P03. FAR 13.5 Sole Source Justification - Over SAT.PP.pdf

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C249-23-AP-1122

1. Contracting Activity: Department of Veterans Affairs, VISN 09, Tennessee Valley Healthcare System (TVHS), 1310 24th Avenue South, Nashville, TN 37212, Engineering Services. The proposed contract is with S.M. Lawrence for 3 boiler plant operators located in Nashville, TN. This contract will be for six months beginning through September 30, 2023.

The identifying purchase request is 626-23-2-4138-0044 and the estimated cost is $557,700.00 for six months.

2. Nature and/or Description of the Action Being Processed:

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for Boiler Plant Operator Service for Nashville Veterans Affairs Medical Center (VAMC) 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. Requesting a sole source firm fixed contract to S.M. Lawrence Company, 245 Preston St. Jackson, TN 38301.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Furnish three (3) AC Operators based on a 40hr/week schedule to be provided by Nashville VA for a time period of 6 months starting on first working day. OJT (On the Job Training) will begin with all 3 technicians starting at the same time to minimize the amount of time it will take to learn the facility. OJT operator pay will be covered by SM Lawrence during the training period and lasting a total of 3 weeks at 40hrs per week per Operator. Operators must be certified on the control systems utilized by the Department of Veterans Affairs. Shifts will be varied in a non consecutive manner to cover times when FTE are not available. Shifts can be at varied times as well (1st shift, 2nd shift, 3rd shift).

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement.

Competition is restricted on this procurement for the reason below:

( ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

Effective Date: 02/01/2022 Page 2 of 4

(x ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability, or

Expert Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): This requirement is an urgent and compelling need for boiler plant operator services. These services cannot be disrupted because veteran care is needed for our patients. Without this service, the hospital would not be able to provide things such as hot water, heat or other critical environmental functions. A long-term contract in the process of being established.

S.M. Lawrence has provided certified boiler plant operators in the past. This contractor is the only contractor capable of providing experienced, certified operators in the short time required to prevent disruption of services.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: This was an urgent request with no time to provide a full and open solicitation.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Price reasonableness was conducted using past contracts awarded by the contracting officer. The contractor’s pricing is in-line with the previous contracts and the operators required skills and certifications did not change. Additionally the vendor is required to provide operators at the current Department of Labor Rates, therefore, pricing is considered fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Due to the urgent and compelling need of this procurement, limited market research was performed.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Verbal approval was sought and granted through the chain of command to have the service continue without interruption due to the timing of the protest. There was no delay in service.

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

Lawrence was the only contractor contacted for this service

Effective Date: 02/01/2022 Page 3 of 4

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: This requirement will be competed in the future as a long term solution requires more research and an Integrated Procurement Team to ensure a solid acquisition strategy and source selection plan.

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.

Kimberly West 3/1/2023 Kimberly S West Date Administrative Officer Veterans Healthcare Services

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.

Michael Edwards Date Contracting Officer Network Contracting Office 9

MICHAEL

EDWARDS

Digitally signed by

MICHAEL EDWARDS

Date: 2023.03.15 12:12:29 -05'00' 3/15/23

Effective Date: 02/01/2022 Page 4 of 4

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.

Harry Grambo III Date Branch Chief Network Contracting Office 9

Harry R.

Grambo 941663

Digitally signed by Harry R. Grambo 941663 Date: 2023.03.16 16:22:22 -04'00'

3/16/23