P03 Justification and Approval.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

OUT OF SCOPE CONTRACT MODIFICATION JUSTIFICATION UNDER SIMPLIFIED PROCEDURES

FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C260-24-AP-4589

JOFOC: FY24 - NCO 20 - 2917

1. Contracting Activity: Department of Veterans Affairs, Veteran’s Healthcare Administration.

Regional Procurement Office West, Network Contracting Office 20 behalf of VISN 20. 2237 #: 663- 24-3-501-0129.

2. Nature and/or Description of the Action Being Processed: This an Out of Scope contract modification to fund urgent and critical repairs to the Puget Sound Health Care Systems fire and safety systems IAW 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. This modification is out of scope considering the contract statement of work due to the fact that required repairs were not specifically identified and listed in the SOW however falls within the auspice of CLIN 0005 which is a catch all CLIN for unforeseen and unscheduled repairs.

3. Description of Supplies Services Required to Meet the Agency’s Needs: The contractor, HurtVet

Subcontracting LLC shall provide management, supervision, personnel, equipment and supplies to conduct repair services as described herein. As a Non-Personal Services contract modification, these personnel are not to be considered VA Employees for any purpose. Contractor retains all control over personnel and responsibility for direct supervision. Contract personnel may not supervise VA Staff, but may provide direction and instruction as required by duties. Daily activity is monitored and managed by the Puget Sound VAHCS designated (COR) or designated alternate.

Fire Safety Systems repairs shall include but are not limited to the following: Identifying existing critical deficiencies that could affect the operational functionality of sprinklers, hydrants, plumbing and support system. Taking necessary corrective actions to ensure all deficiencies are repaired IAW National, State, and City Fire Safety standards bringing the system into fully compliance with mandatory NFP codes. Provide regular updates on system repair progress and prioritizing work flow to mitigate risk the Veterans, VA staff, and facility.

Additionally, the contractor shall immediately report all deficienes that have not been previously identified but pose risks adversely affecting the Government, the safety of its employees, property, and the general public.

The maximum total for this increase modification is $750,000.00, which is only an estimate and may be less than $750,000.00. The estimated Period of Performance will be date of notice to proceed through 06/20/2025.

4. Statutory Authority Permitting Restricted Competition: FAR 13.5 Simplified Procedures for Certain

Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 18 U.S.C. 8127 and is implemented by FAR 13.106-1(b)(2), FAR 6.302-5

Effective Date: 02/01/2022 Page 2 of 4

Authorized by Statute for restricting competition on this procurement and VAAR 806-302-570(c) for Noncompetitive Procedures for Certified Veteran-Owned Small Businesses (SDVOSBs) for Sole source awards and out of scope modifications above the simplified acquisition threshold.

Competition is restricted on this procurement for the reason below:

( ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement

(X) Authorized or Required by Statute ( ) National Security ( ) Public Interest

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

A fully functional and effective Fire Safety and Alert System is a critical component of the VA’s effort to provide a safe environment for Veterans seeking health care, the Staff who support them, and the general public within close proximity of the facility.

In order to mitigate the safety and fire risks it is imperative the selected contractor already possess the mandatory business licence issued by WA Department of Licensing (DOL) to legally conduct repairs to fire systems in WA State. Furthermore the contractor should already be familiar with the facilities fire safety system to include its functionality and protocols for its effecient operation.

The system currently has several deficiencies which were identified in the most recent OIG and National Fire Protection Association (NFPA) Codes (i.e. NFPA 25, 72, 80, 90A & 291) to ensure system reliability and maintain regulatory compliance. Some were repeat findings that mandate immediate corrective action.

The contractor must be able to begin work immediately as these are repeat dispcrepancies that were identified need immediate attention to bring the system up to Code.

In accordance with VAAR 806-302-570(c), the Contracting Officer has determined that:

(1) HurtVet is a certified SDVOSB under the U.S. Small Business Administration’s VetCert

(2) HurtVet concern is determined to be a responsible source with respect to performance of such contract opportunity;

(3) The anticipated award price of the contract (including options) will exceed the simplified acquisition threshold, but will not exceed $5 million; and

(4) Contract award can be made at a fair and reasonable price that offers best value to the United States. (38 U.S.C. 8127)

Effective Date: 02/01/2022 Page 3 of 4

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: HurtVet was already competively awarded VA Contract 36C26024P0673 for support and and maintenance of the Puget Sound Vas Fire and safety Systems. This modification adds additional funds to existing CLIN 0005, Emergency Callback and Deficiency Repairs. This being the case using CLIN 0005 for what it was intended is logical course of action.

SDVOSB HurtVet Subcontracting LLC has provided similar repairs at other VA facilities and being the contract awardee for the maintenanace and upkeep of Puget Sounds systems makes them the practical choice for this urgent requirement.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The discrepancies will be incorporated into the existing contract as firm-fixed-price.

The quote from HurtVet will receive a Technical Advisory Review by Subject Matter Experts at Puget Sound VAMC.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Due to the Urgent nature of these repairs and the fact that this is modification to an existing contract further Market Research was not required.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: A base plus four option year contract has already been awarded however, this is a modification that obligates additional funds to CLIN 0005 to cover the cost of required emergency repairs. This will greatly enhance the safety of Staff and Veterans seeking care and mitigate risk to the Government. The urgency of this requirement requires a contractor that is fully licensed by the State of WA Department of Licensing to to provide Fire Systems repairs and currently has trained and licensed employees who have completed these repairs and have a positive record of performance.

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

HurtVet Subcontracting LLC. SAM UEI: LJLDFKJ2VKP5

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: There are no known barriers that eliminate competion because this is not a solicitation for a new contract it is an amendment to an existing one. The period of performance of this urgent requirement will be from the date of the notice to commence repairs until the end of the base period of the contract which will be 06/20/2025. The Government intends intiate a notice to commence repairs as soon as the modification is awarded.

12. Requirements Certification: I certify that the requirement outlined in this justification is an urgent requirement 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.

Michael Langley Date Safety and Occupational Health Manager

Effective Date: 02/01/2022 Page 4 of 4

VA Puget Sound Health Care System

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.

Brian Millington Date Contracting Officer

NCO20

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.

William E. Havens Branch Chief

NCO20

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