P03- JA_Part819.7007_(SAT-$5M)_Sole Source Direct Award_FE.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C259-22-AP-0638

1. Contracting Activity: Department of Veterans Affairs (VA), Network Contract Office (NCO) 19, Construction Contracting Team, 6162 South Willow Drive, Suite 300 Greenwood Village, Colorado 80111, on behalf of the Engineering Department, Ft. Harrison Department of Veteran Affairs Medical Center (V AMC), 3687 Veterans Drive, Fort Harrison, MT 59636.

2237: Assurance of Funds email received on May 4, 2022, from Bradley McCollam, Capital Asset Manager, Ft. Harrison V AMC.

2. Nature and/or Description of the Action Being Approved: This is a request for a new, sole source, firm fixed price, contract to a Service-Disabled Veteran Owned Small Businesses (SDVOSB).

The Contracting Officer's (CO) determination to issue a sole source contract award is a business decision, wholly, within the discretion of the CO. This decision is made to ensure timely award and mobilization on the project. A determination that only one SDVOSB concern is available to meet the requirement is not required.

The proposed awardee, Malosi Solutions is a SDVOSB company.

3. Description of Supplies/Services Required to Meet the Agency's Needs: Furnish all necessary services, equipment, labor, materials, supervision, and tools to perform construction services for the NRM Project #436-20-123, entitled "Building 141 Interior Stairs", located at 3687 Veterans Drive, Fort Harrison, MT 59636 on the Ft. Harrison Department of Veteran Affairs Medical Center (V AMC).

The project is located within Building 141. The project will renovate the interior stairwells and landings .

The estimated period of performance is (one hundred twenty) 120-Calendar days from the Notice to Proceed (NTP), with a total cost estimate of $553,861.00.

4. Statutory Authority Permitting Other than Full and Open Competition: In accordance with 41 USC §3304(a)(5), 38 U.S. Code§ 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute), CO may use the non-competitive (sole source) procedures authorized in V AAR 819.7007 or

819.7008 up to $5,000,000. Check the specific V AAR clause used below:

(X) 819. 7007 Sole source awards to a verified service-disabled veteran-owned small business ( ) 819.7008 Sole source awards to a verified 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): This is a sole source acquisition IAW VAAR 819.7007. IAW VAAR 819-7007 Sole source awards to a verified SDVOSB, the CO may award a contract to an SDVOSB, concern on a sole source basis, provided:

VHAPM Part 819.7007/7008

Original Date: 08/30/2017

Revision 03 Eff Date: 04/03/2020

Tracking Number: 2022-05-09T08:46:19

• The anticipated award price of the contract, including options, will not exceed $5 million

• The SDVOSB concern has been determined to be a responsible contractor with respect to performance

• Award can be made at a fair and reasonable price

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 subpart 5.2 and, if not, which exception under 5.202 applies: The CO's determination to make a sole source award is a business decision, wholly, within the discretion of the CO. To ensure opportunities are available to the broadest number of verified SDVOSB's, this authority is to be used judiciously and only when in the best interest of the Government.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The final contract price will be fair and reasonable by a comparison of historical pricing for similar services. Market research to compare the prices offered to prices paid during seven other similar services by multiple on-site contractors, at the same location show that the price being paid by the government is fair and reasonable for this procurement IA W FAR 13.106-3(a) and FAR 13.5.

8. Description of the Market Research Conducted and the Results; or a Statement of the Reasons Market Research Was Not Conducted: To ensure opportunities are available to the broadest number of verified SDVOSB's, this authority is to be used judiciously and only when in the best interest of the Government. A VetBiz search was performed and 4 SDVOSBs were identified in the Montana area under NAICS: 236220. However, due to the time sensitivity of this project, Malosi Solutions was selected because of their known past performance and availability to perform at the Ft.

Harrison V AMC.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: In accordance with the authority under 38 USC 8127(c), Small business concerns owned and controlled by veterans: contracting goals and preferences, ( c) Sole Source Contracts for Contracts Above Simplified Acquisition Threshold (SAT). - For purposes of meeting the goals under subsection (a), and IA W this section, a CO 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 SAT (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C.

403)) but will not exceed$5,000,000; and (3) in the estimation of the CO, the contract award can be made at a fair and reasonable price that offers best value to the United States Government.

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

The proposed awardee, Malosi Solutions, is vetted by a minimum of 2 previous successfully completed project on the Salt Lake City V AMC.

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 requirement is being conducted as a SDVOSB sole source, with a (one hundred twenty) 120-Calendar Day period of performance from Notice to Proceed. This requirement is to support the Bldg. 141 Interior Stairs renvovation for the Ft. Harrison VA medical center.

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, VHAPM Part 819.7007/7008

Original Date: 08/30/2017

Revision 03 Eff Date: 04/03/2020 which are included in the justification, are accurate and complete to the best of my knowledge and belief.

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

a. VHA 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.

llze J. Karklins

Powers 38316 7

Ilze Karklins-Powers Contracting Officer NCO 19, Construction

Digitally signed by llze J.

Karklins-Powers 383167

Date: 2022.03.29 12: 12:04 -06'00' 3/29/2022

Date

b. VHA NCO 19 Branch Chief 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 for other than full and open competition.

Donna A. Gillette

974418

Digitally signed by Donna A.

Gillette974418

Date: 2022.05.05 11:29:18-06'00'

Donna Gillette Date Branch Chief, Construction Branch RPOW, Network Contracting Office 19 (NCO 19)

c. VHA NCO 19 Chief, Division 2 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 for other than full and open competition.

Jason Thomas Date Chief, Division 2 RPOW, Network Contracting Office 19 (NCO 19)

VHAPM Part 819.7007/7008

Original Date: 08/30/2017

Revision 03 Eff Date: 04/03/2020