P03 - Sole Source Justification - Redacted.pdf

Request for Sole Source Justification >SAT-$7.5M under FAR13.5

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C252-24-AP-2007

1. Contracting Activity: Department of Veterans Affairs, VISN 12, Edward Hines Jr VA Hospital.

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

This procurement is for Solid Waste and Recyclables Collection and Disposal Services in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

This procurement is a sole source in accordance with VAAR 819.7008. This contract will be firm-fixed price and for one-year (04/01/2024 – 03/31/2025).

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

The services for this requirement will be acquired via a sole source procurement to the incumbent of the previous contract (36C25223P0449), Hamilton Alliance, Inc, and the total value of this requirement will be $453,600.00. The duration of this contract will be for one-year with no option periods included in the contract.

4. Statutory Authority Permitting Restricted 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 or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Award of the proposed contract is being made on a sole source basis pursuant to VAAR 819.7008 as stated above. VAAR 819.7008 states that “A contracting officer may award a contract to a verified SDVOSB using procedures other than competitive procedure provided- (1) The anticipated award price of the contract (including options) will not exceed $5 million; (2) The requirement is synopsized and the required justification pursuant to FAR 6.302 5(c)(2)(ii) is posted in accordance with FAR part 5; (3) The SDVOSB has been determined to be a responsible contractor with respect to performance;

and (4) In the estimation of the Contracting Officer contract award can be made at a fair and reasonable price that offers best value to the Government.

In the case of this procurement, the anticipated total price for this contract is $453,600.00 which is below the threshold of $5 Million. This sole source justification is being prepared in accordance with FAR 6.302-5(c)(2)(ii) and will be posted as required per FAR subpart 5.301(d). The incumbent SDVOSB contractor, Hamilton Alliance, Inc, has provided excellent services to the Hines VA Hospital during the term of their contract – according to COR Herbert Jones, is a certified SDVOSB per recent market research, and has no exclusions in SAM.gov. Lastly, the award for this contract can be made at a fair and reasonable price that offers best value to the Government

Based on the factors stated above, it is in the Government’s best interest to utilize this SDVOSB vendor in order to procure these services for a one-year period until a new long-term contract can be solicited and put in place.

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

A special notice of intent to sole source was publicized through SAM.gov on 03/20/2024.

Award of the proposed contract is being made on a sole source basis pursuant to VAAR 819.7008 as stated above. The contract will only be for one-year. A new Base plus four option periods contract will be solicited for on the open market at the conclusion of the one-year contract.

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

Previous Contract Number: 36C25223P0449

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

Market research was conducted utilizing VetCert, VIP, SBA, SAM, and previous/current VISN 12 contracts. Market research indicates that there are several qualified, capable, and eligible SDVOSB vendors for this particular service. As this procurement will be for one-year only, a future long-term contract is anticipated to be a 100% SDVOSB set-aside competed on the open market after exclusion of sources.

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

This contract is being awarded pursuant to the authority of 38 USC 8127(c) which states that a contracting officer may award a contract to an SDVOSB company that is a responsible source, the contract does not exceed the $5 million threshold, and the contracting officer believes that the award can be made at a fair and reasonable price that offers best value to the Government.

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

Hamilton Alliance, Inc.

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:

A subsequent acquisition will be procured for the same services at the Hines VA Hospital upon the expiration of this one-year contract. Based on previous, as well as current market research, there appear to be no barriers to obtaining competition for the next, long-term contract. The next contract is expected to be a 100% set aside as an SDVOSB concern, as the providers for these services are abundant.

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

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

Scott Sands Contracting Officer

NCO 12

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.

Supervisory Contract Specialist

NCO 12

Scott D Sands 3604638

Digitally signed by Scott D Sands 3604638 Date: 2024.03.25 15:49:20 -05'00'