PM_Part806.3_Atch5_FAR6_JA_OVER_SAT Final.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 11 Page 1 of 3 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: 36C262-21-AP-5713

1. Contracting Activity: Department of Veterans Affairs, VISN 22, NCO 22G

2237: 605-21-4-6012-0792

2. Nature and/or Description of the Action Being Processed: This action will be awarded as a new, Firm-Fixed Price Contract. Loma Linda VA Health Care Center (LLVAHCS) requires immediate replacement of existing fire pump which has a crack in the impeller and no automatic transfer switch (ATS) per NFPA 20 & 70, ATS is required and needs to be on emergency power back up per NFPA, Safety Officer, and per GEMS Program Manager.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The purpose of this contract is to provide replacement of the fire pump and automatic transfer switch and all work completed will be in compliance with Federal, State, Local laws, and rules and VA regulations and specifications. Total Cost: $531,348.00. The period of performance for the pump replacement is 28 weeks.

4. Statutory Authority Permitting Other than Full and Open Competition: Unusual and Compelling

Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2.

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Loma Linda VA Healthcare Center (LLVAHCS) requires immediate replacement of existing fire pump and addition of ATS and emergency power back up. This is an urgent and compelling need of the facility to preclude impairment of healthcare delivery capabilities, and deliver a high standard of care for patients.

Failure to address this requirement in a timely manner risks the safety of patients and staff.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: D Square Construction, LLC, a local SDVOSB currently performing satisfactory work for the requiring facility was contacted in order to request a proposal for the required work.

Due to the urgent and compelling nature of this acquisition, a proposal was requested immediately and no additional solicitation was practicable.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The proposed pricing was found to be fair and reasonable based on a comparison of proposed prices with independent Government estimates developed by the facility. The steps taken to ensure the final contract price is fair and reasonable include price analysis and technical evaluation.

OFOC SOP Revision 11 Page 2 of 3

Revision 11 Date: 02/11/2021

8. Description of the Market Research Conducted: Due to the urgency of this acquisition, a limited, informal query was conducted of the Federal Procurement Data System (FPDS-NG), System of Award Management (SAM), as well as Vetbiz.va.gov for potential sources.

The Independent Government Estimate (IGE) referenced one vendor with estimated pricing based on previous acquisition history for the similar services.

Due to the urgency, and stressed timeline of the requirements, D Square Construction, LLC provided written interest in fulfilling this requirement, and pricing-specific information. This pricing was compared to the IGE, as well as historical acquisition pricing in FPDS-NG, and was determined fair and reasonable.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: D Square Construction, LLC is an SDVOSB with adequate financial resources to perform the contract, or the ability to obtain them, per FAR 9.104-3(a). The vendor has adequate financial resources to perform the contract with minimal risk to the government, and are financially capable to perform the services in accordance with the Statement of Work and performance schedule. Furthermore, the contractor has successfully completed similar requirements for urgent work for similar projects with other VA medical centers and commercial entities on previous acquisitions.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No other contractors were contacted or expressed interest in the acquisition.

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:

Continued market research efforts for Service Disabled Veteran Owned Firms capable of quick execution for similar services in future acquisitions.

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.

Brandon Elder Date Project Manager Facility: LLVAHCS

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.

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

OFOC SOP Revision 11 Page 3 of 3

Revision 11 Date: 02/11/2021

Julie Kocinski Date Contracting Officer

NCO 22G

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.

Hollie A. Hansen Date Branch Chief Construction Team 1 / Division I Chief

NCO 22G