P03 J_A 36C25221C0059.pdf

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 2

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: 36C252-21-AP-0891

Purchase Request Number: 537-21-2-6985-0013

1. Contracting Activity: Department of Veterans Affairs, VISN 12, Great Lakes Acquisition

Center, 115 South 84th Street, Suite 101, Milwaukee, Wisconsin 53214.

2. Supported Activity: Jesse Brown VA Medical Center, 820 South Damen Avenue, Chicago, Illinois 60612-4223 (“JBVAMC”).

3. Nature and/or Description of the Action Being Processed/Description of Services

Required to Meet the Agency’s Needs: This acquisition is for follow-on emergency repairs to JBVAMC’s hot condensate system pursuant to FAR 13.106-1(b)(2). An initial Notice to

Proceed was issued on or about December 8, 2020, in order to restore heat to JBVAMC, followed by a second Notice to Proceed on December 16, 2020, to prevent the steam system from heating JBVAMC’s toilet water to almost the boiling point. The emergency repairs covered by the second Notice to Proceed is the subject of this acquisition. The IGCE for this second round of emergency repairs is $360,000.00, while the Contractor’s actual quote totals

$347,844.00.

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):

As set forth in Paragraph 3, this acquisition began via a Notice to Proceed on December 16, 2020, for emergency repairs to JBVAMC’s hot condensate system pursuant to FAR 13.106-

1(b)(2). The damaged steam system was heating toilet water to nearly boiling, posing an

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 2

Original Date: 08/30/17

Revision 03 Date: 02/11/2021 imminent threat of serious bodily harm to JBVAMC patients and staff. The Notice to

Proceed was issued to Commercial Heating & Air Conditioning LLC (“Commercial”), a local small business already onsite conducting repairs to JBVAMC’s steam system on a previous emergency Notice to Proceed. Based on Commercial’s familiarity with and ability to repair the steam system coupled with its ready availability, Commercial was reasonably judged to be the business best able to fulfill this urgent requirement.

6. Description of market research conducted and results or statement why it was not conducted: Market research conducted in accordance with FAR Part 10 and the VHA

Procurement Manual. Market Research Report in Contract File.

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

Reasonable: The initial indication that the Contractor’s quoted price of $347,844 is fair and reasonable comes from comparison to the IGCE, which is $360,000.00. This initial indication is confirmed by a review of awards in FPDS using the same NAICS and Product

Service Codes as this requirement for major heating system repairs. FPDS shows a price range of $116,919.00 to $2,812,956.54 indicating an exceptional price variability for this type of work, depending on the extent of the needed repairs. Nonetheless, an average price of $366,595.83 for these contract actions indicates that the Contractor’s quoted price appears to be fair and reasonable.

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

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

Contracting Officer

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:

Branch Chief, Services Team https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx