P03 - 556-23-117 Justification and Approval - Sole Source_SIGNED.pdf

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

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 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: 36C252-23-0490

1. Contracting Activity: Department of Veterans Affairs, VISN 12, Captain James A. Lovell

Federal Health Care Center (FHCC), North Chicago, IL.

2237: 556-23-2-6977-0008

2. Nature and/or Description of the Action Being Approved: Firm-Fixed Price IDIQ for Environmental Abatement Testing and Monitoring at the Captain James A. Lovell FHCC.

The IDIQ has a 5 Year Ordering Period and a $750K Capacity.

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

James A. Lovell Federal Health Care Center (FHCC) has a requirement to establish a new single award Firm-Fixed Price, Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Environmental Abatement Testing and Monitoring at the Captain James A. Lovell FHCC, North Chicago, IL 60064. This requirement engages a contractor to provide project oversight during planned abatement activities. Provide Asbestos Project Manager/Air Sampling Profession (APM/ASP) to perform project oversight, and asbestos air monitoring and clearance sampling for planned abatement activities. All APM/ASP services shall be conducted in accordance with all applicable and current Federal and State of Illinois Department of Publish Health regulations for asbestos abatement. This requirement is for abatement testing and monitoring only. The abatement testing and monitoring contractor cannot also be the abatement (removal) contractor. All work under this IDIQ will be for the Captain James A. Lovell FHCC, 3001 Green Bay Rd., North Chicago, IL 60064.

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 819.7008 or 819.7009 up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7009 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):

The Contractor has previously worked at the Captain James A. Lovell FHCC successfully. The contractor has extensive knowledge of the VA procedures and policies. The contractor has been found responsible in accordance with FAR Part 9. Additionally, the contractor is a licensed contractor with Cook County, IL where the hospital is located. In accordance with Public Law 109-461 and VAAR 819.7007: Sole Source Awarded to Verified Service-Disabled

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

Effective Date: 01/01/2023

Veteran-Owned Small Business, allows Contracting Officer to make a sole source award to a SDVOSB using procedures other than competitive procedures up to $5M. This is a business decision wholly within the discretion of the contracting officer and therefore has been deemed to be in the best interest of 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 FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

Response information required:

- Provide all current licenses issued by the Illinois Department of Public Health for Testing and Project Monitoring for Asbestos and Lead.

- Company name, address, point of contract, phone number, SAM - Unique Entity ID (UEI), and business status. Identify self-performance, any Teaming Agreement or Arrangement, and/or intention of subcontracting.

- Evidence of your Firm’s ability to perform 50% of the requirement IAW 52.219-14 Limitations on Subcontracting Clause. All information must be submitted insufficient detail for a decision to be made on the availability of interested SDVOSB, VOSB or SB concerns.

Three (3) contractors provided a response. Only one contractor was determined to be SDVOSB certified and satisfied all the Government Sources Sought information.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The proposed prices will be compared against historical data to determine fair and reasonable pricing. Additionally, for future task orders, the proposed prices will be compared to the Independent Government Estimates to determine fair and reasonable pricing.

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

Reasons Market Research Was Not Conducted: Search results from a combination of GLAC acquisition history, a VIP search and responses from a Sources Sought notice under NAICS 541620 only identified one (1) contractor that is a SDVOSB and possesses current licenses issued by the Illinois Department of Public Health for Testing and Project Monitoring for Asbestos and Lead. IAW VAAR 819.7008, this procurement should be considered for a sole source award.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: On January 27, 2023, the GLAC posted a Sources Sought Notice through SAM for NAICS: 541620. The following sources provided a response.

- Tropical Environmental, Inc.

- Specialty Consulting, Inc.

- Trinity Industrial Services

10. 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 are planned. The GLAC will continue to conduct market

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3

Effective Date: 01/01/2023 research for future actions to determine if the industry base expands to meet future requirements.

11. 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.

Brice Johnson Date Engineering Division Manager, COR Captain James A. Lovell FHCC

12. 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.

Ryan McMillin Date Contracting Officer Branch Chief – Construction Team 1 Network Contracting 12 Great Lakes Acquisition Center (GLAC)

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.

Rich Hedman Date Division Chief, Construction

Network Contracting Office 12 Great Lakes Acquisition Center (GLAC)