Sole Source Justification 36C24225C0061.pdf

Justification and Approval Notice

*= Required Field Justification and Approval Notice

SUBJECT* Emergency Sewer Line Repair

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 12208-3410

SOLICITATION NUMBER* 36C24225R0085

DELIVERY/TASK ORDER NUMBER 36C24225C0061

BASE NOTICE TYPE

ARCHIVE 30 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

PRODUCT SERVICE CODE* Y1ND

NAICS CODE* 236220

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs

Samuel S . Stratton VA Medical Center

113 Holland Avenue (2-90NCA)

Albany NY 12208-3410

POINT OF CONTACT*

Dayna Dickson-Miller

Contracting Officer

Dayna.Dickson-Miller@va.gov

518-626-6649

AWARD INFORMATION

STATUTORY AUTHORITY* FAR 6.302-2 - Unusual and compelling urgency

AWARD NUMBER* 36C24225C0061

MODIFICATION NUMBER

AWARD AMOUNT* $477,870.00

LINE ITEM NUMBER

AWARD DATE (MM-DD-YYYY)* 05-27-2025

AWARDEE NAME*

CONTRACTOR’S UEI

AMERICAN VETERAN CONSTRUCTION CORP.

Q6SMWAFUFDL7

AWARDEE ADDRESS LINE 1*

AWARDEE ADDRESS LINE 2*

AWARDEE ADDRESS LINE 3* 26 WILSON AVE

AWARDEE ADDRESS LINE 4*

AWARDEE CITY WOODLAND PARK

AWARDEE STATE NJ

AWARDEE ZIP CODE 07424

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov

URL DESCRIPTION Department of Veteran Affairs

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

See page 4: FAR 6.302-2 Unusual and Compelling Urgency – Emergency Sewer Line Repair.

VHAPG Part 806.3 OFOC Page 4 of 7 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C242-25-AP-3091

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-25-AP-3091

1. Contracting Activity:

Department of Veterans Affairs, VISN 02, 561 Medical Center 151 Knollcroft Rd Lyons, NJ 07939.

2237: 561-25-3-5101-0050.

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

The scope of this emergency procurement is to get the sewer, steam and condensate lines repaired at the Lyons VA Medical Center. On May 9, 2025, the VA Medical Center was notified that the sewer line had a leak and was causing it to overflow into the storm water system. In addition to the sewer line, a leak was also found in the steam and condensate line which runs parallel to the sewer line. The State Department stated that the Medical Center was in violation and needed to have these repairs fixed immediately. The lines were obstructed by debris and required high pressure hydro jetting and vacuuming to see where the leaks were. American Veteran Construction Corp. was able to provide the clearing of this debris right away and by 12am on May 10, 2025, the Medical Center was able to keep the storm water system clear by digging near the sewer line and diverting the sewer into a nearby manhole. This procurement requires the repair of the sewer, steam and condensate lines along with connect the lines to existing systems and manholes, provide shoring and fencing as required, provide pump station, hoses, materials to temporally divert the sanitary waste to another location during construction and repairing all areas of landscape that has been damage.

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

The total estimated value of this acquisition is $477,870.00. It is $16,370.00 to clear approximately 13 yards of the lines using a hydro jet and vacuum. It is $149,500.00 to excavate approximately 50’ to expose exiting steam and condensate lines, backfill all trenches with re-used dirt and compact the excavated areas to grade, and restore the disturbed grass by placing topsoil and seed. It is $312,000.00 to provide pump station, hoses and materials to temporally divert the sanitary waste to another location during construction.

Provide shoring and fencing as required, excavate and place ¾” clean stone trench bedding, connect the newly installed pipe into existing sewer system and manholes.

VHAPG Part 806.3 OFOC Page 5 of 7

Acquisition ID#: 36C242-25-AP-3091

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

(X) (2) 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):

The sole source award has been made to American Veteran Construction Corp., a SDVOSB based on the requirement in VAAR 819.7008 and under FAR authority 6.302-2 Unusual and Compelling Urgency. American Veteran Construction Corp. is a responsible source that has knowledge and experience working on sewer, steam and condensate lines that are located underground. They are currently on site working on another project which they are familiar with the Lyons VA Campus. All workers have already received their PIV badges and are familiar with the VA staff of engineers. American Veteran Construction Corp. were able to locate the cracks in the lines almost immediately and stated they could fix all the lines within 60 days of award. The state department of New Jersey was notified of these cracks and have notified the medical center that if these repairs are not done immediately, they would face extensive fines.

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

This emergency sewer, steam and condensate line repair is being done under FAR 6.302-2 Unusual and Compelling Urgency. The state of New Jersey was notified that the lines at the Lyons VA Medical Center had cracks in them causing them to be out of code with the state department. The Medical Center needs to have this fixed immediately in order to not be fined by the state. A sources sought notice was not issued for this project. American Veteran Construction Corp. was already on site working on another project when these pipes broke.

They were able to immediately to clear the lines and find where the leaks were. They are able to repair these lines in under 60 days.

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

Reasonable:

The price provided for this emergency work was deemed fair and reasonable. Historical projects, including another sewer line replacement project was reviewed and showed fair pricing. Engineering also reviewed pricing to ensure it was fair and reasonable and sent their approval of the quote.

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

VHAPG Part 806.3 OFOC Page 6 of 7

Acquisition ID#: 36C242-25-AP-3091

Under the authority of FAR 6.302-2 Unusual and Compelling Urgency, market research was not conducted because this is an emergency project to repair the sewer, steam and condensate lines to the Lyons VA Medical Center. American Veteran Construction Corp. is an SDVOSB with inherent knowledge of the existing lines and their skillset and knowledge is crucial in repairing these lines with a quick turnaround time of 60 days.

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

Based on the requirements in VAAR 819.7008 and SDVOSB was selected for this emergency work on the sewer, steam and condensate lines. The sewer system is a critical infrastructure, and the work needed to get these lines working again is emergent under the authority of FAR 6.302-2 Unusual and Compelling Urgency. Currently the state of New Jersey is aware of the sewer line cracks and has notified the Medical Center to get these fixed immediately or they will face potential fines.

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

Multiple sources were not sought under the authority of FAR 6.302-2 Unusual and Compelling Urgency. This is an emergency project to repair the sewer, steam and condensate lines that has developed cracks in the lines and has caused immediate violations with the state of New Jersey.

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:

In the future, if the acquisition is not an emergency, the facility will send out a sources sought notice and ensure proper competition for work being completed. This sole source is being justified under the authority of FAR 6.302-2 Unusual and Compelling Urgency due to a critical need to maintain redundancy in critical sewer, steam and condensate line infrastructure at the facility.

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.

Patricia Bonilla Date Supervisor Healthcare Engineer Lyons VA Medical Center

VHAPG Part 806.3 OFOC Page 7 of 7

Acquisition ID#: 36C242-25-AP-3091

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

a. Contracting Officer Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Dayna Dickson-Miller Date Contracting Officer

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.

Christina Katz Date

NCO2 Branch Chief Construction 1, Division 2