P03 - Redacted Justification for Posting - Replace Fire Escapes.pdf

36C246-24-AP-3613 Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Replace Fire Escapes, Buildings 6 & 7

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C246-24-AP-3613

1. Contracting Activity: Department of Veterans Affairs, VISN 06, Hampton VA Medical Center, 100 Emancipation Drive, Hampton, VA 23667.

2237: 637-24-4-7353-0002

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

The Agency has an immediate need for the replacement of Fire Escapes for building 6 & 7 at the Asheville VAMC. Action will be awarded as a new, firm-fixed price contract.

Estimated Value: $XXXXX

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

The replacement of the Fire Escapes will ensure compliance with life Safety Code Requirements for the safe evacuation of building occupants in the event of a real-world emergency situation.

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):

38 U.S. Code § 8127(c) provides Contracting Officers with the authority to execute Sole Source Awards to Certified SDVOSB’s. All eligibility requirements of VAAR 819.7003 have been fulfilled. Chamber Mountain Construction, Inc. is a certified SDVOSB Company that has been determined to be a responsible contractor with a favorable past performance with qualified personnel to successfully complete this small project.

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:

Initially this acquisition was offered to and accepted by the Small Business Administration (SBA) under the authority of FAR 19.8 Contracting with the Small Business Administration (The 8(a) Program).

During the course of the acquisition process before an award could be made, Chamber Mountain Graduated the 8(a) Program. As such, the Contracting Officer is honoring the Agency’s previous commitment to the SBA by executing a Contract Award to Chamber Mountain under the aforementioned authority.

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/library/vaar/vaar819.asp#8197003 https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

36C246-24-AP-3613 Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Replace Fire Escapes, Buildings 6 & 7

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

The Contracting Officer anticipates that fair & reasonable pricing shall ultimately be received prior to the award of any subsequent contract, in accordance with the Price Analysis techniques at FAR 15.404-1(b).

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

Initially this acquisition was offered to and accepted by the Small Business Administration (SBA) under the authority of FAR 19.8 Contracting with the Small Business Administration (The 8(a) Program).

During the course of the acquisition process before an award could be made, Chamber Mountain Graduated the 8(a) Program. As such the Contracting officer is honoring its commitment to the SBA and executing a Contract Award under the aforementioned authority.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

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

Chamber MTN Construction, Inc.

273 Jilly Drive Clyde, NC 28721-7422

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:

Should a similar requirement be submitted, the Contracting Officer will survey the market for qualified SDVOSB Concerns in an effort to seek competition amongst to the maximum extent practicable.

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. Contracting Officer or Designee’s Certification (required):

Contracting Officer Network Contracting Office 06

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K):

I certify the justification meets requirements for other than full and open competition.

Division Two Chief Network Contracting Office 06