P03 Lead Paint Correction_Atch1_FAR6_JA_IAW_VAAR_819.7008 JG.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 03 Effective Date: 06/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C241-24-AP-5223

1. Contracting Activity: Department of Veterans Affairs, VISN 01, Central Western Massachusetts

Medical Center has an emergency requirement for Lead Paint Corrective Action in Building 16 VISN Print Shop. This solicitation is assigned to NCO 1, Division 2, Construction Branch 1. The Funding Requisition Number (VA Form 2237) is 631-24-4-4940-1133.

2. Nature and/or Description of the Action Being Approved: Work shall consist of: stabilization, clean up, encapsulation, and wall protection. This is a new required identified to Contracting Activity on August 7th, 2024, when chipped lead paint was discovered and determined to be an immediate employee safety concern. This requirement will be awarded as a Firm-Fixed Price Construction Contract under Solicitation RFP 36C24124R0107.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The scope of work includes the following tasks:

a) As soon as possible in Building 16 Print Shop and Break Room Exterior Wall:

b) HEPA Vacuum the area where paint chips and dust are present

c) Render the paint to make intact

d) Encapsulate the walls with a lead paint encapsulant (ensure SDS is approved prior to work by VA COR)

e) Poly the walls by fastening furring boards at the top of the wall and seal down to the ground

f) Provide CPIH for background air sampling and visual clearance and provide all reports to VA within 48 hours of work.

The IGCE for this requirement is $16,823.80. The performance period for this work is 1 working day scheduled as soon as possible from emergency NTP. Reports to follow within 48 hours so entire effort should be 9 days from NTP.

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 819.7008 (DEVIATION) or VAAR

819.7009 (DEVIATION) up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a certified veteran-owned small business

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

Authority given to Contracting Officer’s allows sole source awards to SDVOSB/VOSB based on 38 U.S.C. 8127(c). The SDVOSB concern, Global Compass, has been determined to be a responsible source with respect to performance. Additionally, the Contracting Officer has ensured Global Compass meets eligibility requirements in 819.7003(DEVIATION).

https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer. To ensure that opportunities are available to the broadest number of certified SDVOSBs, this authority is to be used judiciously and only when in the best interest of the Government. The Contracting Officer determined it is in the best interest of the government to award this emergency project to a company that can begin the work immediately at the time of award as this safety concern impacts the ability of employees to perform their work.

Since Global Compass is already mobilized at the campus and confirmed the ability to begin work immediately, the CO has determined a sole source is in the best interest of the government to promptly remediate this safety concern. An award notice synopsizing the requirement and the justification pursuant to FAR 6.302-5(c)(2)(ii) will be posted in accordance with FAR Part 5.

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

Reasonable: Price reasonableness will be determined via comparison to the IGCE, technical evaluation, and comparison to historical prices on previously awarded contracts for similar services listed on FPDS-NG and eCMS.

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

Market Research Was Not Conducted: Results of market research conducted pursuant to FAR Part 10, VAAR Part 810 and VHAPG Part 810.001 supported the determination that Global Compass Inc.

met the eligibility criteria outlined in VAAR 819.7003(DEVIATION), they are certified in VetCert and the action is below the $5M threshold.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. As previously stated, the authority which allows sole source awards to SDVOSB/VOSB is based on 38 U.S.C.

8127(c) and that the SDVOSB concern has been determined to be a responsible source with respect to performance. Additionally, Global Compass Inc. does meets eligibility requirements IAW

819.7003(DEVIATION).

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None were obtained.

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: No actions are planned. This is not expected to be a recurring requirement.

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.

https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202 https://www.acquisition.gov/far/part-10 https://www.acquisition.gov/far/part-10 https://www.va.gov/oal/library/vaar/vaar810.asp https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/VHAPG_Part_810.001.aspx https://veterans.certify.sba.gov/

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3

_____________________________ ___8/9/2024________________ Josee Goldin Date Engineer-Projects Supervisor Leeds VAMC

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.

_____________________________ ___8/9/2024________________ Paige Pearson Date Contracting Officer

NCO 1

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx