P03. PG_Part819.7008.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 2 Revision: 02 Effective Date: 04/15/2023

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C263-24-AP-5203

1. Contracting Activity: Department of Veterans Affairs, VISN 23, Grand Island Medical Center:

Network Contracting Office 23 Services Branch: 2237: 636-24-4-5058-0195

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

This is an emergency requirement for repairs to the Grand Island VA medical center refrigerator which stores inpatient food supplies. Currently food preparation for inpatients in on hold until the repairs can be completed.

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

Competition cannot be met on a timely basis as inpatient food preparation is on hold for these repair services. Mark VII, BDH Engineering, and Control Services were contacted to provide informal market research (i.e., pricing) to complete the scope of work based on the statement of work surrounding the inpatient kitchen work. Two bids were received one of which was from an SD VOSB entity. Both bids appeared to be reasonable based on the nature of the scope and surrounding price factors such as timing, expediting installation, geographic location, and weekend after-hours work.

The quote received from Mark VII properly captured the requirement’s scope by pricing out four compressors for installation. Despite CSI’s cheaper quote for compressors, they did not capture the requirement as comprehensively as Mark VII.

Furthermore, Mark VII is an SD VOSB entity. Award to this small business aligns with the VA’s rule of two for SD VOSB set-aside awards.

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 (DEVIATION) or VAAR

819.7009 (DEVIATION) up to $5,000,000. Check the specific VAAR clause used below:

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

Mark VII is a local certified SDVOSB that is capable of immediately starting the required repairs.

https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf

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

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 2 Revision: 02 Effective Date: 04/15/2023

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:

See paragraph 3.

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

The costs base on informal quotes from three separate local vendors show that the costs are fair and reasonable.

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

See paragraph 3.

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

None

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

Firm 1: Mark VII Enterprises Firm 2: BDH Engineering Firm 3: Control Services

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:

There are no barriers to competition – a sole-source award is being pursued in order to expedite the needed repairs.

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.

Curt LaRose Date Contracting Officer NCO 23 Supply/Services Team 2 Branch Chief

09/24/2024 https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202