P03 - Justification - Over SAT- Emergency Urgent and Compelling signed.pdf

VHAPG Part 806.3 OFOC Revision: 02 Effective Date: 11/15/23

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C262-24-AP-7379 – EMERGENCY

1. Contracting Activity: Department of Veterans Affairs (VA), VISN 22, Network Contracting Office 22, located at 4811 Airport Plaza Drive, Suite 600, Long Beach, CA 90815. The VA2237 funding document for this action is 644-24-4-224-1223.

2. Nature and/or Description of the Action Being Processed: A sole source award is being considered to the company listed below. This is a new firm-fixed price construction requirement for EMERGENCY repair of Building 8 ACC South Basement Level in ceiling sewage lines are corroded to the point of failure, pipe is open to atmosphere in multiple areas.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The VAPHX requires construction services for the repair of sewage system of building 6.

The total estimated value of the proposed action is $414,818.700.

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;

(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):

Unusual and Compelling Urgency (FAR 6.302-2) precludes full and open competition and delay in award of this contract would result in serious injury, including financial to the Government. This is an emergency project that requires construction services for the repair of the sewage system. Not only has Andrews Plumbing Services Inc completed projects of similar size, scope, and complexity, and has intimate knowledge of the station facilities.

Andrews Plumbing Services Inc has available resources to provide the construction services in the exceptionally short time needed for the project. In the estimation of the https://www.acquisition.gov/?q=/browse/far/6 contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Full and open competition and delay in award of this contract would cause a risk to the safety of our patients. Based on the short notice, the Contracting Officer determined that the circumstances of the contract action deem only one source reasonably available based on urgency. Authorization was given by the Branch Chief, Construction Branch 1 to proceed with the requirement with Andrews Plumbing Services immediately for the Phoenix VA.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer determines the anticipated costs to be considered fair and reasonable based on the Independent Government Estimate and a search of FPDS for similar projects. After review of several projects done by Andrews Plumbing Services Inc, it was found that there were recent contracts done by Andrews Plumbing Services Inc. They are as follows:

• December 11, 2023, VA Contract 36C26224P0393 - $278,653.16

• August 06, 2024, VA Contract 36C26224P1862 - $92,306.96

• September 11, 2023, VA Contract 36C26223P2165 - $19,784.13

8. Description of the Market Research Conducted and the Results, or a Statement of the

Reasons Market Research Was Not Conducted: EMERGENCY. The market research was not completed due to the urgency of the required repairs. The Contracting Officer determined that the circumstances of the contract action deem only one source reasonably available based on urgency. Authorization was given by the Branch Chief, Construction Branch 1 to proceed with the requirement with Andrews Plumbing Services immediately for the Phoenix VA.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The vendor’s knowledge of the requirements of the facility and ability to complete this project expeditiously supports using the OFOC process.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Based on the short-notice emergency, the Contacting Officer determined that the circumstances of the contract action deem only one source reasonable available based on urgency.

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: The Government will continue to strategically plan future projects that may arise that would enable future actions to be competed under the circumstances.

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.

a. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: Contracting Officer Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Christopher Stacy Contracting Officer Network Contracting Office 22

Date

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.

Kevin Vo Branch Chief, Construction 1 Network Contracting Office 22 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx