PM_Part806.3_Atch5_FAR6_JA_OVER_SAT-redacted.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: 36C263-21-AP-5415

1. Contracting Activity: Department of Veterans Affairs, Network 23 Contracting Office (NCO 23), 4801 Veterans Drive, Saint Cloud, MN 56303

Organization Activity: Department of Veterans Affairs, NWI VA Health Care System, 4101 Woolworth Ave, Omaha, NE 68105.

2237 Number: 636-22-1-5058-0010

2. Nature and/or Description of the Action Being Processed: An emergency Firm-Fixed purchase order for two temporary chillers at the NWI VA Health Care System.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Two: 540 Ton Chillers with trailer with 100 feet of cable to include the following:

• Electrician Labor

• Equipment Installer

• 100 feet cable box

• 200 feet hose box

• Vic Tee

• 2MW Generator

• Generator Fuel Service

• Generator Preventative Maintenance

Period of Performance: 10/8/2021 to 12/24/2021

Estimated Cost: $REDACTED

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;

OFOC SOP Revision 11 Page 2 of 3

( ) (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): This is an emergency procurement for portable chillers. The NWI VA Health Care System currently is renting the Chillers.

This requirement is for two chillers with all the necessary connections to the chilled water supply and return lines as well as preventative maintenance. The equipment was not functioning, and patients are not able to receive necessary procedures and treatments. The Omaha VA attempted to troubleshoot mechanical deficiencies with an aged absorption chiller and could not get the unit started. Therefore N+1 could not be made for the surgery cooling and could not meet the HVAC design temperatures for the VA throughout the hospital. This is a critical system for patients at the VA Health Care System.

The vendor is a large business and the chillers are already at the NWI VA Health Care System, so therefore this vendor is able to provide the chillers.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The NWI VA Health Care System has the Chillers already in place with the vendor and it is not practical to seek full and open competition for the chillers at this time due to the extra cost the Government would endure.

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

Reasonable: A comparison will be made to the prices found reasonable on a previous purchase IAW FAR 13.106-3 (a)(2)(ii).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Trane US Inc provides the government with the greatest confidence that they can provide the emergent chillers in order to meet the VA’s Mission.

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: If in the future additional chillers are needed, the government will conduct market research to see if additional sources are available, and if additional sources can be found any future requirements will be competed.

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.

OFOC SOP Revision 11 Page 3 of 3

REDACTED_____________________ ________________________

Griffin Walsh Date M&O Supervisor NWI VA Health Care 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.

REDACTED_____________________ ________________________

Wendy Hoeschen Date Contracting Officer Network 23 Contracting Office

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.

REDACTED____________________ ________________________

Jameson Schwartz Date Branch Chief

Network 23 Contracting Office https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx