Sole Source JA_Redacted.pdf

OFOC SOP Revision 10 Page 1 of 3 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:

1. Contracting Activity: Department of Veterans Affairs, VISN 21, 5342 Dudley Blvd., Bldg. 209

McClellan, CA 95652. Network Contracting Office (NCO) 21 is responsible for the proposed action.

PR# .

2. Nature and/or Description of the Action Being Processed: The proposed sole source contract is for a artificial grass system for the Western Shelter for the VA Northern California Health Care System located at Mather and Martinez, CA. NCO 21 intends to issue a new Firm-Fixed price contract under NAICS 238190 to complete the work outlined in the Statement of Work and specificatations provided.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The contractor shall complete all site prep, drainage, installation requirements with the reviewed and approved shop drawings with manufacturers approval to meet all manufacturers requirements and recommendations for installation of the artificial grass. The estimated cost of this project is $ with no options anticipated. The period of performance for this acquisition will be 90 days after notice to proceed.

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;

( ) (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):

U.S.C. 253(c)(5), as implemented by FAR 6.302-5,”Authorized or Required by Statue.” FAR 6.302-5 allows for the procurement of items through other than full and open competition when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source, or the agency’s need is for a brand name commercial for authorized resale. VAAR Per 38 U.S.C. 8127B and VAAR 819.7007 “A contracting officer may award a contract to a verified SDVOSB concern using procedures other than competitive procedures provided:

(1) The anticipated award price of the contract (including options) will not exceed $5 million;

OFOC SOP Revision 10 Page 2 of 3 Original Date: 03/22/11 Revision 10 Date: 09/10/2020

(2) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.301(d);

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and

(4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government.

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

A similar requirement was solicited and awarded to a SDVOSB for the Mather, CA location. To ensure a uniform appearance, it is recommended to award to the same contractor for the Mather and Martinez projects.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: An independent government estimate has been prepared and will be compared to the contractor’s proposal during the evaluation process, in accordance with FAR 15.805-2(e).

Market Research was conducted to determine price reasonableness, as this is a sole source procurement the primary reason for market research is to ensure the cost to the government is fair and reasonable. Certified cost and pricing data are not required for this acquisition, however, other than certified cost and pricing data will be requested if necessary.

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

Market Research Was Not Conducted:

Market research was conducted for the purpose of determining price reasonableness. The contractor is responsible to complete all site prep, drainage, installation requirements with the reviewed and approved shop drawings with manufacturers approval to meet all manufacturers requirements and recommendations for installation of the artificial grass. During market research , it was identified that the contractor had preformed a similar project for the Mather, CA location and the price was found fair and reasonable. Market research was conducted in accordance with FAR 10.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There is a desire for a uniformed and standardized appearance throughout all VANCHCS Facilities. To ensure this a sole source award will be made to the contractor who installed the artificial grass at the Mather VAMC.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None, see section 6

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: By the citations above, the Contracting Officer will solicit only the one SDVOSB for a proposal.

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.