P03. JA OVER SAT FAR 6 Sole Source Sidewalk Construction GLA hs,jb,ss,cj_Redacted.pdf

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

Last Updated: 02/01/22

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C262-22-AP-1403

1. Contracting Activity: Department of Veterans Affairs (VA), VISN 22, Network Contracting

Office 22, located at 4811 Airport Plaza Drive, Suite 600, Long Beach, CA 90815. The VA 2237 funding document for this action is 691-22-1-5023-0008.

2. Nature and/or Description of the Action Being Approved: Proposed sole source award to Blue Nose Construction, a service-disabled veteran-owned small business (SDVOSB). This is a firm-fixed price construction effort for sidewalk construction surrounding Buildings 209, 213, 214, 215, 217, 267, and 500 located at the VA Greater Los Angeles Healthcare System, 11301 Wilshire Boulevard, Los Angeles, CA 90073.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This requirement is for construction services to repair sidewalks surrounding domiciliary Buildings 209, 213, 214, 215, 217, 267, and 500 in accordance with design documents and specifications provided by VA Greater Los Angeles Engineering. The installation is at the VA Greater Los Angeles Healthcare System, 11301 Wilshire Boulevard, Los Angeles, CA 90073. This requirement is classified under construction as it calls for the alteration of real property. The total estimated value of the proposed action is . The period of performance is 150 calendar days.

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): The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer. The statutory authority 38 U.S.C. 8127(c), provides the authority to directly contract with a SDVOSB. Blue Nose Construction has been determined to be an eligible SDVOSB concern in accordance with VAAR 819.7003 and a responsible source with respect to performance. Blue Nose Construction has completed construction projects of similar size, scope, and complexity, and has intimate knowledge of the facility having completed construction projects for VA Greater Los Angeles Healthcare System. Blue Nose

Construction is onsite and has available resources to provide the construction services in the exceptionally short time period needed for the construction of sidewalks.

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: Market research was conducted, details of which are in the market research section of this document. The statutory authority 38 U.S.C. 8127(c), provides the authority to directly contract with a SDVOSB. The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer. To ensure that opportunities are available to the broadest number of verified SDVOSBs, this authority will be used judiciously and only when in the best interest of the Government. In accordance with FAR 5.2 and FAR 6.305(a), a notice of the justification shall be made publicly available within 14 days of award.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The method that will be used to determine price reasonableness is a comparison of the Independent Government Cost Estimate (IGCE) to the proposed cost.

An IGCE was prepared by the project COR in the amount of . The Contracting Officer anticipates the cost will be considered fair and reasonable based on a comparison to the Independent Government Estimate.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Per Federal Acquisition Regulation (FAR) 10.001(a)(2), this report is in support of a new requirement with an estimated value in excess of the Simplified Acquisition Threshold (SAT). For this procurement, Market research was conducted using two Government databases, the Federal Procurement Data System (FPDS) and Vendor Information Pages (VIP). An initial search conducted of the VIP database to identified 1,826 verified SDVOSBs in the United under NAICS Code 236220. A query search of the FPDS database located two contracts awarded to Blue Nose Construction of similar size and complexity to the current project. The business decision to make a sole source is based upon the following reasons: (1) the contractor has completed similar size and complexity requirements; and (2) the contractor has necessary expertise based upon completed projects.

Based on the procedures authorized in VAAR 819.7007, the contracting officer has determined to make a sole source award to Blue Nose Construction. The vendor has met the eligibility criteria outlined in VAAR 819.7003, they are verified in VIP, and the action is below the $5M threshold.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. The statutory authority 38 U.S.C. 8127(c), provides the authority to directly contract with a

SDVOSB.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Blue Nose Construction, DUNS number 079251359, expressed interest in the 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: The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed.

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.

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.

Prepared By:

Harry Seballos Date Contracting Officer Network Contracting Office 22

Alan D. Trinh Chief, Office of Strategic, Facility & Master Planning VA Greater Los Angeles Healthcare System

Date 4/4/2022

Alan D. Trinh 168878

Digitally signed by Alan D. Trinh 168878 Date: 2022.04.04 09:30:25 -07'00'

Harry B. Seballos 511027 Digitally signed by Harry B. Seballos 511027 Date: 2022.04.04 18:36:51 -07'00'

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.

Date

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)

Date

James Barber Chief, Construction 3 Network Contracting Office 22

Sabrina Smith Director of Contracting Network Contracting Office 22

James R. Barber 252190 Digitally signed by James R. Barber 252190 Date: 2022.04.10 18:25:10 -07'00'

SABRINA

SMITH

Digitally signed by SABRINA

SMITH

Date: 2022.04.11 12:04:04 -07'00'

CURTIS JORDAN Digitally signed by CURTIS JORDAN Date: 2022.04.12 15:59:54 -06'00'