P03_Justification and Approva REDACTED FINAL_Redacted.pdf

Attachment 9: Sole Source Justification

Acquisition ID#: 36C248-24-AP-3147 and 36C248-24-AP-3595

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C248-24-AP-3147 and 36C248-24-AP-3595

Contracting Activity: Department of Veterans Affairs, VISN 8, James A. Haley Veterans’ Hospital, Tampa. 2237 number: 673-24-3-7038-0017 and 673-24-3-6876-0006

Nature and/or Description of the Action Being Processed: This requirement is for a new firm-fixed-price follow-on, single award contract for the additional design and construction period services (CPS) work from the design firm of record for projects: PN: 673-22-110, Renovate Kitchen and Cafes and PN: 673-21-116, Restoration of Building 1 Envelope.

Description of Supplies/Services Required to Meet the Agency’s Needs: Contractor to provide design changes to the projects to ensure the Government has a complete and usable end product. Additional design work includes designing a temporary kitchen area while construction work is being completed and CPS for the Renovate Kitchen and Cafes project and additional inspection work for the Restoration of Building 1 Envelope project. The estimated award amount is with CPS and with additional days being added to the period of performances.

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 ( ) (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): The Architect and Engineering Firm, RDC/John Poe Architects, L.L.L.P., is currently providing design services for two projects that require additional design work. This firm was previously determined to be the most highly qualified and selected for the design awards. The design projects were awarded using 36C24819D0023, a VISN 8 AE IDIQ awarded to the vendor, that currently does not have remaining capacity to award modifications. Fair opportunity was given to all vendors that maintained a VISN 8 AE IDIQ at the time of award. For PN: 673-22-110, the design must include a temporary kitchen and dishwashing area for use during construction, Acquisition ID#: 36C248-24-AP-3147 and 36C248-24-AP-3595

Attachment 9: Sole Source Justification new cooler and freezer layouts, cooler tower designs, alternate kitchen equipment, updated cost estimates and construction period service costs. PN: 673-21-116, a limited geophysical study must be added to explore more structural components inside the façade wall.

Since RDC/John Poe Architects is actively working on these designs, they have detailed information and data on the project that no other vendor possesses. Accordingly, RDC/John Poe Architects, L.L.L.P. is the only firm capable of providing the supplies and services described in Section III above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Soliciting competition for this effort was deemed highly illogical. This vendor is currently in the process of completing the design projects and the work is part of these designs. For future acquisitions, every effort will be made to modify the existing contract instead of sole sourcing to vendors on a new contract. However, in this instance, there is not enough remaining capacity on the contract vehicle to award additional funds. It is in the best interest of the Government to quickly award the design changes and not delay the completion of these projects.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The CO determines that the price of this requirement is fair and reasonable based on information provided by the engineering department and Independent Government Cost Estimates (IGCE). Based on a comparison to the IGCE and the engineering department’s recommendation of acceptance, RDC’s price is determined to be fair and reasonable and the most advantageous to the government.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was limited as this work is within the scope of the base task order awards. A current check of VetCert was performed.

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

These design changes are needed to complete the design already awarded to the firm working the project, and as discussed above, cannot be awarded as a modification due to capacity limitations of the IDIQ.

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

RDC/John Poe Architects, L.L.L.P.

524 Fernwood Dr Altamonte Springs, Fl 32701

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: Should this type of design change be required in the future, all efforts will be made to complete the change by modifying the existing task order. However, once this contract is awarded, it is not expected that this type of contract will be needed at this facility in the foreseeable future as new IDIQs have been awarded that are expected to have required capacity to fulfill VISN 8 design requirements, including modifications.

Attachment 9: Sole Source Justification

Acquisition ID#: 36C248-24-AP-3147 and 36C248-24-AP-3595

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.

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP requiring one level above the CO.

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

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.