19 Construction Branch 1 Chief

Michelle Gray Date 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 recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

Curtis M. Jordan Date Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA)

Ilze J. Karklins-Powers 383167

Digitally signed by Ilze J. Karklins-Powers 383167 Date: 2023.02.13 11:34:41 -07'00'

Donna A.

Gillette 974418

Digitally signed by Donna A. Gillette 974418 Date: 2023.02.14 06:11:18 -07'00'

MICHELLE GRAY

Digitally signed by MICHELLE

GRAY

Date: 2023.02.15 14:54:20 -07'00'

CURTIS JORDAN Digitally signed by CURTIS JORDAN Date: 2023.02.16 10:31:50 -07'00'