P03 - 36C361-24-AP-0547 - FY24 - NCO 21 JOFOC Elevator Repairs HCA Approved.pdf

Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 01 Effective Date: 04/01/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C261-24-AP-0547

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO)

21. VA Palo Alto Healthcare System (VAPAHCS).

Purchase Request: 640-24-1-5278-0001 JOFOC Tracker#: FY24-NCO21-440

2. Nature and/or Description of the Action Being Processed: This is a new contract request.

The Office of Facility Planning and Development (OFPD) is requesting a firm-fixed price, Elevator specific procurement to repair various elevator systems located at the VA Palo Alto Division: 3801 Miranda Ave. Palo Alto, CA. 94304. The various buildings which require elevator specific repairs include: Building 100 Elevators C2/S1/S2/S3, Building 501 Elevators P1/P2, Buidling 701 Elevators 1/2/3, Building 500 Elevators P1/P2/S2/S3, Building 530 Elevator 1, and Building 710 Elevators P1/P2/S2/S3. During routine maintenance performed under Contract 36C26121C0023, it was discovered that the above referenced locations are in need of the repair services outlined in Section 3 below.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The proposed action is to award a firm fixed price contract to replace and repair the existing Elevator Systems located at the VAPAHCS. This includes the furnishing and installation of various leading units, car operating panels, hall fixtures, pump units and cables located at Elevator C2 by providing and installing cab interior drop ceilings, cab interiors, and elevator hoistway/cab doors located at Building 100, Elevators S1, S2, S3 Building 500, Elevators P1 and P2. Installing and providing Hydraulic lines, removing the existing hydraulic piping, couplers, ball valves located at Parking Structure 1, Elevators 1-2; Parking Structure 2, Elevators 1-3; Building 500, Elevators P1-2, S1-2; Building 530, Elevator 1; Building 710/Animal Research, Elevators P1-2, S2-3.

a) Estimated Dollar Value: $1,289,131.00

b) Estimated Period of Performance: 180 days

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

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

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( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

41 USC §3304(a)(1) as implemented by FAR 6.302-1. The authority allows sole source awards when only one responsible source and no other supplies or services will satisfy agency requirements based on 10 U.S.C. 3204(a)(1). During routine maintenance performed under Contract 36C26121C0023, it was discovered that the referenced elevator locations are in need of the repair services. Elevated Technologies, Inc. (ETI) is the incumbent who provides the current elevator inspections, maintenance, and repair services with an estimated ultimate completion date of January 31, 2026. To ensure the Deparement of Veterans Affairs maintains current contractual compliance and mitigate any risk of elevator failures, and avoid additional cost associated with soliciting and obtaining a second contractor, the current incumbent is considered the only reasonable source that can satisfy this need at this time.

Due to the scope magnitude, the contracting officer has made the determination that the repairs are out of scope for contract 36C26121C0023, it would be in the best interest of the government to issue an award to the incumbent Elevated Technologies, Inc. (ETI), the current provider of these maintenance/repair services at VAPAHCS. The contractor currently performs all monthly inspections and routine maintenance and repair services for all elevators listed in section 2. If a separate repair company were to compete for these services the work would need to undergo an additional full systems inspection (in some cases with a 3rd party certifier) to ensure the system is deemed safe and turned over to our current provider (ETI). Additionally, the contractor has been determined to be a responsible source with respect to performance & meets eligibility requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Market Research was conducted to ensure that offers are solicited. All indications are that only one responsible source and no other suppliers will satisfy agency requirements. The Contracting Office performed a VetCert search in November of 2023 referencing the NAICS Code: 238290 – Other Building Equipment Contractors, which returned 935 SDVOSB concerns. Elevated Technologies, Inc. A search for Elevator Maintenance/Elevator Repairs on the AbilityOne website returned zero (0) results. Acquisition History results also show that 2 other suppliers provided a competitive quote in response to solicitiation 36C26120Q0719 which is associated with awarded Contract 36C26121C0023: Panacea Construction Group, LLC and JohnsonDanforth & Associates, both are verified SDVOSB concerns. However, due to the nature of this request, it would be in the best interest of the government to issue a Sole-Source award to the incumbent Elevated Technologies, Inc.

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

Reasonable:

The Contracting Officer will determine the price fair and reasobale by comparing the proposed priceg to the Independent Government Estimate per FAR Sub Part 15.404-

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1(b)(2)(v) to ensure that the price is determined to be fair and reasonable before award is made.

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

In accordance with FAR 10.001, Market Research has been conducted. The Contracting Office performed a VetCert search on November of 2023 referencing the NAICS Code:

238290 – Other Building Equipment Contractors, which returned 935 SDVOSB concerns.

An additional search referencing the incumbent also returned 1 certified SDVOSB concern.

(Elevated Technologies, Inc.) However, it was discovered under NAICS Code 238290, ETI is considered a Large Business based on the Size Standards of $22 Million. A search for Elevator Maintenance/Elevator Repairs on the AbilityOne website is returned zero (0) results.

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

Elevated Technologies, Inc. (ETI) is the incumbent provider of these elevator maintenance and repair contract under Contract 36C26121C0023 with an estimated ultimate completion date of January 31, 2026. No other Facts. 38 USC 8127(c).

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

Elevated Technology, Inc. (ETI) expressed written interest in this acquisition.

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:

No actions available to avoid barriers to competition.

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.

Timothy McCoy Date Maintenance Control Manager/Engineer Facility Planning/OFPD

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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.

Jose Hernandez Date Contracting Officer Network Contracting Office 21 (NCO 21)

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Nicholas J. Kluch Date Director of Contracting

Network Contracting Office 21 (NCO 21)

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) https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx