P03 Sole Source Justification for Cleaning and Maintenance Services.pdf

J&A Emergency Janitorial Services at VACHS

36C248 20 AP 4631

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 4 Original Date: 08/30/17 Revision 02 Date: 08/04/2020

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C248 20 AP 4631

Contracting Activity: Department of Veterans Affairs, VISN 08, Regional Procurement Office (RPO) East, Network Contracting Office 8, VA Caribbean Healthcare System (VACHS), San Juan, Puerto Rico. Purchase Request number applicable to this procurement is: 672 20 2 516 0042.

Nature and/or Description of the Action Being Processed: A Short term bridge contract to incumbent contractor to avoid lapse in service caused by a delay in the source selection process for the long term competitive follow on contract. The current contract VA248 15 C 0014 awarded on March 1, 2015 expires on August 31, 2020. A new competitive acquisition set aside for SDVOSB is currently in the source selection process. This short term procurement is for Janitorial and Cleaning Services at the VA Caribbean Healthcare System (VACHS), Mayaguez Outpatient Clinic (MOPC) and Ponce Outpatient Clinic (POPC). The contractor shall provide the necessary supervision, labor, supplies, materials and equipment to render complete janitorial services at the aforementioned locations. This action will be awarded as a new action.

Description of Supplies/Services Required to Meet the Needs: The VACHS has a bona fide need to provide six (6) months of Janitorial services to VA patients, employees and visitors during the source sel ction phase of the new long term follow on contract. The Contractor shall provide Healthcare Aseptic Cleaning Services at VACHS, to include patient bed cleaning services and cleaning /disinfection of high touchable areas due to the COVID 19 National Emergency. The contractor shall furnish all personnel, labor, supervision, management, equipment, tools, material, and supplies, and shall do all things necessary to perform the work efforts described in the PWS in a responsible, cost efficient, and environmentally friendly manner. Services shall be performed in a manner that will present a clean, neat, and appearance in all areas and shall meet The Joint Standards (TJC), National Cleaning Standards, and other regulatory agencies healthcare standards and facility requirements. The estimated delivery date/period of performance is for a base period of two months, and four option periods of one month each, from September 1, 2020 through February 28, 2020.

Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106 1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

( X ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency

36C248 20 AP 4631

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 4 Original Date: 08/30/17 Revision 02 Date: 08/04/2020

( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services

( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

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

Design Build, LLC is the one source with the required equipment, soures, capability, and competency to provide the service effective September 1, 2020 without delay.

Design Build, poseses a thorough understanding of the cleaning and disinfecting processes, areas to be cleaned and is already mobilized. Employees are fully trained in the hospital environment setting. This vendor has full knowledge of the Federal and Commonwealth of Puerto Rico laws, Center for Disease Control (CDC), and the Department of Health regulations. Additionally, employees are fully competent as per The Joint Commission (TJC). Design Build, LLC has the personnel resources, equipment capabilities, and experience to perform the work according to requirements immediately and has been providing the services without incident. Past Performance for this vendor prior and during the Covid 19 pandemic has been verified and it is outstanding.

Design Build LLC is a responsible source that can meet mission needs in accordance to the PWS. The VACHS has an unusual and compelling need for these services, and failure to obtain such services in a timely manner will result in a situation in which there is a threat of immediate harm to health, welfare, and safety of life.

Furthermore, the mission could be compromised if patient safety and well being are threatened due to potential safety and infection issues that may arise if these services are not provided.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was not conducted, because these services are considered an emergency under FAR 13.5. The facility cannot continue to operate without these services, and the resulting award shall be considered as a Bridge Contract, which will allow sufficient time for the Janitorial Services Long Term contract to be awarded.

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

The anticipated price to the Government is based on historical prices paid for the same service.

Department Of Labor (DOL) Wage Determination salary and all applicable fringe benefits rates considered. Additionally, the Contracting Officer shall use the procedures set forth in FAR 13.106 3 to establish price reasonableness.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As described in paragraph 6 above, due to the urgency of

36C248 20 AP 4631

PM Part 813.5 SAP for Certain Commercial Items Page 3 of 4 Original Date: 08/30/17 Revision 02 Date: 08/04/2020 this requirement, market research was not conducted. A bridge contract with incumnbent contractor is being proposed as a stop gap measure until the new competitive follow on contract is awarded.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

There is no sufficient time to allow a long term Janitorial Services contract, before the current contract expires (on August 31, 2020). In order to allow for the award of the Long term Janitorial Services contract, and the transition between the current contractor and the new contractor, a short term bridge contract must be awarded. The technical review board that is currently evaluating the proposals of the new long term follow on contract has been adversely impacted by the COVID 19 National Emergency and the different atmospheric systems, such as Tropical Storms Isaias and Laura, during this active and irregular hurricane season. Thus, delaying the timely and effective source selection team evaluation process.

Due to these reasons it is advisable to keep the current contractor until the process to select a new contractor is completed.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The current vendor for these services in our facility, Design Build, LLC.

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: This is for a short term bridge contract, which will allow sufficient time for a long term competitive follow on contract, set aside to SDVOSB to be awarded. To avoid interruption of janitorial services it is in the best interest of the Government to award a contract to the incumbent Design Build, LLC, while the long term process is awarded.

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.

Grissel Silva Date Chief, Environmental Management Program Facility Management Service

36C248 20 AP 4631

PM Part 813.5 SAP for Certain Commercial Items Page 4 of 4 Original Date: 08/30/17 Revision 02 Date: 08/04/2020

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Rafael Rodriguez Date Contracting Officer NCO 8, RPO East

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Maribel Santa Date Branch Chief, San Juan Services Team NCO 8, RPO East

c. VHA RPO HCA Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (if over $68 million) or approve ($700K to $68 million) for other than full and open competition.

Date

Joseph P. Maletta Executive Director VHA Head of Contracting Activity (HCA) RPO East