P03 Sole Source Justification- Chiller and Generator Rental fully signed.pdf

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W065--*EMERGENCY* Chiller Rental for Ft. McPherson Bldgs 128, 129, 131
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This document is a Justification and Approval (J&A) for Other Than Full and Open Competition (OFOC) for an emergency requirement to lease a temporary chiller and generators for VA facilities in Atlanta, Georgia.

The requirement is for Sunbelt Rentals, a large business, to provide and install a 70-ton chiller and generator for Building 131, and a 150-ton chiller and generator for Buildings 128 and 129. The estimated cost is $540,686.40 for the base period from 9/1/2024 to 12/31/2024. The justification cites unusual and compelling urgency under FAR 6.302-2, as the chillers need to be replaced immediately to avoid displacing residents/staff and risking safety. Due to the urgent nature, limited market research was conducted, and Sunbelt Rentals was determined to be the only vendor that could satisfy the requirement on an emergency basis. The contracting officer certified the justification and determined the price to be fair and reasonable.

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Attachment 1: Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 3

Revision: 03 Effective Date: 04/15/24

Acquisition ID#: _36C247-24-AP-5564

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:_36C247-24-AP-5564

1. Contracting Activity: Department of Veterans Affairs, VISN 07, 0508 Medical Center

Joseph Maxwell Cleland Atlanta VAMC, 1670 Clairmont Road, Decatur GA 30033

2237# 508-24-4-589-0230

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

This is an Emergency requirement for Sunbelt Rentals (Large Business) to provide a temporary leasing services for a Chiller and Generators to Buildings 128, 129 and 131.

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

The contractor shall deliver and install one 70ton chiller and generator for building 131 and one 150 ton chiller and generator for buildings 128 and 129 (to include fueling as needed) all hoses and adaptors required for installation and covering and transition ramp to safely cross hoses on ground.

Esimated Cost- $540,686.40 (Base Year- 9/1/2024 to 12/31/2024)

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;

( X ) (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

( ) (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):

Sunbelt Rentals was the only vendor that could satisfy the government's need on an emergency basis. If chillers are not replaced residents/staff will be displaced and lives are at risk if the building is inoperable.

VHAPG Part 806.3 OFOC Page 2 of 3

Acquisition ID#: _36C247-24-AP-5564

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Due to the urgent nature of this requirement, limited market research was conducted. This requirement will be a sole source to Sunbelt Rentals (Large Business) as Urgent and

Compelling under FAR 6.302-2.

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

Reasonable:

The price of $540,686.40 has been determined to be fair and reasonable based on the IGCE.

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

Reasons Market Research Was Not Conducted:

Due to the urgent nature of this requirement, limited market research was conducted. This requirement will be a sole source to Sunbelt Rentals (Large Business) as Urgent and

Compelling under FAR 6.302-2.

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:

Sunbelt Rentals, Inc.

1799 Innovation Point

Fort Mill, SC 29715

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:

The Joseph Maxwell Cleland Atlanta VAMC will continue to conduct market research to ensure any future barriers to competition are removed.

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.

Daryl Lewis ___________ ___9/1/2024____

Daryl Lewis Date

Engineering Services

VHAPG Part 806.3 OFOC Page 3 of 3

Acquisition ID#: _36C247-24-AP-5564

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.

Quentin Deloney Date

Contracting Officer

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.

R. Anthony Stephens Date

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

2024-09-06T11:13:54-0400
QUENTIN DELONEY
2024-09-06T14:08:36-0400
ROBERT STEPHENS

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