Redacted JA for Posting.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C246-25-AP-0306

1. Contracting Activity: Department of Veterans Affairs, VISN 06, Hampton VA Medical

Center, 100 Emancipation Drive, Hampton, VA 23667.

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

This is an Emergency Procurement for the preservation of government physical assets and ensuring that specialty clinics can continue their operations. As a direct result of the impact of

Hurricane Hellene, approximately 12,000 square feet, has been vacated and deemed unserviceable due to extensive water damage. The water damage must be immediately addressed avoid the possibility of mold growth and costly mold remediation. The following outpatient units were displaced and are currently operating at reduced capacity until the repairs are completed: anticoagulation, dermatology, endocrine/diabetes, anemia, gastroenterology, infectious disease, metabolic bone, neurology, nutrition, ostomy care, renal, rheumatology, and wound care. This disruption caused by Hurrican Helene has created and urgent need to facilitate veterans’ medical appointments preventing any backlog or delays in services that could adversely affect the well-being of our veterans. By addressing these issues promptly, the

VA can maintain the quality of service that our veterans deserve and ensure their access to necessary medical treatments without proloned interruption. This project will be awarded as a firm-fixed price contract.

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

On Friday September 27, 2024 the Asheville VA Medical Center was struck by Hurricane

Helene. At the time the normal power feeding the air handlers for the 1 West Specialty Clinics at the Charles George VAMC was lost due to effects from the storm. 1 West air handlers are not covered by emergency generators and were w/o power for 7 days. When normal powerreturned to the facility on Thursday 10/3/24 the air handlers feeding the 1 West Clinic malfunctioned due to the power surge and defaulted to full heat, heating the area. The heat and relative humidity after 7 days of the space not being conditioned resulted insignficant condensation which caused water damage to ceiling tiles, HVAC ductuct insulation, drywall and doors. No personnel entered the space until Monday 10/7/24. The personnel assigned to the area did not return to work until Monday 10/7. Maintenance personnel were addressing other issues in the facility and had no need to check on the space before Monday 10/7.

Contractor will have to demolish and repair all water damaged material. Acoustic tile needs to be replaced in the entire area. Drywall along walls needs to be removed, replaced, and repainted four feet up from the floor (approximately 1750 square feet). Approximately 350 square feet of drywall from the ceiling needs to be removed, replaced and painted. If painting in an area is required, the entire wall or area must be painted. Flex duct from the diffuser to the hard duct needs to be replaced, approx. 600 linear feet ranging from 6” to 10”, match existing. Insulation around the hard duct needs to be replaced, approx. 2,600 square feet of insulation. Three doors

(2 standard and one 45-minute fire) need to be removed and replaced including hardware, locksets and closures. Works will include, but not be limited to, the following:

1. Surveying of all areas within 1 West Clinic where work will be performed before commencing work on the project.

2. Demolition, dry-out, and remediation necessary to remove, prevent & protect from any mold growth throughout the building..

3. Construct all spaces using current VA standards and standards specific to the site.Demolition, dry-out, and remediation necessary to remove, prevent & protect from any mold growth throughout the building.

4. Paint colors and finishes that are approved by the VA

Anticipated award date will be on or before November 01, 2024. The Estimated value of this

Emergency Procurement is approximately $XXXXXX with a 75 day projected completion date.

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

(X) (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):

Contego Environmental LLC is a certified Service Disable Veteran Owned Small Business that possess the capabilities to immediately mobilize to respond to this emergent need. Contego is a qualified established contractor that specializes in managing government contracts for the

Department of Veteran Affairs and the Department of Defense. Contego operates within

NAICS code 236220. Contego has stated their ability to travel to the work site each day without putting a strain on Asheville lodging due to Hurricane Helene. The Contractor was contacted for a proposal and assessment in which they immediately reported to the site and swiftly prepared & submitted a proposal. Contego is able to complete the project within a 75 day time frame posed by the VA.

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:

None. FAR 5.202(a)(2) This is an emergency requirement for the preservation of Government

Property (building) from suffering further degradation. Any additional delay for standard acquisition practices would result in additional financial detriment to the US Government and https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202 its associated taxpayers as well as additional delays in restoring this building to its operational status.

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

Reasonable: The Contracting Officer anticipates that a fair and reasonable price that represents the overall best value to the government shall be obtained prior to any subsequent contract award.

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

Reasons Market Research Was Not Conducted:

The Contract Specialist reviewed the SOW and searched the Web for NAICS codes that fit the description along with the technical expert of the customer. With the informed information CS went to NAICS.com to search for the industry code listing Commercial Building General

Contractors. NAICS code 236220 (Commercial and Institutional Building Construction) with a PSC cross reference of C212 (Architect and Engineering) was chosen. Due to this project being an emergency, a SDVOSB with the capabilities and the qualifications for award without putting lodging constraints on the locality will be utilized for this request. via email seeking interest in the solicitation process. On October 21, 2024, CS contacted Marcus Deme with

Contego Environmental LLC via phone to see if Contego was interested and could provide a proposal. Marcus Deme expressed Contego’s interest in the project without causing a constraint on the local area lodging. Contego committed to a site visit 8am to 9am October 21, 2024, in preparation of providing a proposal. SBA.gov was used to chart the small business size standard of $45.0 million and to ensure Contego Environmental LLC was a certified

Service-Disabled Veteran Owned Small Businesses (SDVOSB). SAM.gov was utilized to ensure Contego Environmental LLC is debarred and operating within the small business category.

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

None. This is an emergency requirement for the preservation of Government Property

(building) from suffering further degradation and maintaining the quality of service that our veterans deserve while ensuring their access to necessary medical treatments without interruption.. Any additional delay for standard acquisition practices would result in additional financial detriment to the US Government and its associated taxpayers as well as additional delays in restoring this building to full operational capacity to service our veterans.

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

Contego Environmental LLC

P.O. Box 190

Jasper, TN 37347

(423) 523-2650

Verified SDVOSB

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.

Date

Healthcare Engineer

Asheville VA Medical Center

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.

Date

Contracting Officer

Network Contracting Office 06 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx