P03 - Justification for Other than Full and Open Competition signed.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C10F-22-AP-0166

1. Contracting Activity:

Department of Veterans Affairs, Office of Construction and Facilities Management, Office of Facility Acquisition, National Region Office on behave of National Cemeteries Administration.

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

This is a justification and approval for sole source to SDVOSB concern; Vali Cooper International, LLC (VCI) - (ueiSAM: HA5TVYB3QE98), in accordance with VAAR 819.7007, for a single firm-fixed price task order award against GSA schedule GS-10F-0182Y.

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

The purpose of this task order is to retain professional construction management (CM) and Estimating services to assist VA in managing the construction contract. The Contractor shall provide staffing as follows:

• Four (4) Construction Inspectors/Construction Managers with active professional licenses and stamps in Puerto Rico, to perform Professional Inspection and CM Services during the duration of the contract. The required disciplines are a civil engineer, an electrical engineer, a mechanical engineer, and an architect.

• One (1) Construction Estimator

The purpose of the CM services is to assist the CO/SRE/RE/PM in monitoring the Construction Contractor’s work effort for compliance with contract requirements for the project 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 Task Order.

Also, the CM Supervisor and CM Personnel shall not perform actions that are inherently governmental functions including, but not limited to, acceptance or rejection of work, signing contract modifications, approving submittals, or signing off on punch lists items.

In supporting the Resident Engineer Staff in the management of the construction project, the Construction Managers will be required to perform services including, but not limited to, the following (in no particular order):

• Conducts and carries out portions of daily inspections of site work, building construction work; documents discrepancies, code violations, improper materials or techniques in the application of materials, substandard or poor-quality workmanship; monitors schedules on various aspects of ongoing daily activities to identify and mitigate project slippage and coordinate project phasing.

• Serve as the designated project inspectors for all the required state government project certifications and permits.

• Reviews contractor's submittals and RFIs; maintains accurate and complete job files including as-built drawings and specifications; identifies progress delays and recommends appropriate corrective measures to the SRE toward mitigating delays and maintaining the progress schedule.

• Conduct or attend weekly project meetings to monitor project status, schedule, discuss problems, and resolve issues accordingly

• Review the testing/inspections reports submitted by the Contractor and provide approval/dis-approval recommendations to the SRE.

• Keep thorough records of all construction related matters to assist VA in conflict resolution

• Revise Contractor Proposed utility services and/or traffic interruptions plans and provide report to SRE.

• Maintains an inventory of materials, supplies and equipment and monitors the quantity of materials used in the contract administration and conduct of the project.

• Assist in the documentation of the administration of construction contract changes (issues proposal request, preparing cost estimates, reviewing cost proposal, assisting VA in negotiations, preparing change order packages for the Contracting Officer (SRE)).

• Perform weekly Safety Inspection and Prepare Safety Inspection Reports.

• Maintaining list(s) of observed defects and omissions. Prepare inspection punch lists and coordinate resolutions of punch list items.

• Available to work after normal duty hours, on nights from 5 PM to 7 AM and/or on weekends.

• Must be able to communicate fluently in Spanish and English.

• Reviewing contractor's submittals for technical compliance with contract requirements,

• ensuring installed work is consistent with approved submittals in order to make recommendations to the SRE for final approval of submittals and installed work.

• Reviewing contractor requests for payment for accuracy and acceptability and then submitting a written recommendation to the SRE for final approval authority on the payment.

• Preparing estimates for changes and reviewing contractor change quotations and cost breakdowns for proposed quantities of labor, equipment, and materials

• Providing written feedback and recommendations to the Senior Resident Engineer on all information reviewed and work inspected

• Maintaining accurate and complete files relating to the CM services on the project that the Government may inspect at any time.

• Identifying progress delays and recommending appropriate corrective measures to the SRE toward mitigating delays and maintaining the progress schedule.

• Utilizing computerized management system applications and construction contractors MIS system for documenting progress, processing requests for information, preparing draft contract modification documents for the senior resident engineer’s use, etc; maintaining an inventory of materials, supplies and equipment and monitoring the quantity of materials used in the general administration and conduct of office operations.

• Submit daily reports indicating work completed, work in progress with estimated completion dates, work scheduled and outstanding work.

• Observe work being completed by contractors and sub-contractors for proper installation and application of construction materials and report findings daily to SRE

• Note and document daily conditions including environmental conditions that may impact construction safety and EPA and/or LDEQ environmental compliance and report findings to

SRE.

• Review contractor’s cost breakdown and all submittals on contractor’s proposed equipment and materials; review contractor’s submissions on cost breakdown and cost loading and make recommendations for approval or disapproval

• Review samples of equipment and materials to be utilized for construction and provide analysis to SRE.

• Maintain marked-up sets of project plans and specifications for future as-built drawings

• Compile deficiency logs and follow up on correction

• Monitor project financial data and budgetary cost accounting

• Coordinate work of multiple VA contractors and/or third parties associated with the project

• Coordinate relocation efforts of contractors and government personnel

• Coordinate inspections with utility companies as necessary

• Coordinate special testing and commissioning work as required

• Take digital photos of construction progress throughout the duration of the project

• Assist SRE/RE with final inspection activity

• Assist with contract close-out activities

PERIOD OF PERFORMANCE (POP)

The anticipated Period of Performance for the Task order is as follows:

• Base Period: 12 months from 9/4/2022 to 9/3/2023.

• Option Period One: 6 months from 9/4/2023 to 3/3/2024.

• Option Period Two: 6 months from 3/4/2024 to 9/3/2024.

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

41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR

819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

( X ) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business;

or

( ) 819.7008 Sole source awards to a verified veteran-owned small business

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

IAW VAAR 819.7007 – Authority allows sole source awards to SDVOSB based on 38 USC 8127(c). This SDVOSB concern has been determined to be a responsible source with respect to performance.

Furthermore, this business meets eligibility requirements:

(1) Small business concern under the NAICS code assigned to the acquisition;

(2) SDVOSB listed as verified in VIP database at: https://www.vip.vetbiz.gov

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

The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer.

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

Reasonable:

In accordance with FAR 8.404(d), GSA schedule pricing has been determined fair and reasonable.

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

Vali Cooper International, LLC has Construction Management experience on National Cemetery Administration construction projects.

The Contracting Officer verified that VCI’s GSA contract was current and contained the necessary construction management services required by the Government. Additionally, the contracting officer verified SDVOSB certification on VetBiz is current and that the SDVOSB has current Representations and Certifications available on SAM.gov.

CPARS was reviewed to ensure this SDVOSB concern is responsible source with respect to performance.

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

N/A

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

None.

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:

In the future, the agency may consider a competitive procurement on GSA with an SDVOSB set-aside.

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.

Cheri Cooper Date Project Manager

13. Approvals:

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.

Jeff Gerbensky Date Contracting Officer