P03 36C242-21-AP-0537 Final.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-22-AP-0537/ 630-22-1-7606-0005

1. Contracting Activity: Department of Veterans Affairs, Veterans Health Administration, Network Contracting Office 2, 2875 Union Road, Suite 3500, Cheektowaga, NY 14227 for services to be provided at VA NY Harbor Healthcare System (VANYHHS), Manhattan VA Medical Center (VAMC) 423 East 23rd Street, New York, NY 10010.

2. Nature and/or Description of the Action Being Approved: NCO 2 intends to award a sole source contract for elevator repairs to Elevated Technologies, Inc. (ETI), a Service-Disabled Veteran Owned Small Business (SDVOSB), registered in the Vendor Information Pages (VIP). This requirement is to complete elevator repairs to multiple elevators throughout the Manhattan campus. The Manhattan VAMC needs repairs to all 24 elevators; however, 10 of the 24 elevators in the facility are currently out of service causing additional strain on the elevators currently in an operational status. These critical repairs were deemed necessary after ETI conducted their initial inspection to assess existing conditions as required in performance of contract 36C24221C0168. The extent of the repairs needed exceed the scope of the preventative maintenance contract. The resultant contract will be Firm Fixed Price (FFP) with an overall period of performance of 568 days from notice of award. A phasing plan will be submitted and approved to maintain an adequate performance schedule. The out of service elevators will be repaired and placed back in service prior to work on operational elevators.

FAR 13.5 Simplified Procedures for Certain Commercial Items: This procurement will be accomplished in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The estimated cost of the contract is $4,451,900.00. Funding approval has been granted by the VISN Capital Assessment Manager.

Scope of Work: The purpose of this project is the repair, reconditioning and bringing up to code all elevators that are stated on this SOW. Currently all NYHHCS Manhattan campus elevators are significantly antiquated, rouged, and unsafe. The rouging poses a significant risk for additional damage to the existing machines. In addition to the rouging, the current condition of elevator brakes, bearings, governors, door operators, door interlocks, clutches, hanger rollers, and motor fields pose a potential risk to the riding public.

The contractor shall plan, repair, test, troubleshoot and warranty all repairs and upgrade requirements in accordance with the statement of work. The contractor shall provide all management, supervision, administrative support, labor, materials, tools, parts, supplies, lubricants, equipment, barricades, signs, and transportation necessary to fulfill all the requirements.

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT Acquisition Plan Action ID: 36C242-22-AP-0537

VHAPM Part 819.7007/7008 Page 2 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

Elevators P1-P5, and P7 to P12 in the main building repairs include but not limited to brake overhaul, replace bearing, replace door operators, clutches, replace motor fields, replace landing systems. Elevators OPC P1 to P4 and OPC F5, F6 in the outpatient clinic repairs include upgrade controllers, replace gearless machine, replace hall stations, lanterns, governors, hoist cables, traveling cables, guide rollers, and replace landing units.

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): Authorized or Required by Statue (FAR 6.302-5) – Veterans First Contracting Program as required by 38 U.S. Code § 8127(c); as implemented by VA Acquisition Regulation (VAAR) 819.7001(c) with guidance from revised Procurement Policy Memorandum (2016-05) (Revised Aug 2018). Contractors must be verified as a Service-Disabled Veteran-Owned Small Business (SDVOSB) in the VIP database to be eligible for award.

The contractor, Elevated Technologies, Inc., VIP-verified last on May 4, 2020 with an expiration date of May 4, 2023. In addition, the statutory limitation of a sole source acquisition is $5,000,000.00, and the total procurement value of this acquisition will be under that limit. Additionally, ETI is the incumbent elevator maintenance contractor should be retained to complete the repairs. The industry standard for elevator maintenance is that a company won't come in and do repair on elevators that another company is doing maintenance on due to the liability associated with the work. The maintenance contractor is on site every day doing various tasks and it would create conflicts to have another contractor on site doing repairs to the units being maintained.

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. A notice of intent to sole source was posted to www.sam.gov on December 22, 2021 requesting responses from vendors who believed they may be capable of performing the work. One response was received, however they were not an SDVOSB. No additional responses were received from verified SDVOSBs.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer will determine the fair and reasonableness of the proposed prices through a comparison of those prices to the Independent Government Estimate, market research, and other available price analysis techniques in accordance with FAR 13.106-3(a)(2).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Given the deteriorated conditions of the elevators, repairs are needed urgently to mitigate risks to public safety. Therefore, limited market research was conducted. A competitive procurement was solicited and awarded for ongoing preventative maintenance as a set-aside for SDVOSB concerns. ETI was the only quote received in response to the maintenance solicitation and was awarded contract number

VHAPM Part 819.7007/7008 Page 3 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

36C24221C0168 as a result. Further, a notice of intent to sole source was posted to Sam.gov on December 22, 2021 and closed on December 27, 2021 and received no SDVOSB responses. Given the previously described industry standard for elevator repairs and market research, the CO does not have a reasonable expectation of receiving competitive quotes from two or more SDVOSBs.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. Reference 38 USC 8127 (c)SOLE SOURCE CONTRACTS FOR CONTRACTS ABOVE SIMPLIFIED ACQUISITION THRESHOLD.—Except as provided in subsection (d)(2), for purposes of meeting the goals under subsection (a), and in accordance with this section, a contracting officer of the Department may award a contract to a small business concern owned and controlled by veterans or a small business concern owned and controlled by veterans with service-connected disabilities 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 simplified acquisition threshold (as defined in section 134 of title 41) but will not exceed $5,000,000; and

(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.

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

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: Upon completion of the elevator repairs, the elevators will be continued to be maintained by ETI under the preventative maintenance contract which is currently in the base year, with 4 yearly option periods remaining. The current contract will be reviewed annually prior to renewing the option period. A new competitive procurement will be pursued should the contract be completed in its entirety or if a determination to exercise an option is deemed not suitable

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.

Anthony Saccavino Interim Chief of Engineering VANYHHS, Manhattan

Anthony Saccavino 3629425

Digitally signed by Anthony Saccavino 3629425 Date: 2022.01.03 09:57:47 -05'00'

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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.

Rachel Beason Branch Chief, Services II

NCO 2

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.

Jadwiga Kustra Division Chief, Division II

NCO 2

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 $68 million) or approve ($700K to $68 million) for other than full and open competition.

Joseph P. Maletta Executive Director, RPO East Head of Contracting Activity (HCA)