P03_Sole Source 6.302-2 Emergency Acquisition.pdf

Justification for Other than Full and Open Competition

Date: 16 September 2020

Contract Number: 36C25820C0090

Nomenclature: Replacement of Temperature/Ventilation Controls for Bldg.

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 Prescott, Arizona (649) requires emergency replacement of temperature/ventilation controls for Bldg. 155.

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:

The outdated Heating, Ventilation, Air Conditioning (HVAC) Controls system has completely failed in Bldg. 155. Personnel are unable to adjust, control, or monitor the temperatures in the whole bldg. Currently the temperatures in the Bldg. are around 60 degrees F. This is a patient safety issue and could cause significant damage to medical equipment as well as delays in patient care.

This lends itself to an emergency in accordance with FAR 6.302-2, Arizona Control Specialists, 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, Arizona Control

Specialists, Inc. provided a written interest in fulfilling this requirement.

8. Determination and Findings:

Arizona Control Specialists, 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

(IGCE) of $117,300.00 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, Arizona Control Specialists, Inc. has been determined to be a responsible contractor, in accordance with FAR Subpart 9.1, for performance under Contract No.

36C25820C0090.

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.

Permelia J. Bryant

Contract Specialist

Construction Branch 2

Justin Hicks

Contracting Officer

Construction Branch 2