P03 FAR 13.5 Sole Source Justification - Over SAT.pdf

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C262-25-AP-0209

1. Contracting Activity: Department of Veterans Affairs, NCO 22, VA Greater Los Angeles Health Care System (VAGLAHS)

2237: 691-25-1-5042-0012

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

This procurement is to provide Industrial Hygiene services to the VAGLAHS.

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

This requirement is for a wide-range of Industrial Hygiene services at VAGLAHS in the following areas: various safety training; risk assessments; indoor air quality assessments; environmental sampling; ergonomic evaluations; laser and other electromagnetic radiation safety; confined space entry reviews; lockout/tagout; eyewash evaluations; CEOSH 3E Database Management; safety data sheet maintenance; asbestos, lead and mold site surveillance; inspector, risk assessor, supervisor and monitor; abatement and remediation observation; air monitoring and quality assurance; and other related services.

The Period of Performance (PoP) for this effort is from 01/01/2025 to 03/31/2025. The estimated dollar value of this requirement is $474,387.60.

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

(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):

The VAGLAHS has an urgent and immediate need for a contractor to continue to provide Industrial Hygiene services, to prevent a disruption in services that potentially impact the safety of veteran patients and staff. Additional time is required to research the acquisition strategy and compete this requirement for a long-term procurement. A short-term sole source award to the incumbent, SJS Executives, LLC, an SDVOSB, is warranted. SJS has been performing these services satisfactorily from 07/01/2019 - present. SJS Executives is aware of the VAGLAHS layout and has built a working relationship with mission partners to provide the required services without disruption

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Sources Sought Notice 36C26224R0152 was published on sam.gov on 10/03/2024 with a response due of 12:00 PM Pacific Time on 10/14/2024. This notice was posted with a NAICS of 541330 – Engineering Services ($25.5M). The applicable Product Service Code (PSC) is F111, Environmental Systems Protection – Multiple Pollutant Support.

Market research was also performed via veterans.certify.sba.gov. On 10/04/2024, 4,230 potential SDVOSB and VOSB vendors under NAICS 541330 were revealed.

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

The anticipated cost of this contract is considered fair and reasonable. The basis for this determination is pricing from current Task Order 36C26219D0042 | 36C26224N0561, which funded the six-month extension to the current contract. The services and scope of this work are virtually identical to the current contract.

The six-month price for Task Order 36C26219D0042 | 36C26224N0561 is $779,830.20. The three-month equivalent pricing for the current task order equals $389,915.10.

The price for this three-month sole source procurement is $474,387.60. When comparing this amount to the three-month price of $389,915.10 on the current Task Order, this new procurement is a $84,472.50 increase over the current Task Order. Although this is a 21.7 percent increase, increases in wages, combined with paying a premium for a very short-term contract, is considered reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted:

Market research was conducted as described in Section 6 above and in accordance with FAR Part 10.

A search of veterans.certify.sba.gov under NAICS 541330 showed 4,230 potential SDVOSBs or VOSBs nationwide that may be capable of performing these services. Sources Sought Notice 36C26224R0152 was also posted on 10/03/2024 with responses due by 10/14/2024. Four (4) SDVOSB vendors responded to this notice. All four (4) vendors that responded appear to have the capability to perform. Due to the urgent need to continue services without interruption, a short-term sole source contract will be awarded to the incumbent, SJS Executives, LLC, while the new long-term procurement is being competed.

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

Due to the reasons stated above in Sections 5 and 8 regarding SJS Executives unique capabilities, this vendor is already on-site and performing the current services required.

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

Aurora Industrial Hygiene 9666 Businesspark Ave., Ste. 102 San Diego, CA 92131 kshockley@auroraih.com 619-276-5901

SAM UEI: PWQJVHJC3G29

EHS Transormation Consultants 5284 Floyd Rd. SW, Unit 1046 Mableton, GA 30126 scolligan@ehstransformation.com 678-974-6893

SAM UEI: H26KNRBSEX89

SJS Executives, LLC 2652 Excalibur Court Virginia Beach VA 23454 avanmantgem@sjsexecutives.com 252-302-1786

SAM UEI: X75HC3VZDY98

United Global Health Consultants, LLC 307 North Gay Ave.

Panama City, FL 32404 Tomas.Widemond@ughconsultants.com 202-894-3330

SAM UEI: HXFFY3D8MKS3

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; and, this requirement will be competed in the subsequent contract.

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.

Robert Dalley Emergency Manager VA Greater Los Angeles Health Care System

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

mailto:avanmantgem@sjsexecutives.com https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

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.

William T. Cook Contracting Officer

NCO 22

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.

Flora J. Ceponis Branch Chief

NCO 22