P03 - JA - Exception to Fair Opportunity_Redacted.pdf

VHAPM Part 816.5—Indefinite Delivery Contracts Page 1 of 4 Original Date: 08/30/2017 Date: 03/11/2019 Rev 02

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C261 20 AP 6666

1. Contracting Activity: Department of Veterans Affairs, VISN 21, Network Contracting Office 21, Las Vegas Southern Nevada Health Care System, 6900 N. Pecos Road, Las Vegas, NV 89166, PR# 593 21 1 5905 0004

2. Description of Action:

The proposed sole source Task Order against the VISN 21 Group 1 MACC Contract 36C2619D0092 (Acierto, LLC) is for a firm fixed price (FFP) effort to install a stainless steel wire, stainless steel tubing, and stainless steel hardware barricade system within the core and at outer portions of stairwell # 7 in Building 5 at the Las Vegas VA Southern Nevada Healthcare System. This is an urgent request subsequent to an incident at the facility which highlighted this stairwell as being a critical safety concern for the facility’s staff and patients.

3. Description of Supplies or Services:

The proposed action will require the construction contractor to provide all documentation, labor, materials, equipment, and supervision for the installation and construction of stainless steel wire, stainless steel tubing, and a stainless steel hardware barricade system within the core, and at outer portions of stairwell #7 in Building #5 at the Las Vegas VA Southern Nevada Healthcare System. The project will also install a locking gate to allow access inside the barricade system at the basement level of the stairwell core. The total estimated value of the proposed action is

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) Subpart 16.505 Subpart 16.505(b)(2)(i):

(X) FAR Subpart 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

( ) FAR Subpart 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( ) FAR Subpart 16.505(b)(2)(i)(C): The order must be issued on a sole source basis in the interest of economy and efficiency because it is a logical follow on to an order already issued under the

VHAPM Part 816.5—Indefinite Delivery Contracts Page 2 of 4

Date: 03/11/2019 Rev 02 contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR Subpart 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR Subpart 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source”. The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service Disabled Veteran Owned Small Business (SDVOSB) or a Veteran Owned Small Business (VOSB).

( ) FAR Subpart 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111 240 (15 U.S.C.

644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

5. Rationale Supporting Use of Authority Cited Above:

This requirement was submitted by the Las Vegas VA Southern Nevada Health Care System in response to a critical safety concern that was identified subsequent to an incident involving a staff member at the facility. Following the incident, the facility determined, with the concurrence of Contracting, that providing safety railing and netting in the Stairway #7 of Building #5 was an urgent need to protect the safety and well being of the facility’s patients and staff. Initial Market Research indicated that Acierto LLC, a multiple award contract awardee on the VISN 21 Group 1 MACC, had previously completed contract 36C26118C0018 to install the safe safety measures throughout the stairwells in the Las Vegas VA SNHCS’s Building #1. Additionally, Acierto’s shop drawings from Contract 36C26118C0018 are being used as the basis of design for this requirement. Furthermore, the stainless steel mesh netting that will be installed requires specialized battery powered swage tools that are specific to the stainless steel netting that will be installed. Acierto does not need to procure these specialized tools as they already have them from the previous contract which saves the Government both time and approximately

6. Efforts to Obtain Competition:

Market research was conducted, details of which are in the market research section of this document. This effort did not yield any additional sources that can meet the Government’s requirements as this is a logical follow on IAW FAR 6.302 1(a)(2)(ii)(B).

7. Actions to Increase Competition:

None: Please see response to Question #6 above. This procurement is an urgent requirement to correct a critical safety concern. Although not provided on this requirement due to urgency, VHAPM Part 816.5—Indefinite Delivery Contracts Page 3 of 4

Date: 03/11/2019 Rev 02 competition and/or fair opportunity will be provide to the maximum practicable extent on future construction project.

8. Market Research:

Market Research conducted and documented utilizing VIP, FEDDATAREPORT, and a review of VA historical contracts. VIP search conducted utilizing NAICS 236220 (Commercial and Industrial Building Construction). VIP returned 784 Service Disabled Veteran Owned Small Businesses (SDVOSBs) and 64 Veteran Owned Small Businesses (VOSBs) operating within NAICS 236220 in the search area of Nevada, California, Arizona and Utah that could reasonably be expected to meet the needs of the requirement. However, due to the urgency of the requirement as determined by facility and NCO 21 leadership, it was determined to solicit this requirement IAW FAR 6.302 1(a)(2)(ii)(B) as a logical follow on to VA Contract 36C26118C0018 awarded to Acierto, LLC for the installation of stairway safeguards throughout Building 1 at the Las Vegas VA SNHCS. In addition, due to the requirements urgency, it was determined to solicit this requirement as a sole source directly to Acierto, LLC against their VISN 21 Group 1 MACC contract (36C2619D0092). Fair opportunity need not be provided IAW FAR 16.505(b)(2)(A) as providing fair opportunity would likely result in unacceptable delays.

9. Other Facts:

As previously stated in response to Question #5 above, Acierto’s as built drawings from Contract 36C26118C0018 are being used as the basis of design for this requirement. During construction and installation of the Building #1 Stairwell Safeguards, the basis of design was VA Task Order VA261 15 3960. During construction, Acierto identified many design deficiencies making their final as built drawings a valuable design resource for this contract. Their corporate knowledge of the design, construction, and installation of the product will be invaluable in addressing this critical safety concern urgently.

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

11. Determination that Anticipated Cost is Fair and Reasonable: A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

VHAPM Part 816.5—Indefinite Delivery Contracts Page 4 of 4

Date: 03/11/2019 Rev 02

12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

13. Approvals in accordance with VHAPM Part 816.505 Indefinite Delivery Contracts: Ordering.

a. 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.