P03 - JA BRAND NAME ONLY SOLAR LIGHTS- DC SIGNED.pdf

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

Rev: 13 Effective Date: 02/01/22 Page 1 of 5

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C257-22-AP-3323 JOFOC Log Number: 2022-05-26T05:31:23

1. Contracting Activity:

The agency responsible for this acquisition is the Department of Veterans Affairs (VA), Network Contracting Office (NCO)17, San Antonio, Texas. The Department of Veteran Affairs proposes to enter into a contract on the basis of justification for other than full and open competition. This contract will be for the Central Texas Veterans Health Care System (CTVHCS) in Temple, TX.

Purchase Request: 674-22-2-5065-1072

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

This procurement is for the acquisition of Brand Name Only solar lighting parts in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items. The solar street and parking lot light project was originally implemented in Temple, TX in 2009. The solar panels and poles were warrantied for 20 years and are still under warranty. However, the lamps have been changed from compact fluorescence lamps to LED lamps. The batteries and controllers have not been changed in the past 11 years. In order to comply with the solar panel’s manufactures’ warranty, the OEM batteries, controllers, and lamps are recommended to sustain the maintenance of the solar lighting system. Therefore, the OEM components are required to be sourced from the original vendor.

There have been a lot of complaints from the police service, night staff nurses, veterans, and VA employees about the poor arial night campus lighting. This is due to several solar lights being out in the winter months. This project is to repair the solar street and parking lot light issues we have at the CTVHCS, Temple, TX campus. This project is to repair and retrofit the solar street and parking lot lighting system by installing new batteries, regulators, and repairs where needed. This will upgrade lighting conditions, improve night safety, reduce electric energy use, lower maintenance costs, and enable CTVHCS to move towards the mandated energy conservation.

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

The objective of this project is to repair and retrofit the solar street and parking lot lighting system by installing new batteries, regulators and repairing where needed to upgrade lighting conditions, improve night safety, reduce electric energy use, lower maintenance costs and to enable CTVHCS move towards mandated energy conservation goals.

The contractor shall retrofit each one of the 147 solar light poles’ battery box/housing on the pole by transposing the battery box from its present location underneath the south facing solar panel to facing north. Note, only the battery boxes shall be transposed from their present orientation, not the solar panels. The work may include drilling new holes on the poles to mount the existing battery

Effective Date: 02/01/22 Page 2 of 5 box or mounting a new bracket to mount the battery box. Other hardware like nuts and bolts may be need for this job. This is to make it easier to replace the batteries during maintenance without having to go underneath the solar panel. It is more difficult to swap out the battery from underneath the solar panel than when the battery box is on the opposite of the solar panel. The list of the solar light poles is included in the attached excel document.

The estimated contract value (to include any option years): $300,000.00 Period of Performance: 90 Days ARO

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):

This is a Brand Name Only requirement. Market research conducted noted the solar panels and poles are warrantied for 20 years. Utilizing anything other than OEM parts for the solar lighting will void the warranty. The Contract Specialist contacted the original equipment manuafature Solar Electric Power Company (SEPCO) and asked if they have certified vendors for their equipment.

SEPCO stated they do not have certifified vendors and anyone can purchase their parts and install them.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

A search was conducted using VIP, Ability One, FPDS

Searched VIPVET.gov using NAICS “221114” and keyword “Ceiling Lifts” one hundred thirty three

(133) results were returned. The Contract Specialist (CS) emailed thirty four (34) vendors. Two (2) SDVOSB’s responded stating they are interested in the requirement. See the VIP Query in the eCMS briefcase.

The Contracting Specialist queried mandatory sources Ability One for the procurement of the supplies but zero (0) matched the required services.

Searched FPDS “221114” and keyword “Solar Lights” found six (6) contracts actions were found.

The Mission Partner located three (3) SDVOSB’s and one (1) VOSB that is interested in performing the services.

Effective Date: 02/01/22 Page 3 of 5

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

Reasonable:

The Contracting Officer has determined that the anticipated cost will be fair and reasonable by comparing all quotes submited. There are at least five (5) SDVOSB’s interested in submitting pricing.

The CS will also reach out to the OEM and see if they can get a pricing sheet.

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

Searched VIPVET.gov using NAICS “221114” and keyword “Ceiling Lifts” one hundred thirty three

(133) results were returned. The Contract Specialist (CS) emailed thirty four (34) vendors. Two (2) SDVOSB’s responded stating they are interested in the requirement. See the VIP Query in the eCMS briefcase. The Mission Partner located three (3) SDVOSB’s and one (1) VOSB that is interested in performing the services.

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

This requirement calls for utilizing the OEM parts so the warranty will not be voided. See warranty in the eCMS briefcase.

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

1. 11 Series Energy, Inc. (SDVOSB) 4525 Pagosa Springs Cir Melbourne, FL, 32901 Phone: 918-850-9094 Email: macksasser@11seriesenergy.com

2. MVG America, LLC (SDVOSB) 14090 Southwest Fwy. Suite 300 Sugarland, Tx 77498 Donald Glover Phone: 832-316-9005 Email: donald.glover@mvgesolutions.com

Mission Partner Found:

3. Worldwide Construction Solutions LLC (SDVOSB) 21927 Pesa Cv San Antonio, TX 78266 Walter Lamar Phone: 210-296-8996 www.wcsolutionstx.com

4. S&B Services (SDVOSB) 3912 Belstrum Dr.

Effective Date: 02/01/22 Page 4 of 5

Flower Mound, TX, 75028 Amos Adams Phone: 469-394-8789 sanders@energyepcsolutions.com

5. JDC Energy Resource, LLC (SDVOSB) 9434 Viscount Blvd.

El Paso, TX, 79925 DeMarco Wren Phone: 915-219-9369 dwren@jdcenergyresource.com

6. R. K. Bass Electric (VOSB)

1200 E. FM 2410

Harker Heights, TX, 76548 Robert Torres Phone: 254-698-8751 service@basselectric.com

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:

Currently there are atleast six (6) SDVOSB’s/VOSB’s interested in performing the requirement. There have been no changes in the marketplace at this time. If another requirement is determined to be needed, market research will be conducted before beforehand.

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.

George Wokoma Date

COR

Engineering Service

Effective Date: 02/01/22 Page 5 of 5

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.

Isela P. Loveless Date Branch Chief - Contracting Officer NCO 17 - Facilities, Engineering, EMS (FEE)

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

Jeff S. Morris Date Division Chief

NCO 17 - Regional Procurement Office West https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx