P03 JNA Emergency Abatement and Reheat System Repair signed.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 2 Revision: 04 Effective Date: 11/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C249-25-AP-3024

1. Contracting Activity: Department of Veterans Affairs, VISN 9, Alvin C. York VA Medical Center, Network Contracting Office 9, Murfreesboro TN; 2237# 626-25-4193-0014

2. Nature and/or Description of the Action Being Approved: Emergency Asbestos Abatement and Reheat System Repair, a one-time purchase order award for services using firm fixed price, no options are evaluated.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Emergent corrective action to restore our environmental control system to provide proper heat, air conditioning and dehumidification. Building 6 reheat system has several leaks on the first and second floors from the main hot water supply to the VAV boxes coils, these unions to the main line in the hallways are connected by dielectric unions that are insulated with paste material containing asbestos. These discovered asbestoses require immediate abatement before leak repairs. Removal of 6” to 12” length of mastic containing asbestos in ½” and ¾” thick pipe. This asbestos removal is on 84 unions listed on the SOW. Provide Materials and labor to remove existing dielectric unions and re-pipe supply and return to(84) Dielectric union locations Re-Insulate new modified reheat piping at (84 Dielectric union locations) at TVHS, Alvin C. York VA Medical Center, 3400 Lebanon Pike, Murfreesboro, Tennessee, 37129. Total: $81,233.00.

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 819.7008 (DEVIATION) or VAAR

819.7009 (DEVIATION)- up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a certified 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): Dunbar Mechanical Contractors, LLC is determined to be a responsible source with respect to this requirement and meets the eligibility requirements at VAAR 819.7008 and VAAR 819.7009. This Authority sole source awards to SDVOSB/VOSB based on 38 U.S.C. 8127(c) and that the SDVOSB/VOSB concern has been determined to be a responsible source with respect to performance. Dunbar Mechanical Contractors, LLC meets eligibility requirements in 819.7003(DEVIATION).

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 FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies: Due to the urgent nature of this requirement the determination to make a sole source award is a business decision wholly within the discretion of the Contracting Officer.

https://www.va.gov/oal/library/vaar/vaar819.asp#8197008 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009 https://www.va.gov/oal/library/vaar/vaar819.asp#8197008 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009 https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 2 Revision: 04 Effective Date: 11/15/2024

A Sources Sought Synopsis will be issued 8/12/2025, including a copy of this justification once proper reviews and signatures are received.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: the final contract price has been determined to be fair and reasonable by reviewing historical prices on previously awarded purchase orders for similar services. PO 626C40313 04/05/2024 $31,284.00

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

Market Research Was Not Conducted: Limited market research conducted due to the urgent nature of this requirement.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

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

Dunbar Mechanical Contractors, LLC 4165 Brunswick Rd Bartlett, TN 38133-2136

SAM UEI: X6N1HC5H7M74

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: Baring emergent situations, actions to foster competition for future acquisitions of the services being acquired that allow more time to compete among qualified contractors. No follow-on competitive acquisition is planned since repair is only required one time.

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.

Steven Burton Date Electrical Supervisor TVHS Alvin C. York VAMC

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: This part if filled out by Contracting Staff as part of the Justification

a. 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.

Diane Ziegler Date Contracting Officer, NCO 9