PG_Part819.7008-7009_Atch1_FAR6_JA_IAW_VAAR_819.7008-7009.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: 03 Effective Date: 06/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C263-26-AP-3970

1. Contracting Activity: Department of Veterans Affairs, VISN 23, Nebraska Western Iowa VA Medical

Center, 4101 Woolworth Ave, Omaha, NE 68105

2237: 636-26-4-5058-0246

2. Nature and/or Description of the Action Being Approved: The VA Nebraska Western Iowa Health Care System is requesting an Urgent procurement for a Steam Leak Repair.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Multiple components in the steam system have failed and began leaking high pressure steam into various areas throughout the medical center. These leaks pose a safety hazard to individuals that can enter the area.

Additionally, if the leaks continue to grow then they may pose a plant risk and require an unscheduled shutdown of the steam system that will affect hospital operations. If this task is pushed off till winter months failure could require evacuation of the hospital. The total estimate for this procurement is $24,683.65.

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): The anticipated award is below the $5 Million threshold , the requirements will be synopsized at the time of award. Mark VII is a certified Service-Disabled Veteran Owned Small Business as listed on the SBA Small Business Search, and the contract will be found fair and reasonable making this eligible for a sole source award to a SDVOSB based on 38 U.S.C 8127(c) and VAAR 819.7008.

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: The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion for the contracting officer. To ensure that opportunities are available to the broadest number of certified SDVOSBs, this authority is to be used judiciously and only wen in the best interest of the Government.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The CO will compare the contract price to similar procurements listed in USAspending.gov.

https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf 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: 06/15/2024

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

Market Research Was Not Conducted: Due to the high visibility and criticality of the repairs, Boiler Chiller Systems was contacted based on proven experience working with the office of healthcare engineering. Due to insufficient time, limited market research was performed. Work to schedule services on the boiler is paramount should additional leaks be identified or existing leaks get worse.

Hospital operations would halt if repairs were not made in a timely manner, we would have to implement a load shed plan that would stop steam supply to critical areas such as OR, ICU, ER, inpatient spaces, pharmacy compounding…etc Market Research preformed:

a. A search in the US small business adminstation small business search for certified SDVOSB and VOSB companies searching NAICE Code 238220 for a total of 202 entries.

b. Steam Leak Repair services are available through GSA. A search for keyword “Steam Leak Repair” yielded 118 results however 0 results were retrieved when going by location.

c. SAM.gov database for SD/VOSB and NAICE yielded 74,324 results.

The vendor met the eligibility criteria outlined in VAAR 819.7003(DEVIATION), they are 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: 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: None

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.

Jeremy Davis Date Boiler Plant Operator Supervisor Omaha VA Medical Center https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://veterans.certify.sba.gov/

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

Effective Date: 06/15/2024

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.

Arielle Lifto Date Contracting Officer

NCO23

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

Date4_af_date: 8/31/26