P03_JOFOC_Janitoral Services Bridge_36C242-21-AP-1535 l 632-21-3-6050-0053_Northport signed.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP

OFOC SOP Revision 11 Page 1 of 3 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-21-AP-1535 / 632-21-3-6050-0053

1. Contracting Activity:

Department of Veterans Affairs, Veterans Health Administration, Network Contracting Office 2, 2875 Union Road, Suite 3500, Cheektowaga, NY 14227 for services to be provided at Department of Veterans Affairs, Veterans Health Administration, VISN 02, Northport VA Medical Center, 79 Middleville Road, Northport, NY 11768.

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

Network Contracting Office (NCO) 2 intends to award a sole source contract for janitorial services to Ninety-Five South, LLC., a Service Disabled Veteran Owned Small Business (SDVOSB), registered in the Vendor Information Pages (VIP). This requirement is janitorial services in miscellaneous buildings on the Northport campus to bridge a gap in services for temporary staffing. Ninety-Five South, Inc. is the incumbent contractor providing services. The Northport VAMC needs services to continue for a 45-day base period with a 45-day option period during the procurement of a staffing requirement.

The current EMS staff cannot perform all the additional cleaning measures due to the ongoing COVID 19 pandemic. The resultant contract will be a Firm Fixed Price (FFP). The period of performance is April 12, 2021 through May 27, 2021. The option period, if utilized, performance will be from May 28, 2021 through July 12, 2021

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement will be accomplished in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

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

The contractor shall provide Janitorial services to include all management, supervision, labor, personnel, and transportation necessary to accomplish this Performance Work Statement (PWS) in a responsible, cost efficient, and environmentally friendly manner at the Northport VA Medical Center, Northport NY. The Contractor shall develop a schedule which manages the space to be serviced, frequency of cleaning needed, and the manpower required to complete the tasks outlined in the PWS in such a way as to optimally maintain the cleanliness and hygiene of the hospital and outlying buildings, prevent infection and contamination, create a safe and healthy environment for patients, visitors and staff, and support the overall mission of the Medical Center.

OFOC SOP Revision 11 Page 2 of 3

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

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( X )(5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7

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

Authorized or Required by Statue (FAR 6.302-5) – Veterans First Contracting Program as required by 38 U.S. Code § 8127(c); as implemented by VA Acquisition Regulation (VAAR) 819.7001(c) with guidance from revised Procurement Policy Memorandum (2016-05) (Revised Aug 2018). Contractors must be verified as a Service-Disabled Veteran-Owned Small Business (SDVOSB) in the VIP database to be eligible for award. The contractor, Ninety Five South, Inc. VIP-verified last on January 2/2020 with an expiration date of January 2, 2023. In addition, the statutory limitation of a sole source acquisition is $5,000,000.00, and the total procurement value of this acquisition will be well under the limit.

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

This action is to fulfill an immediate need to continue janitorial services in designated buildings.

There is a current competitive solicitation posted for temporary staffing to further aid the medical center while additional recruitment efforts are underway.

Subsequently, the Government will be able to procure a long-term contract through competitive processes.

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

Reasonable:

The Contracting Officer will determine the fair and reasonableness of the proposed prices through a comparison of those prices to the Independent Government Estimate, market research, and other available price analysis techniques in accordance with FAR 13.106-3(a)(2).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

NCO 2 conducts ongoing market research for temporary staffing firms to fulfill various staffing needs within VISN 2. As stated, there is a competitive SDVOSB set aside procurement for a temporary staffing contract. This janitorial services contract is to bridge the gap in services for an expiring staffing contract.

OFOC SOP Revision 11 Page 3 of 3

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

NCO 2 and Northport VAMC have a historical relationship with Ninety Five South, Inc. in the performance of the janitorial services described in the scope of work. Currently, Ninety Five South, Inc. has been performing similar duties at the Northport VAMC, therefore there would not be any delay in continuing services during the interim period.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Ninety Five South, LLC

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:

This procurement will result in a 45-day contract with one (1) 45-day option period for a total of 90 days to fulfill an immediate need. Subsequently, the Government will be able to procure a long-term contract through competitive processes.

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.

Uingston Markes Hospital Housekeeping Officer Northport VAMC

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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.

Rachel Beason Contracting Officer, Services II

NCO 2

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Jadwiga Kustra Division Chief, Division 2

NCO 2

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