P03 JA Over SAT Mold_3 ss.pdf

VHAPG Part 806.3 OFOC

Revision: 03 Effective Date: 04/15/24

Acquisition ID#: 36C25724AP4065

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C257-24-AP-5170

JOFOC # FY24 – NCO 17 - 2878

Verbal Approval: N/A

Award Date:

1. Contracting Activity:

Department of Veterans Affairs, Regional Procurement Office West, Network Contracting

Office (NCO 17).

Department of Veterans Affairs, Veterans Integrated Services Network 17 (VISN 17), Doris

Miller Veterans Affairs Medical Center (VAMC), 4800 Memorial Blvd, Waco, TX 76711.

The 2237 number is 674-24-4-8827-0403. The total cost of the purchase order is

$722,208.69.

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

The proposed sole source action is for a firm-fixed price (FFP) contract with Bancroft

Valiant Joint Venture, LLC to remove mold at the Waco VAMC in building 1. The mold was discovered following the May 22, 2024 severe storm that caused substantial damage to roofs on the campus of the Waco VAMC. Bancroft Valiant Joint Venture, LLC has done credible work in this area, on this campus, and of this type of roof system. Network Contracting

Office 17 (NCO17) intends to negotiate and award a contract on a SDVOSB sole source basis to Bancroft Valiant Joint Venture, LLC.

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

The contractor shall provide all labor and materials needed to accomplish the tasks associated with the statement of work (SOW) to remove mold and repair downspouts and waterproof around perimeter at the Doris Miller VAMC, Waco, TX. The independent government cost estimate (IGCE) is $565,000.000. The price proposal from Texas Velocity Enterprises, LLC is

$722,208.69. The period of performance will be 213 calendar days after NTP. There are no option years.

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

( ) (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

Acquisition ID#: 36C25724AP4065

( X ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by

FAR 6.302-5; 806.302-570(c) Sole source awards above the simplified acquisition threshold as authorized by 38 USC §8127(c);

( ) (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 emergency requirement falls under FAR 6.302-5 Authorized or required by Statute and

VAAR 806.302-570(c) Sole source awards above the simplified acquisition threshold as authorized by 38 USC §8127(c). The Doris Miller VAMC has roofs on building 1 that were damaged by the recent storm that occurred on May 22, 2024, causing mold to grow. Mold exposure can cause a range of health issues, such as, allergic reactions and respiratory problems, wheezing, shortness of breath, and other breathing difficulties. Mold can also trigger asthma attacks in people with asthma halting patient care and causing financial loss due to damage of buildings and equipment.

Bancroft Valiant Joint Venture, LLC and its subcontractor has extensive knowledge of the

Doris Miller VAMC campus and the capabilities that are necessary to perform the work without disrupting patient care. Due to the impact of patient care and financial loss from a subsequent storm, there is a need for this work to be awarded, performed, and completed by a contractor that is already at the Doris Miller VAMC location.

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

Due to the nature of this requirement, only one source is considered to have the capability and the knowledge to remove mold and repair downspouts and waterproof around perimeter for the Doris Miller VAMC. Bancroft Valiant Joint Venture, LLC was selected due to availability, capability, and familiarity with the Doris Miller VAMC Building 1.

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

Reasonable:

In determining that Bancroft Valiant Joint Venture, LLC’s price will be fair and reasonable it was compared against the independent government cost estimate (IGCE), a previous similar roof procurement at this location, and past awards of similar scope for other Veterans Affairs locations. The IGCE for this requirement is 480,000.00. A past award, 36C25724C0064 at this location for building 14 and 17 was $738,438.00 and was awarded on 7/21/2024.

8. Description of the Market Research Conducted and the Results, or a Statement of the

Reasons Market Research Was Not Conducted:

Market research is required per FAR 10. Market research was conducted using the VA

Market Research Report Template over SAT located at VHAPG Part 810.001 and can be found in the contract file. The Engineering group contacted Bancroft Valiant Joint Venture, LLC and was chosen because of past performance, experience, expertise in the Waco VA

Acquisition ID#: 36C25724AP4065

Building 1 and a recent previous award, 36C25723C0098, specifically for renovation of

Building 1.

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

N/A

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

Bancroft Valiant Joint Venture, LLC a SDVOSB has expressed interest and provided an informal proposal. The proposed contractor can start on the project as soon as a signed contract is in place.

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:

There is currently no reasonable way future barriers to competition could be removed from this type of acquisition that is dependent on being performed in a timely fashion, capability, and expertise with the Waco VAMC Bldg. 1.

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.

James Warren

Health Care Engineer

Central Texas Veterans Health Care System

Acquisition ID#: 36C25724AP4065

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.

Date

Contracting Officer

NCO 17

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.

Robert Moffett Date

Construction Branch 2 Chief

NCO 17

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