P03 SSJ NASH BPO SIGNED.pdf

Effective Date: 11/15/24 Page 1 of 3

REVISION: 01

Acquisition ID#: 36C249-26-AP-0574

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN

ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C249-26-AP-0574

1. Contracting Activity: Department of Veterans Affairs, VISN 9, Tennessee Vally Healthcare Services

(TVHS) Nashville Medical Center, Network Contracting Office (NCO) 9, Murfreesboro, TN; PR # 626- 26-2-4087-0002.

2. Nature and/or Description of the Action Being Processed: This procurement is for TVHS Nashville Medical Center for Boiler Plant Operators (BPO) 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 is for a 6-month firm fixed price service contract for Boiler Plant Operators. Requesting a sole source award to S.M. Lawrence Company, Inc. as a new stand-alone contract with a Period of Performance:

01/01/2026 through 06/30/2026, no option evaluated.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The TVHS Nashville Medical Center requires a contractor to provide Boiler Plant Operators for service and maintenance of the facilities Boiler Plant. The estimated value of the proposed action is $575,280.00 with a period of performance from 01/01/2026 through 06/30/2026. No options evaluated.

4. 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 ( ) 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 Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): S.M. Lawrence Company, Inc.

BPO Employees are required to operate 3 (three) Cleaver Brook boilers and associated equipment to provide uninterrupted service to meet the needs of the Medical Center. Observe gauges, charts, flow meters, and pressures and records these in the time frame established; take necessary actions within established procedures to provide safe and efficient operation. Adjustments to equipment are performed in a timely manner in accordance with applicable regulations and standards.

Effective Date: 11/15/24 Page 2 of 3

Acquisition ID#: 36C249-26-AP-0574

Employees must be fully qualified BPO’s before being able to maintain system alone. Must be able to pass comprehensive Federal background check and obtain/maintain a PIV card.

24 hours prior notice is required for adequate shift coverage. Less than 24 hours prior notice is still acceptable, but no guarantee is given that the entire shift will be covered.

Tasks need to be proficient at as these will be normal everyday tasks:

(1) Start-up and shut down of boiler(s),

(2) Operation of plant equipment and controls,

(3) Collecting, recording, and documenting of plant operations,

(4) Routine equipment maintenance,

(5) Preparation of equipment for inspections,

(6) Operation and testing of all safety devices and control equipment,

(7) Operation of emergency generators,

(8) Facility monitoring,

(9) Other tasks as required by VA for utility systems operators.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The Department of Veterans Affairs are unable to fully compete at this time, due to time restraint and Federal Regulations that prevent full manning of BPO Full Time Equivalent (FTE). S.M. Lawrence Company, Inc. contracted employees have completed the mandatory 90 day training, per VHA directive 1810 Section 4.F page 2, (directive attached for reference) prior to ability to work solo. These individuals are required to pass a comprehensive VA background check and obtain a PIV card. The contracted employees schedule is not set;

therefore the incumbent is required to work 1st, 2nd or 3rd shift depending on Utility Supervisor need and scheduling. Additionally, due to the lack of and capability to hire VA FTE, additional emergency shifts are required to ensure full coverage and continuance of hospital functions.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The price on this requirement is determined fair and reasonable based on a comparison with other contracts found in the Federal Procurement Data System. The pricing analyzed was found to be consistent with the market research pricing that was provided by the below contract. Purchase Order 36C24924P0819 was awarded on 06/27/2024, $665,700.00 with a POP 07/01/2024 through 12/31/2024. P00001 - Extended POP 01/01/2025 through 06/30/2025 increased $665,700.00. P00003 - Extended POP 07/01/2025 through 12/31/2025 increased $579,360.00.

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 IAW FAR Part 10, VAAR Part 810 and PPM 2016-05 (REVISED AUG 2019). SBA search using NAICS 238220 and keyword “Boiler” resulted in 0 (Zero) results, therefore the “VA Rule of Two” does not apply.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Fully capable contracted Boiler Plant Operators are required 24/7 at beginning of the period immediately at the expiration of the current purchase order on 12/31/2025.

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

S. M. Lawrence Company, Inc.

SAM UEI: G3KJLXAG4F21

Effective Date: 11/15/24 Page 3 of 3

Acquisition ID#: 36C249-26-AP-0574

1330 Murfreesboro Pike Nashville, Tennessee 37217-2619, United States

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: Future acquisitions of this services requires adequate lead time to provide competition and allow for the mandatory training if a new contractor is selected. Program office needs to plan on 6 months to a year prior to the expiration of current requirement.

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.

Clint Roberts Date Utility System Supervisor, Engineering Service Tennessee Valley Healthcare System

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.

Diane Ziegler Date Contracting Officer Network Contracting Office (NCO) 9

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.

Roxie Ann Keese Date Facility Support Branch Chief Network Contracting Office (NCO) 9