PM_Part806.3_Atch5_FAR6_JA_OVER_SAT.pdf

Acquisition Plan: 36C242-22-AP-0268

OFOC SOP Revision 11 Page 1 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-22-AP-0268

1. Contracting Activity:

Department of Veterans Affairs, VISN 2, 130 West Kingsbridge Road, Bronx, NY 10468 service to be provided at Department of Veterans Affairs, Network Contracting Office (NCO) 2, New York Harbor Healthcare System 3 campuses: Manhattan VA Medical Center, 423 East 23rd Street, New York, NY 10010; Brooklyn VA Medical Center, 800 Poly Place, Brooklyn, NY 11209, and St. Albans VA Community Living Center, 179-00 Linden Blvd St. Albans, NY 11425. And 2 Community Based Outpatient Clinic (CBOC): Harlem, 55 West 125th Street New York, NY 10027, and Staten Island, 1150 South Ave, Suite 301 Staten Island, NY 10314.

Purchase Request Number 630-22-1-6066-0008.

2. Nature and/or Description of the Action Being Processed:

NCO 2 intends to award a sole source contract for sensitive document destruction services to Griffin Resources LLC. This requirement is sensitive document destruction services for New York Harbor Healthcare System 3 campuses and 2 (CBOC’s) to bridge a gap in services for sensitive document destruction. For 6 months base period, plus 2 (3) months option period. The period of performance is November 26, 2021 through May 25, 2022. The option period, if utilized, performance will be from May 26, 2022 through August 25, 2022 for option 1, and August 26, 2022 through November 25, 2022 for option 2.

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

The VA NY Harbor has a requirement for a non-personal service for sensitive document destruction services. The Contractor shall provide management, supervision, labor, parts, material, tools, and transportation necessary to perform document destruction services as prescribed in the statement of work. Contractor to provide containers for sensitive documents pick up the full containers and destroy the documents. Using of Contractor's site and services may require management of Federal records. If the Contractor holds Federal records, the Contractor must manage Federal records in accordance with all applicable records management laws and regulations, including but not limited to the Federal Records Act (44 U.S.C. chapters 21, 29, 31& 33), and regulations of the National Archives and Records Administration (NARA) at 36 CFR Chapter XII Subchapter B). Managing the records includes, but is not limited to secure storage, retrievability, and proper disposition of all federal records including transfer of permanently valuable records to NARA in a format and manner acceptable to NARA at the time of transfer.

OFOC SOP Revision 11 Page 2 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

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 The Department of Veterans Affairs (VA), Bronx, New York issued solicitation 36C24221Q0092 as a Service-Disabled Veteran Owned Small Business (SDVOSB) set aside to procure Sensitive Document Destruction Container Collection and Removal Services at the New York Harbor Healthcare System, (3 medical centers) VA Medical Center and Community-Based Outpatient Clinics located in Harlem and Staten Island, New York. The Contracting Officer assigned NAICS 561990, All Other Support Services, to the procurement, which has a small business size standard of $12 million. Contract award 36C24221D0039 was made to a SDVOSB, on December 4, 2020 the Contracting Officer received a protest from an interested party. January 20, 2021 the U.S. Small Business Administration (SBA) determined that awardee is found to be “other than a small business concern” for the instant procurement.

As a result of the SBA decision, NCO 2 had to terminate contract number 36C24221D0039, and award the contract to the next in line for the award under the original solicitation. February 16, 2021 the contracting officer awarded the sensitive document destruction procurement to the second in line for the award, contract number is 36C24221D0063. The Contracting Officer received a size and status protest from another interested party. The awardee (Petitioner) filed a Petition for Reconsideration (PFR) of the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) decision in CVE Protest. In that decision, OHA sustained the underlying protest and found that Petitioner is not an eligible Service-Disabled Veteran-Owned Small Business for the subject procurement.

As a result of the SBA and OHA decision, NCO 2 must terminate current contract. A new requirement for destruction container collection and removal services will be competitively procured; however, the termination of this contract created an urgent and unplanned need to continue services. NCO 2 has determined the nature of the services do not allow for a stay of performance. The New York Harbor Healthcare System has a continual need for the destruction container collection and removal services. New York Harbor Healthcare System currently has no sensitive document destruction services as mandated and required by the VA in accordance with HIPAA standards and VA Directive 6371 dated April 8, 2014. Without appropriate coverage the facilities are at a high risk of compromised Veteran and staff personal identifying information to include medical information, which will impact public trust and violate HIPAA and privacy mandates.

OFOC SOP Revision 11 Page 3 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

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

This action is to fulfill an immediate need to continue the sensitive document destruction services.

A procurement package is actively being processed by New York Harbor Healthcare System with an expected award date of October 1, 2022. This should allow ample time for phase in phase out to remove the old bins and replace them with the new bins should a different vendor be utilized.

The Government will be able to procure a long-term contract through competitive processes.

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

The Contracting Officer will determine the fair and reasonableness of the proposed prices through a comparison of those prices to the Independent Government Estimate, market research, and other available price analysis techniques in accordance with FAR 13.106-3(a)(2).

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

NCO 2 conducts ongoing market research for sensitive document destruction services to fulfill the needs for New York Harbor Healthcare System. There was a competitive SDVOSB set-aside procurement for sensitive document destruction services. Contract number 36C24221D0063 was awarded on December 8, 2020, which was protested for size eligibility to U.S. Small Business Administration (SBA), who determined that the awardee is found to be “other than a small business concern” and not eligible for award. As such, contract 36C24221D0063 must be terminated, which will create a gap in services. This sensitive document destruction services contract is to bridge the gap in services.

November 17, 2021 NCO 2 intends to award a sole source contract for sensitive document destruction services to a Service-Disabled Veteran Owned Small Business (SDVOSB), Utilizing Veterans First Contracting Program as required by 38 U.S. Code § 8127(c); as implemented by VA Acquisition Regulation (VAAR) 819.7001(c) with guidance from revised Procurement Policy Memorandum (2016-05) (Revised Aug 2018). The SDVOSB’s quote was determined to be acceptable; however, the price was found to be unreasonable.

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

The Department of Veterans Affairs (VA), Bronx, New York issued solicitation 36C24221Q0092 as a Service-Disabled Veteran Owned Small Business (SDVOSB) set aside to procure Sensitive Document Destruction Container Collection and Removal Services, Seven offers were received, one bid was received late and was not conceded for evaluation. three lowest bids were conceded acceptable;

however all the offerors were relying on subcontractor who are not SDVOSB, also could not perform in compliance with 852.219-74 Limitations on Subcontracting. The other three bids were outlandishly overpriced. The Government did not have any viable alternative sole source options.

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

Griffin Resources LLC 2876 NE Diamond Lake BLVD Roseburg, OR 97470

OFOC SOP Revision 11 Page 4 of 4 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

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:

This procurement will result in a 6-month base period contract with two (2) 3 months option periods to fulfill an immediate need. Subsequently, the Government will be able to procure a long-term contract through competitive processes.

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.

Date

_____________________________ Name:

Michael Taylor Title: Assistant Chief, EMS Facility: New York Harbor 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.

Name: Safa Shleiwet

Date

Title: Contracting Officer, Services II Facility: NCO 2

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.

Name: Rachel Beason Date

Branch Chief, Services II Facility: NCO 2

Rachel A. Beason 966443 Digitally signed by Rachel A. Beason 966443 Date: 2021.12.23 08:45:28 -05'00'

SAFA S.

SHLEIWET 336871

Digitally signed by SAFA S.

SHLEIWET 336871

Date: 2021.12.23 09:04:02 -05'00'