P03- JA_OVER_SAT- 589-24-111 signed.pdf

Attachment 9: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 6 Revision: 02 Effective Date: 11/15/23 Acquisition ID#: __________________

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C255-24-AP-1404

1. Contracting Activity: Department of Veterans Affairs, VISN 15, Kansas City VA Medical

Center Facilities Management issued 2237 number 589-24-2-7968-0023 resulting in contract number 36255C24C0022 for Project 589-24-111, Repair Waterline Main Feed (Emergency).

2. Nature and/or Description of the Action Being Processed: This action is an emergency action. The main hospital water feed is leaking. This leak places the hospital in jeopardy of losing water service or the water being contaminated. Both issues would cause significant impact to the facilities ability to provide healthcare services to veterans, thus the risk has elevated this procurement to emergency status. This will be awarded as a standalone construction contract, as it is expected to exceed the JOC limit of $500,000. This will be issues as a not to exceed (NTE) amount of $550,000, based on the COR provided IGCE of $549,902.82. Contract number 36255C24C0022 has been assigned to this requirement. This contract was issues as a Firm Fixed Price but will be validated like a Time and Materials type contract to ensure fair and reasonable pricing.

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

The scope of work to be performed is as follows:

Contractor shall provide all material, labor, and equipment to replace 12” water main in the KCMO green space east of the KCVA front entrance from the Linwood BLVD to the Backflow pit, including but not limited to the following:

• Contractor will replace approximately 800’ of 12” class 52 cement lined ductile iron pipe from water meter located on the south side of Linwood BLVD to the Backflow pit located approximately 800’ south of water meter with Aquatherm (or equal) - green (12 inch diameter) piping, or equal, for potable systems. Green is approved for potable water under the UPC, IPC, IRC and in accordance with the CSA.

• Contractor is responsible for all Excavation and removal.

• Contractor is responsible for all backfill necessary.

• Contractor is responsible for bedding of pipe.

• Contractor is responsible for boring under any roadways.

• Contractor is responsible for all street signage and directing traffic impacted by work.

• Contractor is responsible for haul off waste as needed.

• Contractor is responsible for erosion control.

• Contractor is responsible for all City permits as needed.

• Contactor is responsible concrete thrust protection at turns.

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Acquisition ID#: __________________

• Contractor is responsible for line acceptance testing and commissioning.

• Contractor is responsible for hyper chlorination before activation.

• Contractor is responsible for all Utility Locates on campus.

• Contractor shall perform all work per code and VA specifications.

• Contractor is responsible for all concrete removal and concrete repairs.

• Contractor is responsible for removal of all old materials (pipe, fittings, concrete, steal, dirt, and rock...etc.)

• Contractor is responsible for restoring the site back to the original condition , including roadways and sidewalks.

• Contractor will provide all materials, equipment and safety items needed to replace 12” water main.

• Relocate and reinstall any utilities that interfere with job site.

• All spoils based on above dimensions to removed and disposed to at a controlled dump.

• Trench will be backfilled per code and VA specifications.

Relocation of small miscellaneous electrical during excavation.

The Government IGCE is $549,902.82 for the replacement of 800 linear feet of 12 inch water pipe. This will also require excavation, backfill material and pipe bedding material. These quantities are difficult to quantify, as there could be many unforeseen underground issues.

These issues will be better known after utility locates are preformed prior to digging. The Period of Performance (POP) is 90 days. This time is to accommodate the requirement to fix all landscaping and replace the grass. The water line work is anticipated to take between two and three weeks to replace, depending on weather and soil conditions. There will be no options associated with this contract and should be a onetime event.

This procurement meets all of the conditions outlined in (FAR 6.302-2) Unusual and compelling urgency as the period of performance will be under 1 year.

In addition to FAR 6.302-5 (b)(6), Sole source award under the Veterans Benefits Act of 2003 allows for this action to be awarded to a SDVOSB without competition.

Sections 502 and 503 of Public Law 109-461, the Veterans Benefits, Health Care, and Information Technology Act of 2006, as amended (38 U.S.C. 8127- 8128), authorizes a VA specific program to increase contracting opportunities for eligible small business concerns owned and controlled by Veterans with service-connected disabilities and small business concerns owned and controlled by Veterans. These businesses are commonly known as SDVOSBs/VOSBs.

VA's program is codified at 38 U.S.C. 8127(b), (c), and (d), and provides the authority for VA contracting officers to make awards to SDVOSBs/VOSBs using restricted competition, as well as other than full and open competition (sole source), as set-forth in this subpart.

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP, Revision 15 Effective Date: 04/15/23 allows for sole source direct awards to SDVOSB as long as the value is under $5,000,000.

4. Statutory Authority Permitting Other than Full and Open Competition:

https://www.acquisition.gov/far/part-6#FAR_6_302_2 https://www.acquisition.gov/far/part-6#FAR_6_302_5

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Acquisition ID#: __________________

( ) (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;

( X ) (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

( X ) (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 procurement action is an emergency action. The main hospital water feed is damaged causing it to leak. This line was repaired last year and the line failed again, resulting in the need to replace the approximately 800 feet of water line from the water meter to the hospital as the integrity of the waterline pipe has exceeded its useful life. This leak places the hospital in jeopardy of losing water service or the water being contaminated. Both issues would cause significant impact to the facilities ability to provide safe healthcare services to veterans, thus the risk has elevated this procurement to emergency status. Not only would the lack of water services result in extended wait times for veterans care, but it would also cause a crisis on how to provide safe inpatient care.

Even if the waterline does not completely fail if contaminates enter the waterline via the broken pipe, patients and staff could become ill. To avoid illness and unsanitary conditions all water would have to be boiled or bottled water used for everything. Thus the CO has determined that this raises the procurement to the level of Unusual and Compelling Urgency

(FAR 6.302-2).

In addition to Unusual and Compelling Urgency (FAR 6.302-2) which should be sufficient justification by itself, Authorized or Required by Statute (FAR 6.302-5) allows for soul source award to SDVOSB.

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

This action was initiated pursuant to FAR 6.302-2 Unusual and compelling urgency. As such the contracting officer reviewed his options to meet the emergent nature of the requirement. The first thought was to use the JOC contract, however the IGCE indicated that the scope of work would be above the allowable contract limit of $500,000.

Since this option was not available and the urgent need to stop the water leak to remove the risk of rendering the hospital unable to provide veteran care until water was made available the CO determined the best option was to sole source this requirement and issue a Not To https://www.acquisition.gov/far/part-6#FAR_6_302_5 https://www.acquisition.gov/far/part-6#FAR_6_302_2 https://www.acquisition.gov/far/part-6#FAR_6_302_2 https://www.acquisition.gov/far/part-6#FAR_6_302_2

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Acquisition ID#: __________________

Exceed (NTE) amount to a SDVOSB that was already mobilized at the KCVA and was available to start immediately.

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

Reasonable:

The CO had already received local market pricing for the work. In addition, the COR had provided an IGCE that supported the local market pricing received by the CO. The CO stipulated terms of the NTE value of $550,000 with the requirement for all costs to be provided for evaluation and verification by the COR and CO. The CO then limited the profit margin and overhead to 20% for all reasonable costs (labor, material, equipment rental).

Since this acquisition was urgent the CO determined that there was insufficient time to require any other stipulations (Firm Fixed Price), as they would put too much risk on the contractor given the short time provided for them to verify that the work could be done for the NTE amount, barring unforeseen conditions.

By limiting the NTE amount to the government IGCE and establishing a maximum profit % the CO felt the price paid by the Government would be determined Fair and Reasonable.

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

Market research indicated that the firm selected was an eligible SDVOSB. The research also indicted that there are more than two SDVOSB in the local region of the Kansas City VA Medical Center. No further research was done as the method chosen was based on FAR 6.302-2 Unusual and compelling urgency and Authorized or Required by Statute (FAR 6.302-5)

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

Given the urgent nature of fixing the watermain leak, a full in-depth evaluation of the situation could not be performed. The facility developed a scope of work that was very general given their limited experience with this type of situation. Creating an actionable construction procurement package with full specifications, conducting complete market research and generating an in house design that could be issued as open market solicitation was evaluated and determined the process would expose the Government to unacceptable level of risk given the typical procurement timeline plus the time associated with station package development. The Government conducted a site visit with the contractor and their subcontractors to review the basic scope and the intent of the project, leaving the means and methods up to the contractor, as long as they met all applicable codes and standards at the national, VA, and Local levels.

The CO also considered the risk of not receiving reasonable bids or no bids and the additional time it would take to negotiate a Fair and Reasonable price or resolicit the procurement. The risk was determined too high given the possibility of limiting or stopping

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Acquisition ID#: __________________ veterans care verses potential savings associated with full and open competition after set-aside.

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

This action was not posted for solicitation. The CO contacted the one source directly due to the emergency nature and urgent need.

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 action is an emergency action that was not predictable and does not lend itself to any preplanning. The only future corrective actions that could be taken would be to rotate the work between local qualified construction companies, thus providing a level of 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.

Preston White Date Title Facility

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

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

03/15/2024 David Sterrett Date Contracting Officer

NCO 15

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

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Acquisition ID#: __________________

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.

Arnold Payne Date NCO15 Duty Title

Facility