P03 JnA Sole Source Siris LLC- IC AJ.pdf

Rev: 13 Effective Date: 02/01/22 Page 1 of 3

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.

Acquisition Plan Action ID: 36C10F-24-AP-0030

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 Management Services at Indiantown Gap National Cemetery in

Pennsylvania. The Government intends to satisfy this existing requirement with Siris LLC who will retain professional Construction Management (CM) services to assist VA in managing the construction contract.

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

The purpose of this procurement is to obtain professional Construction Management Services during the Construction Period of the Indiantown Gap National Cemetery, Phase 5 project.

The Contractor shall provide one (1) Construction Manager to perform professional CM Services during the duration of the contract, or as long as the government requires. This position shall be a degreed engineer or a candidate with more than 10 years of field CM experience. This position also requires current OSHA 30 hour construction safety certification.

The purpose of the CM services is to assist the Contracting Officer (CO), Senior Resident Engineer

(SRE/ACO), and Project Manager (PM) in monitoring the construction contractor’s work effort for compliance with project contract requirements on a non‐personal services basis. To eliminate the possibility of a personal services type of contract, the eventual awardee shall provide supervision to the construction inspectors regarding tasks associated with the SOW.

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, Effective Date: 02/01/22 Page 2 of 3 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 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). Siris LLC meets the eligibility requirements of VAAR 819.7003 in that it is a SDVOSB, it is a small business under

NAICS 541330 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 Siris LLC for the procurement of Construction Management Services. Based on bona fide need, the Government has an existing requirement for Indiantown Gap National Cemetery and failure to procure subject project in a timely manner will cause unnecessary and unduly expenses to the Government in the form of not meeting the date set for completion and turnover of all repairs and upgrades. The contractor chosen to satisfy this requirement, Siris LLC, is a SDVOSB. The

Contracting Officer has determined that it is in the best interest of the Government to set-aside subject acquisition to Siris LLC. Siris LLC has significant past and current experience in providing

Construction Management services.

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 PL 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 issued will be a Request for Proposal. Contracting Officer’s must include

“documentation of the basis of price reasonableness.” Price reasonableness will be determined by examining historical prices for existing contracts and previously awarded contracts for similar services and in comparison with CM IDIQ rates for the current applicable option year.

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 less than 6 months ago resulting in the finding that more than

Effective Date: 02/01/22 Page 3 of 3 two SDVOSB’s were available to bid on the procurement, resulting in the procurement being set-aside for SDVOSB firms. The use of a sole source award is permissible under the Statutory

Authorities listed in paragraph 4 of this document.

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

Siris LLC has Construction Management experience with vertical construction.

The Contracting Officer verified Siris LlC SDVOSB certification on SBA VetCert. SAM.gov was also verified for current Representations and Certifications. Siris LLC is SDVOSB registered with

SAM under NAICS 541330.

CPARs were reviewed to ensure this SDVOSB concern is a responsible source with respect to performance. Siris LLC records in CPARS had ratings of Satisfactory or better.

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 PL 1089-461. 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 or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Isabell Coad Athena Jackson

Contracting Officer Acting National Region Director

CFM, OFA, NRO CFM, OFA, NRO