P03_Justification to Post Redacted.pdf

VHAPG Part 806.3 OFOC Page 1 of 4 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C248-24-AP-2968

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C248-24-AP-2968

1. Contracting Activity: Department of Veterans Affairs, VISN 8, Bay Pines VA Medical

Center, Network Contracting Office 8. 2237 number: 516-24-2-8061-0027.

2. Nature and/or Description of the Action Being Processed: This requirement is for a new firm-fixed-price, single award contract awarded on a sole source basis for construction services to complete the work for Project Number 516-23-122, Replace mold containing elements in Bldg. 1 Canteen Kitchen.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The contractor is to provide bid-build services that includes all labor, materials, and supervision to complete the build back of the canteen kitchen that was vacated due to the visual presence of mold.

The mold remediation is now completed and the build back of the entire kitchen must occur to include but is not limited to ceiling tiles, electrical, low voltage wiring, ductwork, drywall, abatement of VCT flooring, and tile. The estimated value of this requirement is The contract is to be completed within the period of performance of 70 calendar days.

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;

( ) (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

(x) (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):

In accordance with the Veteran Affairs Acquisition Regulation (VAAR) Part 719.7008, a contracting officer may award a contract to VetCert-listed service-disabled veteran-owned small business (SDVOSB) concerns using other than competitive procedures provided:

VHAPG Part 806.3 OFOC Page 2 of 4

Acquisition ID#: 36C248-24-AP-2968

(1) The anticipated award price of the contract (including options) will not exceed $5 million.

(2) The requirement is synopsized and the required justification pursuant to FAR 6.302-

5(c)(2)(ii) is posted in accordance with FAR part 5

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and

(4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government.

The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. A determination that only one SDVOSB can meet the requirement is not required. To ensure that opportunities are available to the broadest number of verified SDVOSBs, this authority is used only when in the best interest of the Government.

This requirement was previously competed in solicitation number 36C24824Q0711 on the NCO 8 Job Order Contract (JOC). A site visit was held and numerous prime and sub-contractors attended. However only one company, Blue Cord Design and Construction, LLC, submitted an offer. Blue Cord Design and Construction, LLC is a well-respected and responsible vendor that has successfully completed construction projects throughout VISN

8. Since this requirement is a priority for the hospital as this canteen area which services Veterans has been unusable since mold was found, it was determined to be in the best interest of the Government to sole-source this requirement to the only firm that expressed an interest in the requirement during solicitation.

This business meets eligibility requirements as required by 819.7003 as Blue Cord Design and Construction, LLC is a VetCert-listed Service-Disabled Veteran Owned Business (SDVOSB) and is a small business concern under the applicable NAICS 236220. This company is found responsible with respect to performance based on previously completed projects for the VISN 8.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: While there are other VetCert-listed contractors that can provide these services, a determination that only one SDVOSB concern is available to meet the requirement is not required per the authority cited in paragraph 4 as using this vendor has been determined to be in the best interest of the Government. The estimated value of this requirement is greater than $25,000 and thus will be synopsized IAW Part 5.301(a) (1).

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

Reasonable: The CO anticipates the awarded price of this requirement to be fair and reasonable prior to award based on information gained during the previous solicitation and price evaluations provided by the engineering department.

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

Reasons Market Research Was Not Conducted: Market research was conducted in accordance with VAAR 810.001, Market Research Policy.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Under the authority granted by Public Law 109-461, the VA is authorized to set-aside contracts and/or award sole source awards to SDVOSB and VOSB firms. The Contracting Officer’s business decision supports the “Use of Other than Full and Open Competition” as it was determined to be in the best interest of the Government.

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

BHPE LLC

901 S Spring Lane Blanchard, OK 73010

The Regiment LLC 4695 Portofino Way #304 Palm Beach, FL 33409

Venergy Group, LLC 3130 Seminole Road Fort Pierce, FL 34951

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 barriers to competition. The CO is using the authority granted by VAAR 819-7008 for sole source awards to SDVOSB concerns as a tool to award and complete construction requirements in an accelerated manner as it is determined to be in the best interest of the Government.

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.

Date

FMS Bay Pines VA Healthcare System

6/17/2024

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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.

Contracting Officer

NCO 8

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.

NCO 8

6/17/2024

6/20/2024