P03 Exception to Fair Opportunity (FS) R_Redacted.pdf

VHAPM Part 816.5—Indefinite-Delivery Contracts Original Date: 08/30/2017 Date: 02/19/2021 Rev 06

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C249-21-AP-2278

1. Contracting Activity: Department of Veterans Affairs, VISN 09, Lexington VA Medical Center, 596-

21-3-070-0043.

2. Description of Action: This is a new requirement for brand name Nemschoff healthcare furniture to support the Sousley Campus Community Living Center (CLC) House 1 & 2 expansion project. This requirement will be set aside for SDVOSB opportunities and competed among nine mandatory

SDVOSB IDV contract holders. A firm fixed price delivery order will be awarded against one of the nine mandatory SAC IDIQ contracts.

3. Description of Supplies or Services: The Lexington VA Medical Center has a brand name only requirement for Nemschoff healthcare furniture to support the Sousley Campus (CLC) House 1 & 2 expansion project. This procurement is estimated at .

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section

41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) Subpart 16.505

Subpart 16.505(b)(2)(i):

( ) FAR Subpart 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

( X ) FAR Subpart 16.505(b)(2)(i)(B): Multiple awardees are capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( ) FAR Subpart 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR Subpart 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR Subpart 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source”. The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small

Business (VOSB).

Date: 02/19/2021 Rev 06

5. Rationale Supporting Use of Authority Cited Above: This is a brand name only justification in support of FAR 11.105, Items peculiar to one manufacturer. The current furniture located near the

Sousley Campus (CLC) House 1 & 2 area is Nemschoff brand. The benefit to the government in using the same brand furniture with exact matching components building upon existing product is in maintaining a professional work setting and allowing for interchangeability of pieces. Since

COVID 19 work areas have been often redesigned allowing for social distancing. Often furniture ordered specifically for one area ends up being used in another. In these instances, the interchangeability of pieces plays a key role in maintaining a professional work environment when the same brand of furniture is used throughout an area.

6. Efforts to Obtain Competition: Nemschoff does work with several Service-Disabled Veteran Owned

Small Business mandatory IDV contract holders. These contractors are Original Equipment

Manufacturer authorized distributors of Nemschoff products.

7. Actions to Increase Competition: A brand name only request for quote will be sent to contract holders set aside for Service-Disabled Veteran Owned Small Business Opportunities to maximize competition and ensure the government obtains a fair and reasonable price based upon competition.

8. Market Research: The Lexington VA Medical Center has a brand name only requirement for Nemschoff healthcare furniture to support the Sousley Campus (CLC) House 1 & 2 expansion project.

Market research has revealed there is adequate competition to issue a solicitation as a set-aside for SDVOSB’s with the nine mandatory SDVOSB IDV contract holders. This requirement will be competed among the nine IDV contract holders IAW Policy Flash 17-14, Strategic Sourcing Contract Support, VA’s contracting officers should support VA’s strategic sourcing program by utilizing the national contracting organizations of the NAC, DALC, SAC and TAC to the maximum extent practicable. Also, per CPL&O Memo dated August 23, 2016, it is VHA’s policy that items available on national contracts/BPAs that are not available via prime vendor distribution networks will be acquired by placing appropriate orders against these national contracts. The furniture contracts established by the SAC are mandatory as of December 3, 2018. Contracts must be awarded by region.

9. Other Facts: N/A

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

05/18/2021

Timothy Crowe Date Housekeeping Aide Supervisor Lexington VA Medical Center

Date: 02/19/2021 Rev 06

11. Determination that Anticipated Cost is Fair and Reasonable: This requirement will be awarded as a firm fixed price delivery order against a mandatory IDIQ contract to an SDVOSB contractor. Fair and reasonable pricing will be obtained through competition by purchasing items already on contract.

12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Keith J. Nestinger

220842

Digitally signed by Keith J.

Nestinger 220842

Date: 2021.05.18 14:33:19 -05'00'

Keith Nestinger Date Contracting Officer Network Contracting Office 9

13. Approvals in accordance with VHAPM Part 816.505 Indefinite Delivery Contracts: Ordering.

a. 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.

MONICA E.

THOMPSON 110287

Monica Thompson

Digitally signed by MONICA E.

THOMPSON 110287

Date: 2021.05.18 15:01:39 -05'00'

Contracting Officer Date Branch Chief, Supply West Network Contracting Office 9