P03. JA_OVER SAT_EMERGENCY Electrical Site Prep, FC_Redacted.pdf

OFOC SOP Revision 08 Page 1 of 3 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C262-21-AP-4941, EMERGENCY, Repair Unit AC-33, Electrical Site Prep, Building 1, 6th Floor, North Wing, Research Laboratory.

1. Contracting Activity: Department of Veterans Affairs, VISN 22, Network Contracting Office 22, located at 4811 Airport Plaza Drive, Suite 600, Long Beach, CA 90815. The VA2237 funding document for this action is 664-21-4-5082-0217.

2. Nature and/or Description of the Action Being Processed: This is a firm-fixed price effort to provide EMERGENCY AC-33 Repair, Electrical Site Preparation for Building 1, 6th Floor Research Lab at the VA San Diego Healthcare System (VASDHS).

Description of Supplies/Services Required to Meet the Agency’s Needs: This is an Emergency project due to the degraded/retrogressed condition of unit AC-33 and the immediate need to repair the equipment before reaching catastrophic failure. An electrical site preparation is required to provide power to Building 1, 6th floor, North Wing, Research Lab during the shutdown and repair of unit AC-33.

The VASDHS Veterinary Medical Unit houses approximately 5,000 animals for VA research. This research is funded by VA, the National Institutes of Health, the American Heart Association, and other national foundations. A catastrophic failure of AC33 has the potential for loss of decades of research progress in specially-bred animal lines, millions of federal dollars, breach of contracts for ongoing studies, and loss of accreditation to conduct animal research from the Association for Assessment and Accreditation of Laboratory Animal Care. Any loss of animal life due to negligent maintenance of required environmental controls under federal policies would gravely damage the VASDHS, VA organization, and National Institutions accomplished reputation, research, and funding.

Estimated amount: Period of performance is 365 calendar days.

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

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

(X) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

4. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Unusual and Compelling Urgency (FAR 6.302-2) precludes full and open competition and delay in award of this contract would result in loss of decades of research progress in specially-bred animals, millions of federal dollars, breach of contracts for ongoing studies, and loss of accreditation to conduct animal research from the Association for Assessment and Accreditation of Laboratory Animal Care. Any loss of animal life due to negligent maintenance of required

OFOC SOP Revision 08 Page 2 of 3

Revision 08 Date: 04/18/2018 environmental controls under federal policies would gravely damage the VASDHS, VA Organization, and National Institutions’ accomplished research. This is an emergency project due to the degraded/retrogressed condition of unit AC-33 and the need to immediately repair the equipment before reaching catastrophic failure. The contracting officer determined that the circumstances of the contract action deem only one source reasonably available based on urgency. Authorization was given by a Contracting Officer to proceed with the requirement with Sygnos LLC, an SDVOSB, who were onsite and available to perform immediately for the VASDHS.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Full and open competition and delay in award of this contract could result in Unit AC-33 failure with loss of decades of research progress in specially-bred animals, millions of federal dollars, breach of contracts for ongoing studies, and loss of accreditation to conduct animal research from the Association for Assessment and Accreditation of Laboratory Animal Care. Based on the short-notice emergency, the Contacting Officer determined that the circumstances of the contract action deem only one source reasonable available based on urgency. Authorization was given to proceed with the requirement with Sygnos LLC, an SDVOSB, who were available to perform immediately for the VASDHS.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer determines the anticipated costs to be considered fair and reasonable based o the Independent Government Estimate.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: EMERGENCY. Results from VIP database query by applicable North American Industry Classification System (NAICS) code 236220 revealed 170 SDVOSBs who could potentially perform the requirement requested. Based on the short-notice emergency, no SDVOSB/VOSBs from VIP were notified. The contracting officer determined that the circumstances of the contract action deem only one source reasonably available based on urgency. Authorization was given by a Contracting Officer to proceed with the requirement with Sygnos LLC, an SDVOSB, who were available to perform immediately for the VASDHS.

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: Based on the short-notice emergency, the Contacting Officer determined that the circumstances of the contract action deem only one source reasonable available based on urgency.

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: The Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed under the circumstances.

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.

OFOC SOP Revision 08 Page 3 of 3

Revision 08 Date: 04/18/2018

12. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Harry Seballos Contracting Officer Network Contracting Office 22

13. 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.

Francisco Celis Date Branch Chief

Network Contracting Office 22

Harry B. Seballos 511027 Digitally signed by Harry B. Seballos 511027 Date: 2021.08.23 13:44:16 -07'00'

FRANCISCO

CELIS 127076

Digitally signed by

FRANCISCO CELIS 127076

Date: 2021.08.24 09:54:55 -07'00'