P03 SSJ QTR Ice Machine PM SVCS CO Signed.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 04 Effective Date: 11/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C262-25-AP-4087

1. Contracting Activity: Department of Veterans Affairs, VISN 22, Long Beach Veterans Affairs

Healthcare System (LBVAHCS).

600-25-4-5665-0173

2. Nature and/or Description of the Action Being Approved: The Long Beach Veterans Affairs Healthcare System has a requirement for an emergency one-year bridge contract for quarterly ice machine preventative maintenance and sterilization services.

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

(40) ice machines located throughout the LBVAHCS require quarterly preventative maintenance services totaling one-hundred-sixty (160) services in the next year. These services are required to ensure compliance with the Veterans Health Administrative (VHA) Directive 1061 (2). The directive ensures VA Patients and staff personnel do not succumb to Legionella Disease and or Scald injuries from the LBVAHCS water systems.

4. Statutory Authority Permitting Other than Full and Open 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 and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Aviate Enterprises Incorporated has the capability and capacity to perform the required preventative maintenance services in accordance with the Statement of Work and emergency schedule. Based on the Market Research and in accordance with FAR 6.302-2 and VAAR 819.7008 a sole source award to this Service-Disabled Veteran Owned Small Business (SDVOSB) vendor is authorized.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies: Market Research yielded one vendor capable of performing the required preventative maintenance and sterilization services immediately to avoid a gap in service, and remain in compliance with VHA Directive 1061-(2). The vendor identified is Aviate Enterprises Incorporated.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Purchase is approved in accordance with FAR 6.302-2 and is deemed fair and https://www.va.gov/oal/library/vaar/vaar819.asp#8197008 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009 https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

Effective Date: 11/15/2024 reasonable based on previous procurements and market research. I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Market Research yielded no other contractors capable of fulfilling the requirements of this contract within the specified time. Due to the urgent and compelling nature of this requirement, solicitation was not feasible. Aviate Enterprises Incorporated met the eligibility criteria outlined in VAAR 819.7003(DEVIATION), is certified in VetCert and the action is below the $5M threshold.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Not applicable.

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

Incorporated provided the only vendor quote for this requirement provided by the requesting service.

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:

There will be an opportunity and effort to complete this requirement in the future.

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.

Name Date Title Facility

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.

Name: Daniel Kneizeh Date Title: Contracting Officer Facility: NCO 22 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3

Effective Date: 11/15/2024

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

NCO/PCO XX Duty Title

Facility

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 $75 million) or approve ($750K to $75 million) for other than full and open competition.

VHA Head of Contracting Activity (HCA)