P03 J_A Approved.pdf

Part 806.3 Other Than Full and Open Competition (OFOC) Attachment 7: Request for Sole Source Justification Format >SAT

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C262-22-AP-1953

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 691-22-1-074-0010.

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 provide design and construction services for parking-space solutions at VA Greater Los Angeles Healthcare System

(VAGLAHS).

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This is a priority project for the implementation of the VAGLAHS 2016 Draft Master Plan providing necessary housing for homeless Veterans in Los Angeles, California. Project 691-21-123

– Parking-Space Solutions will resolve the loss of 2 parking lots to the Enhance Use Lease (EUL) program totaling 283 parking stalls in calendar year 2022 and will provide adequate parking for VA functions and activities until all parcels are transferred to the EUL program in 2036 (~15 years). Veterans and staff will continue to require reasonable and accessible parking to receive and deliver healthcare services during the transfer of parcels to the EUL program which will dramatically decrease parking on the North WLA Campus with construction activity and added housing for homeless Veterans.

Project 691-21-123, Parking-Space Solutions will provide accommodations for an increased requirement of VA WLA Campus operations and housing development parking demand within its North Campus quadrant. In order to minimize disruption to operations and housing and limit street parking utilization, there have been three (3) surface parking sites identified for construction or reconstruction. The Project will create a minimum of 186 newly constructed or reconstructed parking spaces, provide a mechanism for the Medical Center to methodically implement its building occupancy strategy in the North Campus, relieves pressure on parking capacity which allows housing development to proceed without interruption, and sites can be restored to open space or as other uses as parking demand evolves.

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

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 (VAGLAHS). D Square is on-site at VAGLAHS and has available resources to provide the construction services expeditiously within the required calendar days to complete the project.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: 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. 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 and conduct negotiation when necessary. 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: Per Federal Acquisition Regulation (FAR)10.001(a)(2), this report is in support of a new requirement with an estimated value in excess of the Simplified Acquisition Threshold (SAT). For this procurement, Market research was conducted using two Government databases, the Federal Procurement Data System (FPDS) and Vendor Information Pages (VIP). An initial search conducted of the VIP database identified 740 verified SDVOSBs in the state of California under NAICS Code 236220. A query search of the FPDS database located two contracts awarded to D Square Construction LLC of similar size and complexity to the current project. A determination that only one SDVOSB can meet the requirement is not required. The business decision to make a sole source is based upon the following reasons: (1) the contractor has completed similar size and complexity requirements; and (2) the contractor has necessary expertise based upon completed projects. Based on the procedures authorized in VAAR 819.7007, the contracting officer has determined to make a sole source award to D Square Construction LLC. 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 Construction, LLC, DUNS number 827861670, expressed interest in the acquisition.

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 Veteran’s 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

Francisco Celis Date Division Chief, Construction Branch Network Contracting Office 22

b. One Level Above the Contracting Officer (Required over the SAT, exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Sabrina Smith Date 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 recommend approval (if over $75 million) or approve ($750K to $75 million) for other than full and open competition.

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

2/17/2022

02/17/2022

2/19/2022

Alan D. Trinh 168878

Digitally signed by Alan D. Trinh 168878 Date: 2022.02.17 12:39:53 -08'00'

Maria Cruz- Thompson 305871

Digitally signed by Maria Cruz- Thompson 305871 Date: 2022.02.17 13:00:37 -08'00'

FRANCISCO CELIS

127076

Digitally signed by FRANCISCO

CELIS 127076

Date: 2022.02.19 09:27:14 -08'00'

Sabrina J.

Smith 405687

Digitally signed by Sabrina J. Smith 405687 Date: 2022.02.23 21:42:47 -07'00'

CURTIS JORDAN

Digitally signed by CURTIS

JORDAN

Date: 2022.02.24 16:16:30 -07'00'