NCO22-FY22-72 JOFOC 36C262-21-AP-5867 Ambulatory Care Center - HCA Approved.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

VHAPM Part 819.7007/7008 Page 1 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C262-21-AP-5867

1. Contracting Activity: Department of Veterans Affairs (VA), VISN 22, Network Contracting

Office 22, located at 335 E. Germann Road, Suite 301, Gilbert AZ 85297. The VA 2237 funding document for this action is 691-22-1-5183-0002.

2. Nature and/or Description of the Action Being Approved: Proposed sole source award to FEDVET Construction., a service-disabled veteran-owned small business (SDVOSB).

This is a firm-fixed price construction effort for the renovation of the 1st floor Los Angeles

Ambulatory Care Center (LAACC) for exam rooms and offices for Homeless Patient Aligned

Care Team (HPACT) at the VA Greater Los Angeles Healthcare System, VA West LA

Campus, 11301 Wilshire Blvd, Los Angeles, CA 90073.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This requirement is for construction services to renovate the space on 1st floor of Los Angeles

Ambulatory Care Center (LAACC) for Homeless Patient Aligned Care Teams (HPACT), with associated support spaces, including the abatement of asbestos containing material, in accordance with design documents and specifications provided by VA Los Angeles

Engineering. The renovation is at the VA Los Angeles Healthcare System, 11301 Wilshire

Blvd, Los Angeles, CA 90073. This requirement is classified under construction as it calls for the alteration of real property. The total estimated value of the proposed action is

$3,050,000.00. The period of performance is 240 calendar days.

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):

FEDVET Construction has been determined to be an eligible SDVOSB concern in accordance with VAAR 819.7003 and a responsible source with respect to performance.

FEDVET Construction has completed construction projects of similar size, scope, and complexity, and has intimate knowledge of the facility having completed construction projects for VA Los Angeles Healthcare System. FEDVET Construction is onsite and has available resources to provide the necessary construction services in the required period of

VHAPM Part 819.7007/7008 Page 2 of 4

Revision 03 Eff Date: 04/03/2020 performance. In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government.

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: Market research was conducted, details of which are in the market research section of this document. The statutory authority 38 U.S.C. 8127(c), provides the authority to directly contract with a SDVOSB. The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer. To ensure that opportunities are available to the broadest number of verified SDVOSBs, this authority will be used judiciously and only when in the best interest of the Government. In accordance with FAR 5.2 and FAR 6.305(a), a notice of the justification shall be made publicly available within 14 days of award.

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

Reasonable: The CO anticipates the cost will be considered fair and reasonable based on a comparison of the Independent Government Cost Estimate (IGCE) to the proposed cost.

An IGCE was prepared by the project COR in the amount of $3,050,000.00.

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

Reasons Market Research Was Not Conducted: Per Federal Acquisition Regulation

(FAR) 10.001(a)(2), this report is in support of a new requirement with an estimated value in excess of the Simplified Acquisition Threshold (SAT). For this procurement, Market research was conducted using two Government databases, the Federal Procurement Data

System (FPDS) and Vendor Information Pages (VIP). An initial search conducted of the

VIP database to identified 1,833 verified SDVOSBs in the United States and 175 strict to

California under NAICS Code 236220. A query search of the FPDS database located two contracts awarded to FEDVET Construction of similar size and scope to the current project.

A determination that only one SDVOSB can meet the requirement is not required. The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer. The business decision to make a sole source is based upon the following reasons: (1) the contractor has completed similar size and complexity requirements; and (2) the contractor has necessary expertise based upon completed projects. Based on the procedures authorized in VAAR 819.7007, the contracting officer has determined to make a sole source award to FEDVET Construction.

The vendor 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: None.

The statutory authority 38 U.S.C. 8127(c), provides the authority to directly contract with an

SDVOSB.

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

Construction, DUNS number 080215795, expressed interest in the acquisition.

VHAPM Part 819.7007/7008 Page 3 of 4

Revision 03 Eff Date: 04/03/2020

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: The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

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.

Prepared By:

Rosalyn Caple Date Contract Specialist Network Contracting Office 22

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.

Approval By:

Lissette Fernandez Date Branch Chief, Construction Branch 2

Rosalyn A. Caple 3370914

Digitally signed by Rosalyn A.

Caple 3370914 Date: 2022.01.11 09:42:08 -07'00'

Lissette P.

Fernandez 1653331

Digitally signed by Lissette P.

Fernandez 1653331 Date: 2022.01.11 09:55:32 -07'00'

VHAPM Part 819.7007/7008 Page 4 of 4

Revision 03 Eff Date: 04/03/2020

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.

Sabrina Smith Date Director of Contracting

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)

Sabrina J.

Smith 405687

Digitally signed by Sabrina J. Smith 405687 Date: 2022.01.12 08:57:57 -07'00'

CURTIS

JORDAN

Digitally signed by

CURTIS JORDAN

Date: 2022.01.13 20:48:56 -07'00'