P03_Sole Source 6.302-2 Emergency Acquisition.pdf

Justification for Other than Full and Open Competition

Date: May 15, 2020 Contract Number: 36C25820C0057 Nomenclature: Emergency Drive Thru Testing Sidewalk Project Estimated Delivery or Period of Performance: 60 Days after NTP

1. Agency and Contracting Activity:

Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 East Missouri, Suite 300 Phoenix AZ 85014

2. Nature of Action Being Approved:

This document is to provide the supporting details surrounding the subject acquisition, awarded under Urgent and Compelling Circumstances IAW FAR 6.302-2.

3. Description of Requirement:

The Veterans Affairs Healthcare System located in Long Beach, CA (600) requires Emergency construction services to supply a drive thru testing site.

4. Statutory Authority permitting other than full and open competition:

Urgent and Compelling Circumstances IAW FAR 6.302-2, 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2).

5. Circumstances and Support for Urgent and Compelling Requirement:

All VA Hospitals worldwide are being tasked with COVID19 Emergency Response to better facilitate getting affected Patients screened and treated for possible Corona Virus exposure. The VA Long Beach is installing ADA Compliant walkways to allow for COVID-19 Drive-Thru Testing at the Traffic Circle in front of the Fisher House.

This lends itself to an emergency in accordance with FAR 6.302-2, IAW Construction Inc. was contacted to provide remediation as they are on site for a different project and avoids delays due to the imminent need to mitigate this situation.

6. Description of Solicitation Efforts and Exemptions This contract action is made under the conditions described in FAR 6.302-2 Urgent and Compelling circumstances. Furthermore, this acquisition is posted IAW 5.202(a)(2).

7. Market Research and Price Reasonableness:

Due to the urgency of this acquisition, a limited, informal query was conducted of the Federal Procurement Data System (FPDS-NG), System of Award Management (SAM), as well as Vetbiz.gov for potential sources.

The Independent Government Estimate (IGE) referenced one vendor with estimated pricing based on previous acquisition history for the same or similar services.

Due to the urgency, and stressed timeline of the requirements, IAW Construction Inc. provided a written interest in fulfilling this requirement.

8. Determination and Findings:

IAW Construction Inc. has adequate financial resources to perform the contract, or the ability to obtain them (see FAR 9.104-3(a)). The vendor has adequate financial resources to perform the contract with minimal risk to the government and are financially capable to perform the services in accordance with the Statement of Work and performance schedule.

Furthermore, the contractor has successfully completed similar requirements with other VA medical centers and commercial entities on previous acquisitions.

9. Price Reasonableness Determination:

It is determined the price is fair and reasonable per FAR 15.404-1(b)(2)(v), the price is fair and reasonable in comparison to the Government estimate. The independent government estimate (IGE) of $279,800.00 was submitted by the requiring activity for this procurement based on market research, informal requests for quotation, previous acquisitions of a similar type, and price comparison to the RS Means unit pricing book.

This award is being made pursuant to FAR 6.302-2 Unusual and Compelling Urgency. If award of purchase order were delayed if would further jeopardize the safety of all personnel and patients.

10. Statement of Actions to Overcome Competition Barriers:

Continued market research efforts for Service-Disabled Veteran Owned Firms capable of quick execution for similar services in future acquisitions.

11. Contracting Officer’s Signature:

Based on the above, IAW Construction Inc., has been determined to be a responsible contractor, in accordance with FAR Subpart 9.1, for performance under Contract No. 36C25820C0057.

I certify that this information is accurate and complete to the best of my knowledge and belief, and to be in the best interest of the government.

Rosalyn Caple Contract Specialist Construction Branch 2

Justin Hicks Contracting Officer Construction Branch 2