P03 J_A 36C262-21-AP-5584 Water Distribution System.pdf

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

VHAPM Part 819.7007/7008 Page 1 of 5 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C262-21-AP-5584

1. Contracting Activity: Department of Veterans Affairs (VA), VISN 22, Network Contracting

Office 22, located at 4811 Airport Plaza Drive, Suite 600, Long Beach, CA 90815. The VA2237 funding document for this action is 691-21-4-5234-0001.

2. Nature and/or Description of the Action Being Approved: Proposed sole source award to D Square Construction LLC (D Square), a service-disabled veteran-owned small business (SDVOSB). This is a firm-fixed price construction effort to Improve Water Distribution System located at the VA Greater Los Angeles Healthcare System.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Priority project to address Fire Life Safety issues related to B205, B208 & B207 for the implementation of the West Los Angeles HCS 2016 Draft Master Plan to provide housing for homeless Veterans.

Currently there are 3 building scheduled for completion in 2nd quarter FY 2022. All three buildings do not have the adequate or required fire water flow to receive certificate of occupancy from LA County Fire Marshall. This is a life and safety project that will provide adequate fire suppression water pressure and flow to allow occupancy certificate to be issued by the LA County for 162 housing units for homeless Veterans immediately.

The total estimated value of the proposed action is .

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 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

( X ) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or

( ) 819.7008 Sole source awards to a verified veteran-owned small business

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Revision 03 Eff Date: 04/03/2020

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): The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer. The statutory authority 38 U.S.C.

8127(c), provides the authority to directly contract with a SDVOSB. A determination that only one SDVOSB can meet the requirement is not required. D Square has been determined to be an eligible SDVOSB concern in accordance with VAAR 819.7003 and a responsible source with respect to performance. D Square has completed construction projects of similar size, scope, and complexity, and has intimate knowledge of the facility having completed construction projects for VA Greater Los Angeles Healthcare System. D Square is onsite and has available resources to provide the construction services in the exceptionally short time period needed for the implementation of the West Los Angeles Healthcare System 2016 Draft Master Plan to provide housings for homeless Veterans to combat Veterans homelessness in Los Angeles. In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government.

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 subpart 5.2 and, if not, which exception under 5.202 applies: Market research was conducted, details of which are in the market research section of this document. The statutory authority 38 U.S.C. 8127(c), provides the authority to directly contract with a SDVOSB. The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer. To ensure that opportunities are available to the broadest number of verified SDVOSBs, this authority will be used judiciously and only when in the best interest of the Government. In accordance with FAR 5.2 and FAR 6.305(a), a notice of the justification shall be made publicly available within 14 days of award.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The method that will be used to determine price reasonableness is a comparison of the Independent Government Cost Estimate (IGCE) to the proposed cost. An IGCE was prepared by the project COR in the amount of . The CO anticipates the cost will be considered fair and reasonable based on a comparison to the Independent Government Estimate.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: A search of the VIP database identified 1,816 verified SDVOSBs under NAICS Code 236220. The statutory authority 38 U.S.C.

8127(c), provides the authority to directly contract with a SDVOSB. COs may use the non-

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Revision 03 Eff Date: 04/03/2020 competitive (sole source) procedures authorized in VAAR 819.7007 Sole source awards to a verified service-disabled Veteran-owned small business which states:

(a) A contracting officer may award a contract to a verified SDVOSB concern using procedures other than competitive procedures provided –

(1) The anticipated award price of the contract (including options) will not exceed $5 million;

(2) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.301(d);

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and

(4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government.

(b) The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer. To ensure that opportunities are available to the broadest number of verified SDVOSBs, this authority is to be used judiciously and only when in the best interest of the Government.

(c) A determination that only one SDVOSB can meet the requirement is not required. However, in accordance with FAR 6.302-5(c)(2)(ii), contracts awarded using this authority shall be supported by a written justification and approval described in FAR 6.303 and 6.304, as applicable.

(d) When conducting a SDVOSB sole source acquisition, the contracting officer shall ensure the business meets eligibility requirements in 819.7003

Based on the procedures authorized in VAAR 819.7007 above, the contracting officer has determined to make a sole source award to D Square The vendor has met the eligibility criteria outlined in VAAR 819.7003, they are verified in VIP, and the action is below the $5M threshold.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. The statutory authority 38 U.S.C. 8127(c), provides the authority to directly contract with a

SDVOSB.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: D Square, DUNS number 827861670, expressed interest in the acquisition.

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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: Priority project funding has become available for the implementation of the West Los Angeles Healthcare System 2016 Draft Master Plan to provide housing for homeless Veterans to combat Veterans homelessness in LA. The Government will continue to strategically plan future projects that may arise that would enable future actions to be competed under the circumstances.

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.

Alan D. Trinh Date Chief, Office of Strategic, Facility & Master Planning VA Greater Los Angeles Healthcare System

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.

Prepared By:

Maria Cruz-Thompson

Date

Contracting Officer Network Contracting Office 22

Maria Cruz- Thompson 305871

Digitally signed by Maria Cruz- Thompson 305871 Date: 2021.09.10 14:32:49 -07'00'

Alan D. Trinh 168878 Digitally signed by Alan D. Trinh 168878 Date: 2021.09.13 13:29:40 -07'00'

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Revision 03 Eff Date: 04/03/2020

Francisco Celis Date Chief, Construction Branch Network Contracting Office 22

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Chelsea Black Date Acting, Director of Contracting Network Contracting Office 22

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 for other than full and open competition.

Curtis M. Jordan Date Executive Director, Regional Procurement Office West Head of Contracting Activity (HCA)

9/13/2021FRANCISCO CELIS

127076

Digitally signed by FRANCISCO

CELIS 127076

Date: 2021.09.13 13:11:10 -07'00'

CHELSEA M. BLACK

149055

Digitally signed by CHELSEA M.

BLACK 149055

Date: 2021.09.13 15:48:21 -07'00'

CURTIS M.

JORDAN 597130

Digitally signed by CURTIS

M. JORDAN 597130

Date: 2021.09.14 16:18:57 -06'00'