P03-Fire Suppression Services SIGNED 2.pdf

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 4 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C249-21-AP-3292

Contracting Activity: Department of Veterans Affairs (VA), Veterans Integrated Service Network 09, Alvin C. York Veterans Affairs Medical Center (VAMC), Murfreesboro, Tennessee 37129, station 626 and 2237# 626-22-1-4138-0007 sent to Network Contracting Office 9, 1639 Medical Center Parkway, Suite 400, Murfreesboro, TN 37129 requirement for fire suppression service.

Nature and/or Description of the Action Being Processed: This procurement is for a new firm fixed-price contract for Fire Suppression services for the Murfreesboro VA Medical Center, Alvin C. York in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR

13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

Requesting sole source to City of Murfreesboro 111 W Vine St Murfreesboro, TN 37130.

Description of Supplies/Services Required to Meet the Agency’s Needs: This sole source procurement is for fire suppression service with the City of Murfreesboro. The estimated value of this contract is $1,275,919.30, with a period of performance of October 1, 2021 through September 30, 2022. The contractor must be able to provide emergency response service to cover the entire VA Medical Center to include reaching the upper levels of the multiple-story building in the event a rescue is required. The contractor must have the ability to provide additional personnel and vehicles to cover all the other buildings and structures if there is more than one disaster at the same time.

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

( ) 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): Procurement history has shown

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Revision 03 Date: 02/11/2021 that there are no other sources capable of providing the service within the required radius.

Murfreesboro Fire Department has a fire engine with the ability to dispense over 1000 gallons per minute and equipment to reach the upper levels of the medical facility if needed. The City of Murfreesboro possesses the manpower and designated 2 firehouses within 3.5 miles from the Medical Center with designated personnel to remain on call to respond if a disaster occurs at the facility

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Recent inquiry to the county fire department showed that the county still does not have the requirement capable of reaching the multiple story buildings on campus or the manpower available if a fire or multiple disasters occurs. The City has multiple firehouses throughout the City and a few within a 3.5-mile radius of the hospital. Intent to Sole Source was posted in www.SAM.gov under 36C24921Q0415 from 07/21/2021-08/03/2021 with no response.

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

The contracting office will compare quoted pricing to historical documents, the independent government cost estimate (IGCE), and will negotiate with the vendor to obtain f and reasonable pricing.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research revealed that no Service-Disabled Veteran, Veteran-Owned, or other small businesses are capable of meeting the requirement in Statement of Work. Market research conducted on Dynamic Small Business Search (DSBS) returned no results.

The contractor must be located 3.5 miles from the front entrance of the Medical Center, and response time should be within 8 minutes of an initial call with a minimum of four trained full-time firefighters on duty.

Any Other Facts Supporting the Use of Other than Full and Open Competition: If this contract does not get awarded, the Alvin C. York VA Medical Center will violate Federal Regulations since the VA Medical Center will not have fire suppression service. The Firefighters must meet the requirement of National Fire Protection Association (NFPA) 1001, Standard for Fire Fighter Professional Qualifications. Fire Engine driver and operator must be licensed to drive motorized firefighting equipment and operate specialized firefighting pumping equipment, mounted pressurized systems and dispensing devices. The driver and operator required to meet the NFPA 1002. The Contractor shall maintain a pumping apparatus, which meets the criteria of NFPA 1901 Standard for Pumper Fire Apparatus. The Pumper must have a minimum pump capacity of 750 gallons per minute.

Additionally, a second Pumper must be maintained as a reserve, which meets the same criteria as above. The City of Murfreesboro is the only provider capable of providing this service with the equipment necessary, manpower, and within the required service radius.

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

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Revision 03 Date: 02/11/2021

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 VA will continue to research the surrounding area to see if any other vendor can meet the required 3.5 miles radius for fire suppression services in accordance with VA handbook 7701.02 Fire Department Service at VA Medical Center.

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.

Jake Slivensky Date Title: Safety Manager Facility: Engineering Service, Alvin C. York Campus

JACOB

SLIVENSKY

Digitally signed by JACOB

SLIVENSKY

Date: 2021.08.05 14:58:36 -05'00' 8/5/21

PM Part 813.5 SAP for Certain Commercial Items Page 4 of 4

Revision 03 Date: 02/11/2021

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.

Lori L. Ellis Date Contracting Officer Network Contracting Office 9

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.

Thomas N. Allman Date Branch Chief Network Contracting Office 9

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.

Kenneth N. Hooks Jr. Date Division Chief Network Contracting Office 9

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.

Tara L. Petersen Date Director of Contracting Network Contracting Office 9

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 approve ($750K to $7.5 million (or $15.0 million for acquisitions described in FAR 13.500(c)) for other than full and open competition.

Date

LORI ELLIS

Digitally signed by LORI

ELLIS

Date: 2021.08.06 13:02:22 -05'00'

8/6/21 for

8/11/2021

8/11/2021

Thomas N. Allman 709696

Digitally signed by Thomas N.

Allman 709696 Date: 2021.08.11 07:06:18 -05'00'

ROBERT KELLNER Digitally signed by ROBERT KELLNER Date: 2021.08.11 12:22:14 -05'00'

Tara L. Petersen 3529852

Digitally signed by Tara L.

Petersen 3529852 Date: 2021.08.13 15:39:33 -05'00'

TERRY

SPITZMILLER

Digitally signed by TERRY SPITZMILLER Date: 2021.08.17 13:58:30 -05'00'

8/13/21

8/17/21