P03 Justification 502-24-147 R1_Redacted.pdf

VHAPG Part 806.3 OFOC Page 2 of 4 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C256-24-AP-4693

(X) (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

( ) (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):

On July 2, 2024, notification was made to the undersigned regarding Chiller #2 for the Alexandria VA Healthcare System not operating at maximum capacity and that the site had inadequate cooling capacity impacting patients and staff. In addition, Chillers #1 and #3 are currently not operational heightening the catastrophic cooling loss risk to the medical center.

The undersigned began contacting local contractors with the capability of providing the urgent repairs and a temporary 500T chiller and generator (to include fuel as needed) for the facility to maintain operations. Gunco, LLC, who is local to the area and an SBA certified SDVOSB, was able to locate a chiller and it was immediately dispatched to the Alexadria facility. It is noted that this action was taking place during the July 4th holiday. In addition, Hurricane Beryl was set to make landfall on the Texas coast causing an urgency to immediately request the available chiller as precautions were already taking place to secure chillers/generators for the Hurricane Beryl impact areas.

The chiller and generator were operational on July 5, 2024, providing the additional cooling capacity to maintain the facility while repairs are completed. The ability to obtain the chiller repairs and 500T temporary chiller avoided catastrophic loss to the facility and allowed the facility to maintain normal operations. No patient diversions occurred.

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

Market research with SBA VetCert demonstrates 1,950 SDVOSB/VOSB certified with NAICS 238220 with potential capabilities to perform this work. However, due to the catastrophic detriments this requirement will be sole sourced to Gunco LLC, an SBA certified SDVOSB, local to the affected location.

The Federal Procumrent Data System (FPDS) was reviewed to determine similar chiller repairs and there is a mix of sole source to the Large Businesses for emergent actions and with appropriate time to perform regular maintenance repairs, there were SDVOSB available to perform.

Per FAR 5.202, the Contracting Officer need not submit the notice required by 5.201 when (FAR 5.202(a)(2), The proposed contract action is made under the conditions described in 6.302-2 and the Government would be seriously injured if the agency complies with the time

VHAPG Part 806.3 OFOC Page 3 of 4

Acquisition ID#: 36C256-24-AP-4693 periods specified in 5.203. Due to the unusual and compelling urgency of this action, the action will not be synopsized.

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

The CO has determined that pricing will be fair and reasonable based on comparisoin to the IGCE and similar procurements performed as documented in FPDS.

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

Limited market research was performed using SBA VetCert for SDVOSB/VOSB using NAICS 238220, and with FPDS. However, due to unusual, emergent, and compelling urgency for the generator and switch repairs and the potential catastrophic impacts to the facility, there was insufficient time to seek any other contractors and issue a competitive solicitation. The awarded source, Gunco LLC, an SBA certified SDVOSB, was able to immediately diagnose, provide temporary chiller and generator support, and obtain needed equipment/materials for the repairs.

There are no Buy American Act exceptions to this requirement.

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

None at this time.

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

Gunco LLC 315 W. Lee Street Sulphur, LA 70663 Mr. Jack Gunter 337-884-7844

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:

All future requirements are to be considered for competition and addressed accordingly based on the mission needs.

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.

Shaun Shivers

SHAUN SHIVERS Digitally signed by SHAUN SHIVERS Date: 2024.09.18 10:07:48 -05'00'

VHAPG Part 806.3 OFOC Page 4 of 4

Acquisition ID#: 36C256-24-AP-4693

Engineer/Contracting Officer Representative Alexandria VA Health Care System, Pineville, LA

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

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

Beth A. Cook Contracting Officer Network Contracting Office (NCO) 16

BETH

COOK

Digitally signed by

BETH COOK

Date: 2024.09.19 12:20:46 -05'00'