-P00001107.pdf

Justification for Other than Full and Open Competition

Date: 11 Sep 2019 Contract Number: 36C25819P0291 Nomenclature: Phoenix – Replace Chiller Estimated Delivery or Period of Performance: 31 Dec 2019

1. Agency and Contracting Activity:

Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Ave Tucson AZ 85723

2. Nature of Action Being Approved:

This document is to provide the supporting details surrounding the subject acquisition, awarded under Urgent and Compelling Circumstances IAW FAR 6.302-2.

3. Description of Requirement:

Emergency replacement of Chiller due to two chillers down at the Carl T. Hayden Phoenix VA Medical Center. Contractor will be required to remove existing failed chiller, and replace with new 750-ton chiller to include all materials, labor, shipping, handling, delivery, and installation.

4. Statutory Authority permitting other than full and open competition:

Urgent and Compelling Circumstances IAW FAR 6.302-2, 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2).

5. Circumstances and Support for Urgent and Compelling Requirement:

The facility experienced two failed chillers simultaneously. Immediate replacement of the failed chiller is required to provide cooling for hospital patient care. This lends itself to an emergency in accordance with FAR 6.302-2, a local vendor capable of providing the chiller is Mesa Energy Systems dba Emcor Services Arizona.

6. Description of Solicitation Efforts and Exemptions This contract action is made under the conditions described in FAR 6.302-2 Urgent and Compelling circumstances. Furthermore, this acquisition is posted IAW 5.202(a)(2).

7. Market Research and Price Reasonableness:

Due to the urgency of this acquisition, a limited, informal query was conducted of the Federal Procurement Data System (FPDS-NG), System of Award Management (SAM), as well as Vetbiz.gov for potential sources.

The Independent Government Estimate (IGE) referenced one vendor with estimated pricing based on previous acquisition history for the same or similar services.

Due to the urgency, and stressed timeline of the requirements, Mesa Energy Systems dba Emcor Services Arizona provided written interest in fulfilling this requirement and pricing-specific information. This pricing was compared to the IGE, as well as historical acquisition pricing and was determined fair and reasonable.

8. Determination and Findings:

Mesa Energy Systems dba Emcor Services Arizona has adequate financial resources to perform the contract, or the ability to obtain them (see FAR 9.104-3(a)). The vendor has adequate financial resources to perform the contract with minimal risk to the government, and are financially capable to perform the services in accordance with the Statement of Work and performance schedule. Furthermore, the contractor has successfully completed similar requirements with VA medical centers and commercial entities on previous acquisitions.

9. Price Reasonableness Determination:

It is determined the price is fair and reasonable per FAR 15.404-1(b)(2)(v), the price is fair and reasonable in comparison to the Government estimate. The Independent Government Estimate (IGE) was not to exceed (NTE) $500,000.00, and was submitted by the requiring activity for this procurement based on market research, informal requests for quotation, and previous acquisitions of a similar type.

This award is being made pursuant to FAR 6.302-2 Unusual and Compelling Urgency. If award of purchase order were delayed if would further jeopardize the safety of all personnel and patients.

10. Statement of Actions to Overcome Competition Barriers:

Continued market research efforts for Service Disabled Veteran Owned Small Businesses capable of quick execution for similar services in future acquisitions.

11. Contracting Officer’s Signature:

Based on the above, Mesa Energy Systems dba Emcor Services Arizona, has been determined to be a responsible contractor, in accordance with FAR Subpart 9.1, for performance under Contract No. 36C25819P0291.

I certify that this information is accurate and complete to the best of my knowledge and belief, and to be in the best interest of the government.

Julie Kocinski Contract Specialist

Lori A. Faber Contracting Officer