P03 JA for 75 75.pdf

SDVOSB/VOSB Sole Source Justification Format >SAT

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 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: 36C246-23-AP-2930

1. Contracting Activity: Department of Veterans Affairs, VISN 06, Salem VA Medical Center

658-23-2-5074-0509

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

NCO 6, Station 658 intends to Sole Source this requirmeent to a SBA VetCert Certified SDVOSB firm using the authority outlined in FAR 19.1406 and VAAR 819.7001. There is no procurement history for this requirement. The Contracting Officer intends to make an award of a firm fixed price contract IAW the methods outlined in FAR 13.5.

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

Abate Asbestos Pipe in Building 75 Attic and Building 77 Crawlspace: Asbestos abatement and disposal, and pipe reinsulating necessary in the removal of existing insulation on piping in the attic of Building 75 and the crawlspace of Building 77. Approximately three hundred forty feet (340’) of pipe is in Building 75 attic and three thousand five hundred twenty-five feet (3525’) of pipe is in Building 77 crawlspace. Work includes asbestos abatement and disposal of existing insulation and reinsulating of pipe, gaskets, elbows, and all fittings to produce a complete and useable insulation system. The period od performance for this service is 180 calendar days from notice of award. The Independent Government Estimate for this requirement is $425,292.57.

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):

Using the authority under 38 U.S.C. 8127(c) allowing sole source awards to Service-Disabled Veteran-Owned Small Business firms the Contracting Officer has determined Sandow a responsible source to fulfill this requirement. The Contracting Officer has reviewed the Sandow’s past performance, financials, and eligibility and has determined Sandow to be a responsible source.

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:

IAW FAR 5.202(a)(2) a solicitation for this requirement was not posted to the Government point of entry. Limited competition was used by posting a sources sought notice to SAM.gov on August 17, 2023 resulting in three firms returning capability statements. Sandow Construction, Anderson and Sons Construction, and Showcase Environmental, were all invited to the Salem VA Medical Center https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf 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 2 of 3

Effective Date: 04/15/2023 for a site visit. Limited competition was successful in obtaining fair and reasonable pricing.

Contractor’s proposals were returned with price under the IGE.

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

Reasonable:

Price and Price alone was the evaluation factor used when reviewing proposals. The IGE was $425,292.57, the returned proposals were $462,806, $357,235.00, and $349,084.95. The Contracting Officer reviewed pricing from returned proposals and compared them to the IGE and each other to determine fair and reasonable pricing. The lowest quote is 18% less than the IGE.

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 IAW with FAR 10 and documented on Market research reports tagged P02 in briefcase.

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

None, IAW 38 USC 8127(c) Sole Source Contracts for Contracts Above Simplified Acquisition Threshold.-For purposes of meeting the goals under subsection (a), and in accordance with this section, a contracting officer of the Department may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if-

(1) such concern is determined to be a responsible source with respect to performance of such contract opportunity;

(2) the anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 134 of title 41) but will not exceed $5,000,000; and

(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.

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

SANDOW

CONSTRUCTION

INC

4300 48TH ST

Bladensburg, Maryland 20710

JJKPJR3QLCL5

ANDERSON &

SONS

CONTRACTING

LLC

1109 Hillswick Lane

Raymore, Missouri 64083

ZNSNM32QQKK5

SHOWCASE

ENVIRONMENTAL

SERVICES INC

125 Drake STSTE B

Fayetteville North Carolina 28301

FCZNEKCZ51S3

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

Effective Date: 04/15/2023

11. 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.

(This signature is the requestor’s supervisor, fund control point official, chief of service, someone with responsibility and accountability)

Name Date Title Facility

12. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: This part if filled out by Contracting Staff as part of the Justification

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.

Name: Patrick Stultz Date Title: Contracting Officer Facility: Salem VA Medical Center

b. 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.

Name: Lee Russell Date Title: Division Chief

Facility: NCO 6

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 $75 million) or approve ($750K to $75 million) for other than full and open competition.

Name Date VHA Head of Contracting Activity (HCA) https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx VHASAMStultP Typewritten Text 9/13/2023