P03 - (USAT-LSJ_v6) - 612-20-1-6101-0004 - BOILER PLANT OPERATORS-signed.pdf

VHAPM Part 808.405-6 Limiting Sources Page 1 of 3 Original Date: 08/30/2017

DEPARTMENT OF VETERANS AFFAIRS

FAR 8 – Justification for Limiting Sources (LSJ) For

Limiting Sources (<$250K)

Acquisition Plan Action ID: VA261-20-AP-1200

1. Contracting Activity:

Department of Veterans Affairs

Network Contracting Office (NCO) 21

VA Northern California HealthCare System

150 Muir Road, Bldg: AB7; Rm: AB736

Martinez CA 94553-4668

VISN: 21

1. Description of Action:

Nature: New Requirement Follow-on Order

Mod to Existing Order Number Insert task/delivery order no.

Order against: FSS Contract Number: GS-23F-0054S

Contract #: GS-23F-0054S

APSI CONSTRUCTION MANAGEMENT

8885 RESEARCH DR

IRVINE, CA 92618-4236

Phone: 949-679-0202

E-Mail: jay.losak@apsicm.com

Web Address: http://WWW.APSICM.COM

DUNS: 859080434

2. Description of Supplies or Services:

The estimated value of the proposed action is $ 186,240.00

Provide two (2) full-time onsite chiller/boiler operators working Monday through Friday (8 hours a day/5 days per week). Days, Swing and occasional weekend days or holidays on these shifts as well not to exceed 8 hours a day or 5 days a week. Total time required 1920 hrs (960hr per operator or approximately 120 days per operator). No holiday or OT pay. Contractor personnel will be responsible for providing services to operate the VA Northern California Health Care

System (VANCHCS) Utility System Energy Center located at the Sacramento VA Medical

Center.

http://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI216_5.htm

VHAPM Part 808.405-6 Limiting Sources Page 2 of 3

3. Authority:

ORDER AGAINST FSS: Authority of the Multiple Award Schedule Program, Title III of the Federal Property and Administrative Services Act of 1949 (41 USC 251, et seq.); Title 40 USC 501, Services for Executive Agencies; and Section 803 of the National Defense Authorization Act of 2002 (PL 107-107) and implemented by FAR 8.405-6. Mark the applicable exception:

An urgent and compelling need exists, and following the procedures would result in unacceptable delays(FAR 8.405-6(a)(1)(i)(A);

Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized;

(FAR 8.405-6(a)(1)(i)(B));

In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order and the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order was not previously issued under sole-source or limited-sources procedures (FAR 8.405- 6(a)(1)(i)(C)); or

Items peculiar to one manufacturer. An item peculiar to one manufacturer can be a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer (FAR 8.405-6(b)).

4. Rational/explanation to support cited authority:

The VA Northern California HealthCare System (VANCHCS) has an on-going need for skilled and trained Boiler System Operators for the Fulton Fuel-Fire Steam Boiler systems. Typically, this requirement is fulfilled with VA employees however for the past several years the VA has been unable to hire employees for the vacant positions. The service has received authorization from Human Resources to contract out the position due to the critical nature of the requirement which is directly linked to both employee and patient safety within the facilities. Several Short-

Term contracts have been executed in accordance with 5 CFR Part 300, Subpart E, Use of

Private Sector Temporaries, and agency procedures.

For the previous (3) short-term contracts a sources sought notice was issued via Federal Business

Opportunities (FBO) with only the incumbent contractor responding. In addition to no other responses for the sources sought notice the previous solicitation was also posted to eBuy and no responses were received other than the incumbent contractor as well.

Competition has been difficult to obtain due to the specialized nature of the boiler system. Based on the lack of competition for the best price available the short-term contracts have been issued via GSA contracts which have preestablished pricing. The VA has obtained lower than published

GSA prices for the past two contracts.

https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/8

VHAPM Part 808.405-6 Limiting Sources Page 3 of 3

While typically another sources sought notice would be issued to further confirm the absence of capable competition, a sole source short-term contract will be issued to the incumbent contractor based on the following: 1) The urgent need for the highly specialized Boiler Operator System services 2) the current technical difficulties with the beta.sam.gov portal through which a sources sought notice could be issued. 3) The current environment during the COVID-19 pandemic has left fewer resources to devote to training a new contractor on VA policies and procedures therefore for seamless and safe continuity of operations the current incumbent contractor will remain in place.

Additionally, a recommendation has been made to the service that ultimately the services required for the specialized equipment may at some point be no longer available in the marketplace and it is highly recommended for the facility to invest in a more modern Boiler

System where both employees and contract workers are more readily available.

5. Note that this determination satisfies the requirements of FAR 8.405-6. The requirement to prepare a written justification IAW FAR 6.303 does not apply to Federal Supply Schedules.

JASON T. HILL

CONTRACTING OFFICER/DESIGNEE

DATE: June 10, 2020 https://www.acquisition.gov/?q=/browse/far/8 https://www.acquisition.gov/?q=/browse/far/6