P03 - JA_Part819.7007_(SAT-$5M)_Sole Source_FE.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

Effective Date: 02/01/2022 Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C259-22-AP-1234 Tracking Number: 2022-05-26T14:01:57

1. Contracting Activity: Department of Veterans Affairs, Network Contract Office (NCO) 19, Construction Contracting Team, 6162 South Willow Drive, Suite 300 Greenwood Village, Colorado 80111, on behalf of the Engineering Department, Muskogee Department of Veteran Affairs Medical Center (VAMC), 1101 Honor Heights Drive, Muskogee, OK, 74401.

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, Warfeather is a SDVOSB company.

3. : Furnish all necessary services, equipment, labor, materials, supervision, and tools to perform construction services for the NRM Project #623-18-102, entitled "Replace DW1 Cart elevator", located at 1101 Honor Heights Drive, Muskogee, OK, 74401 on the Muskogee Department of Veteran Affairs Medical Center (VAMC).

The project will replace the dumbwaiter elevator number one (1) (DW1) and associated equipment as required by drawings and specifications.

The estimated period of performance is (two hundred seventy) 270-Calendar days from the Notice to Proceed (NTP), with a total cost of $419,942.00.

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 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(x) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified veteran-owned small business

5. 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:

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

Effective Date: 02/01/2022 Page 2 of 3

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.

Determination by the CO 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.

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 19 SDVOSBs were identified in the Oklahoma area under NAICS: 236220. However, due to the time sensitivity of this project, Warfeather was selected because of their known past performance and availability to perform at the Muskogee VAMC.

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.

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

The proposed awardee, Warfeather, is vetted by a minimum of 2 previous successfully completed project on the Muskogee VAMC.

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 (two hundred seventy) 270 Calendar Day period of performance from Notice to Proceed. This requirement is to support the replacement of the DW1 cart elevator for the Muskogee VA medical center.

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.

Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

Effective Date: 02/01/2022 Page 3 of 3

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

Joseph Wingfield Date Contracting Officer NCO 19 Construction Branch

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.

Donna Gillette Date NCO 19 Construction Branch Chief

Donna A.

Gillette 974418

Digitally signed by Donna A.

Gillette 974418 Date: 2022.06.02 14:48:17 -06'00'