P03 SSJ JA_OVER_SAT 506-26-203.pdf

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#: 36C250-26-AP-0651

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C250-26-AP-0651

1. Contracting Activity: Department of Veterans Affairs, VISN 10, Ann Arbor VA Medical

Center, 2215 Fuller Rd., Ann Arbor, MI 48105. Site 506. 2237 # 506-26-1-586-0004

2. Nature and/or Description of the Action Being Processed: AP Action 36C250-26-AP-651 is for Repair Inpatient Pharmacy Mixing Room 506-26-203. The action will be awarded as a new contract for the Urgent and Compelling repairs due to flooding.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Labor and materials to urgently repair the Inpatient Pharmacy Mixing rooms affected by water damage.

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):

This is an Unusual and Compelling procurement with danger to life and limb. Emergency repair work of existing IV mixing rooms due to flooding that occurred from a sprinkler head that was struck, flooding the entire area. The IV mixing capabilities are compromised for the facility impacting healthcare delivery and Veteran care.

The nature of this procurement does not allow for receipt and evaluation of multiple quotes/proposals.

Additionally, 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.

https://www.va.gov/oal/library/vaar/vaar819.asp#8197008 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009

VHAPG Part 806.3 OFOC Page 2 of 3

Acquisition ID#: 36C250-26-AP-0651

The SDVOSB contractor to be used for this procurement is currently performing work onsite for a project that has a scope of work very similar of this requirement which will expedite their proposal, and minimize the mobilization time. The contractor is compliant in both VetCert and SAM (no exclusions).

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

Due to the Unusual and Compelling need of this procurement only one source was sought in order to expedite the restoration of the pharmacy work area and return full healthcare services to the veteran population. It was important to secure a competent, reliable, contractor with a documented history of satisfactory performance in order to complete this requirement as quickly as possible to meet the needs of the Ann Arbor VA Medical Center.

In normal circumstances there would be abundant sources under the NAICS code in the market area for full and open competition, set-aside for SDVOSB contractors.

A Sources Sought Synopsis was impracticable and not issued due to the Unusual and Compelling need of this procurement.

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

It is anticipated that the cost will be Fair and Reasonable when compared to the IGCE.

Evaluation of price will be done in collaboration with the project COR. Evaluation will be on price only.

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

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.

Also the Unusual and Compelling circumstances necessitates the need to expedite this procurement.

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

No other facts other than what has been stated in Item 5, above.

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

No other sources expressed an interest in writing, although there were others aware of the situation.

https://www.va.gov/oal/library/vaar/vaar819.asp#8197008 https://www.va.gov/oal/library/vaar/vaar819.asp#8197008

VHAPG Part 806.3 OFOC Page 3 of 3

Acquisition ID#: 36C250-26-AP-0651

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:

No other actions are planned other than what has been formerly submitted by the Engineering Service for FY 26 and are following the proper course of competition as the requirements dictate.

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.

Rod Ipakchian Date Chief, Engineering Section Ann Arbor VA Medical Center

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.

Scott Brennan Date Senior Contract Specialist Network Contracting Office (NCO) 10

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.

Richmond McCloud Date Supervisory Contract Specialist Network Contracting Office (NCO) 10 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx