PM_Part819.7007-7008_Atch1_FAR6_JA_OVER_SAT.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

VHAPM Part 819.7007/7008 Page 1 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 04/03/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-21-AP-1839.

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 2, in support of Department of Veterans Affairs, VISN 02, James J. Peters VA Medical Center , 130 West Kingsbridge Road, Bronx NY 10468 submitted purchase request number 526-21-3-630-0228 to Network Contracting Office (NCO) 2.

2. Nature and/or Description of the Action Being Approved: James J. Peters VA Medical Center requires a new, short term contract for trash removal and recycling services. The VA intends to enter a firm fixed price contract for a period of three months base period plus 3- three-month options period with IT4MG, LLC which is a service disable veteran owned small business (SDVOSB).

Contractor to provide trash removal and recycling services at James J. Peters VA Medical Center. The services shall include the collection and disposal of the waste in compliance with all Federal, State, and Local regulations.

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

The James J. Peters VAMC is seeking to provide for the requirement of performing trash removal that occurs 3 times a week at the Medical Center in Bronx, New York. Estimated tonnage is 1,169 tons per year.

The period of performance is three months base plus 3 three-month options period in the amount of $330,767.04

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 819.7007 or 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

(X ) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified 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

On March 25, 2021 the Small Business Administration (SBA) has determined that current vendor is found to be other-than-small with a size standard of $41.5 million.

As a result of the SBA decision, the VA must terminate current contract. A new requirement for trash removal and recycling services will be Competitively procured, however the termination of this contract created an urgent and unplanned need to continue services. The VA has determined the nature of the services do not allow for a stay of performance. James J. Peter VA Medical Center has a continual need for trash removal and recycling services as mandated and required by VA in

VHAPM Part 819.7007/7008 Page 2 of 4

Revision 03 Eff Date: 04/03/2020 accordance with VHA directive rescinds the stated requirements of VHA Manual M-1, Part VII, Chapter 14, Waste Management Program.

Without appropriate coverage the facility is at a high risk are at high risk and may detrimentally affect public health, the environment, and healthcare operations such as sanitation, pest management, safety, and security. The reduction of waste generated through product substitution and diversion of waste through recycling and reusing products will contribute to an effective pollution prevention program.

It is in the best interest of the Government to sole source this bridge contract to IT4MG, LLC. utilize the 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, a sole source awards to SDVOSB based on 38 U.S.C. 8127(c). IT4MG, LLC has been determined to be a responsible source with respect to performance. And IT4MG, LLC meets eligibility requirements in 819.7003.

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 subpart

5.2 and, if not, which exception under 5.202 applies:

There were no efforts made to solicit other potential sources for this procurement action. A funded requirement will be provided to seek a new long-term award. A competitive solicitation will be accomplished during this procurement period, allowing sufficient time to conduct market research, evaluations, pre-award reviews, and phase-in activities to begin services under a new contract;

therefore, services shall continue to be provided IT4MG, LLC, 9 Cedar Drive, Sterling, VA 20164.

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

Reasonable:

The previous contract price was $74,729.00 for three months. The three months proposed price is $82,751.76, which is 11.5% more. Based on this, it is determined to be fair and reasonable.

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

Market research was not performed for this urgent bridge contract; however, the below market research was performed to set the original solicitation aside for small business.

A search on the U.S. Department of Veteran Affairs (VetBiz) website utilizing NAICS 562111 showed 143 matches, to narrow down, the CO searched using NAICS 562111 and the key word (Trash) showed 5 matches. Another search using NAICS Code 562111 and Keyword (Garbage) showed 1 match. On July 1, 2020 the source sought email was issued to SDVOSB and VOSB the notice received zero responses.

A search was completed on the Small Business Administration (Dynamic Small Business) website using NAICS 562111 that showed 2,369 matching profiles. An additional search, using the NAICS 56211 and key word (trash), resulted in 153 matches and a keyword (garbage) resulted in 75 matching profiles. On June July 1, 2020 the source sought email was issued to small business; the notice received 1 SB and 1 8(a) response can provide the trash Collection Services.

https://www.acquisition.gov/content/part-5-publicizing-contract-actions https://www.acquisition.gov/content/part-5-publicizing-contract-actions https://www.acquisition.gov/content/part-5-publicizing-contract-actions

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Revision 03 Eff Date: 04/03/2020

A source sought was posted in GSA eBuy (RFQ1439905) on July 1, 2020, 398 vendors were notified using Categories 03FAC, MAS, and 00CORP; the notice received 20 no quote response. The Contracting Officer sought GSA professional assistance to help research this requirement. A request for information using Consolidated MAS SIN 561210FAC on June 24, 2020, the notice received I SB and 1 WOSB response can provide the trash Collection Services.

A source sought notification was posted on Contract Opportunities (beta SAM) solicitation Number:

36C24220Q0837 on July 2, 2020, the notice received 1 response from 1SDVOSB, 1 SB and 1 WOSB.

The New York Harbor VA Medical Center had awarded an IDIQ contract number 36C24221D0012 for a similar trash removal and recycling services, to IT4MG, LLC a service disable veteran owned small business (SDVODB).

Based on the above information, the following source is qualified to fulfill this requirement:

IT4MG, LLC.

9 Cedar Drive Sterling, VA 20164

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:

The agency is preparing to procure a long -term requirement, with anticipated award during the fourth quarter of 2021. In the interim, and based on the information above, this procurement is necessary. Given the unique circumstances, there are no actions the agency could take to remove barriers to competition.

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.

Annette Lopez Date Hospital Housekeeping Officer James J. Peters VA Medical Center

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

https://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx

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Revision 03 Eff Date: 04/03/2020

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.

Safa Shleiwet Date

Contracting Officer VA Network Contracting Office 2

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Brimmer, Cheryl Date Division Chief of Contracting NCO2 VA Network Contracting Office 2