P03 J_A Over SAT Boiler Cleaning and Maintenance NJHCS _Redacted.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 10 Page 1 of 4 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-20-AP-2371

1. Contracting Activity: Department of Veterans Affairs, VISN 02, Montrose VA Medical

Center, 2094 Albany Post Rd., Montrose, NY 10548.

2237: 561-21-1-5100-0020

2. Nature and/or Description of the Action Being Processed: Annual Boiler Cleaning and Maintenance at the New Jersey Health Care Sytem- East Orange and Lyons Campus.

The action will be awarded as a new, firm-fixed-price type contract.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The VA New Jersey Health Care System (VANJHCS) requires a service contract to perform Annual Cleaning of nine (9) Cleaver Brooks fire tube boilers located at the East Orange and Lyons Campus. This contract will also provide for tube replacement and hydrostatic testing of the boilers. The boiler cleanings are required as routine maintenance for the safety and longevity of the equipment and to remain compliant with VA Directive 1810.

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the

Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Miller & Chitty Company Inc., is the authorized agent for factory authorized service, parts and maintenance support of all Clever Brooks Products. Their contractual territory includes

OFOC SOP Revision 10 Page 2 of 4

Revision 10 Date: 09/10/2020 the 14 Northern and Central New Jersey counties. The vendor has provided a letter to support this statement. In previous contracts involving Clever Brooks boilers in the NJHCS, Miller & Chitty has been subcontracted by the awarded company to fulfill the requirements that only Miller & Chitty are capable of completing. This has caused unacceptable delays in fulfilling the agency requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A Sources Sought Synopsis was posted to beta.SAM.gov on 11/06/2020, RFI # 36C24221Q0200. Responses were received from four (4) vendors.

- Reagent World, Inc. is a chemical and technology development and distribution . Their capability statement did not include any experience with cleaning and maintenance of boilers.

- NBW Inc. an industrial mechanical contractor. The brochure provided by the company did not indicate that they are capable of cleaning and maintenance of Clever Brooks boilers.

- RJY Group, LLC. As provided in their capability statement are able to provide boiler chemicals and boiler water treatment.

- Accord Federal Services, LLC. HVAC services provided in their capability statement does not provide any experience with cleaning and maintenance of boilers or any other boiler experience.

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

Reasonable: The Contracting Officer determines that the anticipated cost will be considered fair and reasonable. This determination will be based on historical pricing for the same services of this requirement. Historical pricing has been obtained via FPDS and accessing information of previous awarded contract within NCO2/RPO-East.

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 by searching VIP and DSBS as well as posting Sources Sought on beta.SAM.gov. A VIP search was conducted using NAICS code 238220, New Jersey as the state and Boiler as the keyword. This search returned 16 vendors. A search was conducted on DSBS using NAICS code 238220, New Jersey as the state and boiler as the keyword. This search returned 18 vendors. A sources sought was posted and vendors that responded are not capable of meeting the requirement.

As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.

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

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

OFOC SOP Revision 10 Page 4 of 4

Revision 10 Date: 09/10/2020

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Date

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 $68 million) or approve ($700K to $68 million) for other than full and open competition.

Name Date VHA Head of Contracting Activity (HCA)

d. VHA Senior Procurement Executive Approval (over $68 million): 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.

Name Date Deputy Assistant Secretary for Acquisition and Logistics Senior Procurement Executive (SPE) Department of Veterans Affairs