P03 - JA - PM Part 816.505 Atch1 - Except to Fair Opp.pdf

VHAPM Part 816.5—Indefinite-Delivery Contracts Attachment 1: Request for Exception to Fair Opportunity Memo Format

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 1 of 3 Original Date: 08/30/2017 Date: 03/11/2019 Rev 02

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36E776-20-AP-0222

1. Contracting Activity: Department of Veterans Affairs, Program Contracting Activity – Central (PCAC) managing the acquisition for this minor design for VISN 22, at the New Mexico VA Health Care System Center, Albuquerque NM.

2. Description of Action: This is a new requirement for the design of the Construct Parking Garage and Surface Parking project to support the New Mexico VA Healthcare System Center, Albuquerque. This is an individual J&A to support other than full and open competition for a sole source procurement of a firm, fixed-price contract. The IGCE amount is $478,477.00. The Anticipated award date is September 30, 2020.

3. Description of Supplies or Services: The New Mexico VA Healthcare System is requesting design services to provide all technical design services, including, but not limited, to geotechnical services, civil engineering, site and parking area development, landscape architecture, architecture, structural engineering, mechanical engineering, electrical engineering, fire protection engineering, safety, cost estimating services, and any other necessary disciplines necessary to complete this design.

This project design shall provide a detailed solution for the construction of a new parking garage and surface parking to increase patient parking on station. The existing design owned by the Veterans Health Administration (VHA) will be used as a reference, to re-package this design task. The project will target a net increase of 380 parking spaces. The garage will be built as multilevel structure, comply with Physical Security Design Manual (PSDM-Jan 2015) requirements and maximize and make more efficient the existing parking layout and existing solar photo- voltaic.

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) Subpart 16.505 Subpart 16.505(b)(2)(i): ( ) FAR Subpart 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

( ) FAR Subpart 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( X ) FAR Subpart 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 2 of 3 Original Date: 08/30/2017 Date: 03/11/2019 Rev 02

( ) FAR Subpart 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR Subpart 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source”. The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB).

( ) FAR Subpart 16.505(b)(2)(i)(F) In accordance with section 1331 of Public Law 111-240 (15 U.S.C.

644(r)), contracting officers may, at their discretion, set aside orders for any of the small business concerns identified in 19.000(a)(3). When setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply.

5. Rationale Supporting Use of Authority Cited Above:

The sole source firm available, and currently included in the V22 AE IDIQ vendor pool is Triple C-The A & E Group. The scope of design work for this project will require the AE to reference the available existing design solution, repackage that design and complete thorough review per the written AE SOW for 501-337. Moreover, Triple C was the original designer of record for this parking structure and surrounding surface lot. Triple C has the essential qualifications, experience and knowledge of the Albuquerque VA HCS campus and the site location for this project. A critical consideration in this selection is that Triple C has specific knowledge of the utility systems and site infrastructure, making them the most qualified and capable to design. Another consideration is the cost for this design.

Since the existing design solution has already been completed by Triple C, that original design should enable them to provide all the needed services at a much more economical value versus an outside firm who is not familiar at all with the station and would potentially charge the amount of a complete new design. Based upon Triple C’s current qualifications, their completion of several favorable designs for the Albuquerque campus and the other medical centers in the VISN, along with the previous design work for this effort, they are best qualified to provide the most efficient solution and lowest cost to perform the design and construction period work for project 501-337. Triple C – the A&E Group be selected in accordance with FAR Part 16.55(2) Exception to Fair Opportunity process.

6. Efforts to Obtain Competition: N/A

7. Actions to Increase Competition: N/A

8. Market Research: Market research is not required, since we are sourcing this AE firm from an available, previously source selected IDIQ contract for V22.

9. Other Facts: N/A

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

VHAPM Part 816.5—Indefinite-Delivery Contracts Page 3 of 3 Original Date: 08/30/2017 Date: 03/11/2019 Rev 02

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

Name Date Title Facility

11. Determination that Anticipated Cost is Fair and Reasonable: A determination by the contracting officer that the anticipated cost to the Government is fair and reasonable will be determined by a Comparison of proposed prices with Independent Government Cost Estimates in accordance with FAR

15.401 (b)(2)(v).

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

Date

Samuel J.

Brown 410436

Digitally signed by Samuel J. Brown 410436 Date: 2020.07.01 09:26:50 -06'00'

Shon Johnson Supervisory Contracting Officer Program Contracting Activity Central