P03 JA 36C262-25-AP-0950.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 04 Effective Date: 11/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C262-25-AP-0950

1. Contracting Activity:

Department of Veterans Affairs, Regional Procurement Office – West (RPO-W) Network Contracting Office (NCO) 22, Services Branch 4

664-25-2-5473-0002

Name of Proposed Contractor: D-Square Construction, LLC

Street Address: 530 E. 27th Street

City, State, Zip: Tucson, AZ 85713

Phone: 520-748-9371

2. Nature and/or Description of the Action Being Approved:

A stand-alone, firm-fixed, non-recurring service contract, to maintain and polish diesel fuel tanks at the VA San Diego Healthcare System (VASDHS). The fuel tanks are a source of back-up generator power for the various buildings on the campus.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

Vendor services to perform under the guidelines of the American Society for Testing and Materials (ASTM), required industry standard maintenance of several diesel fuel tanks, including internal flushing and replacement of filters, lines, as needed, until fuel meets/complies with the following EPA regulatory standards:

• 40 CFR Part 63.6604(b), Compression Ignition (CI) Reciprocating Internal Combustion Engines

(RICE)

• 40 CFR 1090.305, Ultra-Low-Sulfur Diesel (ULSD)

Total estimated value, all-inclusive, is $340,578.

Completion of performance on four (4) tanks is required by before 02/13/2025.

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3 Revision: 04 Effective Date: 11/15/2024

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 819.7008 (DEVIATION) or VAAR

819.7009 (DEVIATION)- up to $5,000,000. Check the specific VAAR clause used below:

(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):

As per VAAR 819.7008, this contract is awarded using other than competitive procedures, as the authority allows under 38 U.S.C. 8127(c), to a verified SDVOSB that is responsible and capable of fulfilling the requirement. The estimated value of this award does not exceed $5M. The total estimated award is not to exceed $350,000, all inclusive.

A business decision is made in the best interest of the Government to immediately source to D-Square Construction, LLC.

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:

A sources sought notice was published on 12/27/2024. The closing date for responses is 1/6/2025.

The synopsis number is 36C26225Q0300. A business decision is made in the best interest of the Government to immediately source to D-Square Construction, LLC. This justification will be posted on the Contract Opportunities (SAM.gov) within 14 days after contract award.

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

Market research was continuously conducted to the point of award. Feedback was sought within industry subject matter points of contacts with respect to general pricing. Additionally, similar service contracts from other locations establish a baseline for fair and reasonable pricing.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Market research was continuously conducted to the point of award. All feedback and information from market research data collected, with fair and reasonable pricing established, leading to the VA’s decision to immediately award to D-Square Construction, LLC, a verified SDVOSB.

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

None.

https://www.va.gov/oal/library/vaar/vaar819.asp#8197008 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009 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 3 of 3 Revision: 04 Effective Date: 11/15/2024

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

D-Square Construction, CAPEX Construction, Crow Point Energy, EDG Entities, Gold Wave, Mass Tank, Purodyne.

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:

The VHA develops policies and procedures in alignment with the FAR to promote full and open competition in the acquisition process and to provide for full and open competition, full and open competition after exclusion of sources, other than full and open competition, and advocates for competition. It is standard practice to maximize usage of competitive procedures as practicable before contemplating issuance/award basis of other than full and open competition.

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.

Joseph Dobbins, Chief of Engineering Date VA San Diego 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.

Anita Amodia, Branch Chief Date RPO-W, NCO22, Division 1, Services 4 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx