P03-SSJ Boiler Plant Repairs Philadelphia VAMC.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C244-23-AP-3851

PR: 642-23-3-583-0763

1. Contracting Activity:

Department of Veterans Affairs Network Contracting Office (NC04) provides support for the Corporal Michael J Crescenz VA Medical Center (CMCVAMC) located in Philadelphia, PA.

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

The Philadelphia VA Medical Center has a new requirement to provide parts, labor, tools, material, equipment, transportation, and supervision for the repairs, calibration, and testing on Building 8 Boiler Plant equipment and safety devices, including all four (4) boilers and ancillary boiler plant equipment, as outlined in the Statement of Work.

The estimated value of this procurement is $669,132.00, which was developed by the Technical Point of Contact, Robert Martin.

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

A recent inspection issued by the joint commission revealed that all four (4) high pressure boilers and ancillary boiler plant equipment including fuel delivery systems have significant safety device failures and repairs, testing, and calibration which need to be addressed and completed immediately. The failed safety devices have made the boiler plant vulnerable to catastrophic failures and puts the boiler plant operators and hospital operations at risk. Boiler plant failures, such as loose or damaged steam valves have lead to serious injury or death to nearby personnel and critical hospital function such as sterile processing, hot water distribution, and the HVAC system rely on the steam supply in the past.

The suggested vendor for this requirement is Caldaia Controls. Caldaia Controls is knowledgeable and qualified to repair, test, and calibrate high pressure boilers and boiler plant equipment. The suggested vendor performed service contracts with the Philadelphia VA Medical Center to provide safety device testing and to perform repairs in the past.

VAAR 819.7007 states that VA contracting officers (COs) may award a contract to a verified Service-disabled veteran-owned small business (SDVOSB) or Veteran owned small business (VOSB) concern using other than competitive procedures. For actions that fall under the Veterans First Authority pursuant to VAAR 819.7007 and VAAR 819.7008, the anticipated award price of the contract (including options) shall not exceed $5 million. Caldaia Controls is a SDVOSB contractor and would be eligible for award using this procedure. Caldaia Controls is registered in the VetBiz Portal as a SDVOSB company.

The Period of Performance is estimated to be 8/1/2023 – 4/30/2024.

4. Statutory Authority Permitting Other than Full and Open Competition:

VAAR 819.7001 states that VA contracting officers (COs) may award a contract to a verified Veteran owned small business (VOSB) concern using other than competitive procedures.

( ) (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;

( ) (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

(X) (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):

Due to previous experiences and Caldaia’s intricate knowledge from working on boilers and ancillary boiler plant equipment at the Philadelphia VA Medical Center, the company is the suggested vendor for this requirement. Caldaia Controls is registered in VertCert as a SDVOSB concern with registration expiring on 6/25/2026.

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

In acoordance with the authority of FAR 6.302-5 and VAAR 819.7009, this procurement can be directly awarded to an SDVOSB. Caldaia Controls is certified with the SBA under the Veteran Small Business Certification (VetCert). As a result, this procurement will not be solicited.

IAW VAAR 819.7009 (b) and (c), it is within the contracting officer’s discretion to make a sole source award when doing so is in the best interest of the Government and supported by a written justification and approval.

IAW FAR 6.305, the signed justification and approval will be posted to SAM.gov within 14 after contract award.

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

Reasonable: Caldaia currently holds several service contracts similar in nature within the Department of Veterans Affairs. These contracts have been competed on several occasions and consistently demonstrate the lowest price and best value based on established rates and level of effort. The Government will ensure that same pricing approach will be established for this effort and a determination of Price Reasonableness IAW FAR 13.106-3 will be conducted prior to finalizing the award.

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

The CO will use the non-competitive (sole source) procedures as authorized in FAR 6.302-5 and VAAR 819.7009. Based on market research of previously successful contracts and conversations with the Technical points of contact at the facility, Caldaia Controls, will be able to meet the needs of the Philadelphia VHA.

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:

None

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: Not required.

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.

(This signature is the requestor’s supervisor, fund control point official, chief of service, someone with responsibility and accountability)

Jennifer Smith Date Branch Chief NCO4 Services 1

13. 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.

April Stanch Date Contracting Officer NCO4 Services 1 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

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.

Jennifer Smith Branch Chief Date NCO 4 Services 1