P03 J and A for Exception to Fair Opportunities - Building 35A Repairs upload.pdf

SDVOSB Sole Source Justification – 36C241-24-AP-0686 Project 689-24—121 | Building 35 Repairs

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 4 Revision: 02 Effective Date: 04/15/2023

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:___36C241-24-AP-0686 – Project 689-24-121, Building 35A Repairs_______

1. Contracting Activity: Department of Veterans Affairs, VHA, Regional Procurement Office East, Network Contracting Office 1 for VISN 01, VA Connecticut Healthcare System, West Haven Campus.

The 2237 number has not been assigned to date. The project has an approved Project Tracking Report and is included in the FY24 NRM Operating Plan published by the VISN 1 Capital Asset Manager. This list is used as commitment that funding will be made available at the time of award.

The 2237 will be requested when the final price is negotiated, and the contract is ready for award.

2. Nature and/or Description of the Action Being Approved: During the demolition phase of construction project 689-22-207, Replace 35A Roof, awarded under contract 36C24123C0005 that was solicitation as an SDVOSB set-aside, there was significant water infiltration to the building due to years of roof leaks, mechanical leaks, and plumbing leaks, all active at the time the differing site condition was identified. Due to several areas of the roof that were completely rotted with a significant risk of falling through, the contractor was directed to remove the ceiling tiles from the second floor, remove the vapor barrier, and remove the insulation to perform a visual inspection of the roof for structural damage. The insulation was saturated with water causing a second differing site condition with extensive leaking in the building that required immediate cleanup. During that cleanup there was a severe rainstorm causing water infiltration on the second floor to the first floor.

The VA Safety Officer visited the site and informed the CO and the COR that with the humidity in the building, there was approximately 24 – 48 hours before mold and mildew growth in the building.

The CO directed the Contractor to remediate the building. This work included moving file cabinets and office furniture, removing drywall and carpet, removing ceiling tiles, vacuuming up the water and rental of equipment to dry the building to prevent the growth of mold and mildew. Additionally, the contractor used the Tremco materials on site to provide a temporary seal of the building as a measure to secure the building from additional leaks.

The space provided by this building is a desperate need of the facility. The research staff has been relocated through the facility and surrounding areas.

This proposed action is a follow-on procurement as an SDVOSB sole source to repair the building.

The contractor, Rothwell Construction, performed all remediation efforts in response to the differing site conditions identified above and therefore, have an intimate knowledge of the needs to restore the building back to a useful condition. They have performed the work to replace the damaged joists and have already identified wall studs that need to be replaced. A follow-on sole source procurement to Rothwell Construction under the authority of VAAR 819.7008 is in the best interest of the Government based on their knowledge of the building and the need of the facility.

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 4

Effective Date: 04/15/2023

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The scope of the project is the repair of building 35 to useful and occupiable space. The work includes the following:

Structural repair of north and south facing exterior walls:

a. Temporarily structurally brace internal joists on both first and second floor capable of holding weight of structure.

b. Removal of brick veneer and downspout gutters of entire southern wall and 20’ wide of both stories of northern wall where damage is on interior.

c. Removal of all southern wall’s insulation and plywood

d. Removal of specific damaged section on northern wall (Veneer, insulation, and plywood) Lateral supports are to remain or temporarily replaced.

e. Replacement in kind of damaged studs, sill plates, and any other observed damaged wood structures of entire southern wall. Any damage that is dry rot, black mold, or anything that compromises structural integrity of building.

f. Replacement in kind of damaged studs, sill plates, and any other observed damaged wood structures of damaged northern wall. Any damage that is dry rot or black mold, or anything that compromises structural integrity of building.

g. Installation of new outer plywood and proper insulation (both walls) Structural nailing pattern to be placed as existing.

h. Installation of new brick veneer as best match to existing (both walls).

i. Installation of new downspout gutters.

The contractor’s work shall consist of the following for the interior repairs:

a. Installation of ceiling grid on second floor (Grid and tiles)

b. Repair or sealing of any damaged wood structures on interior. There are several damaged plywood pieces that need replacement along with a few small floor stud sections. These will need to be evaluated for structural integrity.

c. Installation of missing sheetrock walls of first and second floor with similar thickness and type as existing.

d. Taping, priming and painting of all walls to be uniform and minor patching of any damaged walls.

e. Removal of first floor carpeting and installation of vinyl tile flooring of both first and second floors.

f. Reinstallation of lighting fixtures/smoke detectors/sprinkler heads/HVAC systems/wifi onto ceiling grid that are currently in place but hanging loose.

g. Reinstallation of outlet covers and data jack covers into new walls.

h. Broom clean of construction area damaged prior and during construction period.

The Independent Government Cost Estimate for this project is $601,528.30. The IGCE was developed using RS Means. The period of performance is 180 calendar days after receipt of the notice to proceed.

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 4

Effective Date: 04/15/2023

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).

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a certified 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 authority in paragraph 4 allows sole source awards to SDVOSBs. Rothwell Construction is certified as an SDVOSB as verified in SBA VetCert. Rothwell Construction is also registered in SAM as required. Additionally, they have performed successfully on the preceding contract and have been determined to be responsible in accordance with FAR Part 9.

This procurement meets the requirements of VAAR 819-7008, as follows:

(a) The anticipated award price will not exceed $5 million;

(b) This justification pursuant to FAR 6.302-5(c)(2)(ii) will be posted to contract opportunities in accordance with FAR Part 5 within 14 days of contract award;

(c) The SDVOSB, Rothwell Construction, is determined to be a responsible contractor with respect to performance; and

(d) In the estimation of the contracting officer, contact 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 FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

In accordance with VAAR 819.7008(b), the contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer. Based on the documentation provided in paragraph 2 above, the use of this authority is in the best interest of the Government. Therefore, additional offers will not be solicited and a sources sought is not necessary.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The contracting officer anticipates the cost of the resulting contract will be fair and reasonable. The price analysis techniques identified in FAR 16.404-1(b), will be used in this determination to include comparison with the IGCE, market research, and technical advice from the

COR.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Market research was not accomplished. Rothwell Construction meets the eligibility requirements of VAAR 819.7003(b), is a certified firm in SBA VetCert, registered in SAM, and is otherwise a responsible contractor based on previous performance under Contract 36C24123C0005. The procurement value does not meet the $5million threshold.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. This procurement action is being solicited under 41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute), and as such there is no further https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 4 of 4

Effective Date: 04/15/2023 authority necessary.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Rothwell Construction is the only source that has expressed interest in the procurement in writing or otherwise.

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: This procurement is a one-time action as a follow on to Contract 36C24123C0005. There are no further actions planned for this requirement. Upon completion of the construction performance under the resulting contract, renovations to the building will be completed and the facility will be able to occupy the space. There will not be any subsequent acquisitions required.

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.

signed 12/21/2023_____________ Judith Ruggiero, Contracting Officer Network Contracting Office 1

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

a. 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.

signed 12/21/2023_____________ Brenda Bigelow, Branch Chief Construction Branch 1 Network Contracting Office 1 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx