P03_JA Sole Source - 07.29.22.pdf

Rev: 13 Effective Date: 02/01/22 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Upon the basis of the following justification, the use of other than full and open competition for the proposed contractual action is hereby authorized pursuant to the authority of 10 U.S.C. 2304(c)(5), and

FAR 6.302.5, entitled “Authorized or Required by Statute,” FAR 19.1406 entitled “Sole Source Awards to

Service Disabled Veteran‐Owned Small Business Concerns,” 38 U.S.C. 8127(c) and VAAR 819.7007 Sole

Source Awards To A Verified Service‐Disabled Veteran‐Owned Small Business (SDVOSB).

Acquisition Plan Action ID: 36C10F‐22‐AP‐0159

1. Contracting Activity:

Department of Veterans Affairs, Office of Construction and Facilities Management, 425 I Street N.W., Washington, D.C. 20001.

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

The Department of Veterans Affairs, Office of Construction and Facilities Management is seeking to procure construction services adjacent to the Western New York National Cemetery in Corfu, NY. The

Government intends to satisfy this existing requirement with Global Urban Enterprises, LLC who is currently constructing the Western New York National Cemetery Phase IB expansion.

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

The purpose of this procurement is to obtain a construction contractor to complete the following scope of work:

Provide additional traffic control devices and other improvements to the public roads within the public right of way near the entrance of Western New York National Cemetery.

Location: Intersection of Indian Falls Road and State Route 77 in the town of Pembroke, NY.

Period of Performance: 90 Calendar Days from Notice to Proceed.

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

The statutory authority permitting other than full and open competition is 41 USC §3304(a)(5), 38

U.S.C. 8217 (c) and FAR 6.302.5, Authorized or Required by Statute, FAR 19.1406 Sole Source award to SDVOSB concerns, as well as Public Law 109‐461. In accordance with FAR 6.302‐5, full and open competition need not be provided when a statute expressly authorizes or requires the acquisition be made through another agency or from a specified source. And, in accordance with Title 38, U.S.C.

Sections 8127 and 8128 enacted as part of the Veterans First Contracting Program Information Letter

Effective Date: 02/01/22 Page 2 of 4 dated June 19, 2007 (Ref: IL 0489‐07‐08), and Public Law 109‐461, the Veterans Benefits, Health Care and Information Technology Act of 2006. Title V, Sections 502 and 503, effectively authorized the

Veterans First approach specific to VA contracting. This approach changed the priorities for contracting preferences within VA, placing SDVOSBs and VOSBs first and second, respectively, in satisfying all VA’s acquisition requirements. VAAR 819.7007 Sole Source Awards to A Verified Service‐Disabled Veteran‐

Owned Small Business supports this approach. Under VAAR 819.7007 (a)(1) and VAAR 819.7007 (d).

Global Urban Enterprises meets the eligibility requirements of VAAR 819.7003 in that it is a SDVOSB, it is a small business under NAICS 238210 for this acquisition and is verified in the VIP database.

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

The VA Office of Construction and Facilities Management is requesting that a sole source contract be negotiated with Global Urban Enterprises, LLC for the procurement of construction services to provide additional traffic control devices and other improvements to the public roads within the public right of way near the entrance of Western New York National Cemetery.

Based on a current bona fide need, this requirement needs to be procured timely in order to mitigate any unnecessary delays in enhancing the safety of this intersection. The selected contractor to satisfy this requirement, Global Urban Enterprises (GUE) is a SDVOSB and currently mobilized on site under

VA contract 36C10F21C0018 for Project 936‐002B: Western New York National Cemetery Phase 1B.

The scope of work within this requirement is similar to a component of the work under contract

36C10F21C0018 as it deals with road signage work, so GUE will be able to efficiently accomplish this scope of work within the time needed.

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

In accordance with FAR 6.302‐5, full and open competition need not be provided when a statute expressly authorizes or requires the acquisition be made through another agency or from a specified source. VAAR 819.7007 Sole Source Awards to A Verified Service‐Disabled Veteran‐Owned Small

Business supports this approach. IAW with attachment 4 of IL 001AL‐09‐07 dated March 17, 2009, Contracting Officers have the flexibility to award contracts under Public Law 109‐461 under the Small

Business Act on a noncompetitive basis. Pursuant to FAR 5.202 (a)(4) a synopsis is not required when subject requirement is being issued as a SDVOSB set‐aside.

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

The type of solicitation that will be issued is a Request for Proposal on a noncompetitive basis. Price reasonableness will be determined by examining the Independent Government Estimate against the submitted proposal. Therefore, the Contracting Officer has determined that contract award can be made at a fair and reasonable price that offers the best value to the Government.

Effective Date: 02/01/22 Page 3 of 4

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

Market Research Was Not Conducted:

Market research was conducted showing that there are 46 businesses in New York State under NAICS code 238210: Electrical Contractors. A search of New York State and Pennsylvania together under

NAICS code 238210 resulted in 84 businesses. However, given the time sensitive nature of this procurement, it has been determined that Global Urban Enterprises is capable of completing this project and is listed in VETBiz under NAICS code 238210 as a SDVOSB. The use of a sole source award is permissible under the Statutory Authority listed in paragraph 4 of this document.

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

Global Urban Enterprises (GUE) has the necessary construction experience and ability to obtain resources for this project. The Contracting Officer verified GUE’s SDVOSB certification on VetBiz.

SAM.gov was also verified for current Representations and Certifications. GUE is SDVOSB registered entity in SAM under NAICS 238210.

CPARS assessment reports were reviewed to ensure this SDVOSB concern is a responsible source with respect to performance. GUE had 3 records in CPARS, with several ratings of Exceptional under Quality of Product/Service, Schedule and Management. Therefore, the Contracting Officer has been determined to be a responsible source with respect to performance and is confident the contractor will accomplish the work successfully.

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

Not required under statutory authority permitting other than full and open competition is 41 USC

§3304(a)(5), 38 U.S.C. 8217 (c) and FAR 6.302.5, Authorized or Required by Statute, FAR 19.1406 Sole

Source award to SDVOSB concerns, as well as Public Law 109‐461.

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:

The type of solicitation contemplated is allowed by Public Law 109‐461. As such, no actions are needed to overcome barriers to increase 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.

a. Contracting Officer Certification

Jason Hardy Contracting Officer

CFM, OFA

Effective Date: 02/01/22 Page 4 of 4

b. One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition.

David Bullerwell National Region Director

CFM, OFA, NRO