Sole Source Justification.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

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

Statutory Authority Permitting Other than Full and Open Competition:

(X ) (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;( )

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;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

WBRC Architects Engineers is the Architect of record, who developed and prepared the full plans and specifications for Project 650-332, New Mental Health Building – Phase I. These plans and specifications will be used to solicit and award the construction contract to accomplish the actual work. Phase I of this project will be going out for construction while Phase II is being design .

Phase II is a continuation of the Phase I building design. The intent of this sole source procurement is to have the same architect who initially prepared the plans and specifications of Phase I to provide the follow-on design period services for Phase II which will involve the direction from W to interpret and provide decision on the intent of their contract drawings. WBRC will be performing Type C services for Phase I construction. With this firsthand knowledge, all problems encountered in Phase I construction can be directly incorporated into the Phase II design. Furthermore, because Phase II ties into all the utilities and structural members of the Phase I building, WBRC is uniquely qualified and will not have to spend additional efforts to investigate what was designed and constructed in Phase I. WBRC has an established history of successfully completing projects on the Providence VA campus. It is in the best interest of the Government to utilize the same Architect firm who designed the project to not incur additional costs.

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

Not applicable. No Sources Sought Synopsis was published.

No other actions are planned for this acquisition.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

The cost of the overall project being completed by a single sole-source Architectural/Engineering firm (WBRC) is expected to be significantly less than using a separate Architectural/Engineering firm.

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

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

The cost of having a separate Architectural/Engineering firm will be greater as more time and research will need to be accounted for as they would not have designed the Phase I building. By having first-hand experience and knowledge with the building designed and constructed in Phase I, WBRC will not need additional funding for researching the existing conditions. The site conditions are very complex due to the building being built into the slope, and WBRC already has knowledge and experience with this difficulty. Another Architectural/Engineering firm would need to perform a geotechnical study and additional time and money to investigate and perform their own study .

The Providence VAMC has had a number of projects designed by WBRC. WBRC has had a history of fair and reasonable pricing and has the integrity to continue doing so. Furthermore, the Providence VAMC Staff has extensive experience in similar projects and can/will negotiate pricing that does not appear to be fair and reasonable.

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

Market Research was conducted this requirement has New Mental Health Building - Phase I construction documents that are proprietary to the AE. The existing documents would not be able to be modified by another AE firm.

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

The design of this Phase II project will be performed while Phase I will be under construction. WBRC will be performing Type C (Construction Type Services) for design for Phase I. Type C Services are primarily provided by the same AE who designed and developed the plans and specifications maintaining the knowledge, experience and skill set working with project from the developmental stage. All variances from the original design of the Phase I project can be directly incorporated into this Phase II design project without delay. This will help to eliminate potential errors and omissions found during Construction. Errors and omissions often delay construction and increase cost to the Government. W maintains the past historical information with familiarity to support the Type C Services needed for the construction phase of the project.

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

Not applicable. No solicitation was published.

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 construction of the New Mental Health Building – Phase II is unique due to the site location. The slope is very steep and the building will be constructed directly into the slope. Extensive research must be performed to ensure a safe and complete project to be completed within budget. Design would also have to take into account how the existing building constructed in Phase I will interact with both the slope due to the additional load produced by the building to be constructed in Phase

Additionally, all variances from the design to construction of the Phase I building must be immediately incorporated into the design of the Phase II building to ensure continuity and to produce a safe and reliable complete building.

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 10 Page 4 of Original Date: 03/22/11 Revision 10 Date: 09/10/2020

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.

Name Date Title Facility

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.

Name Date Title Facility

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

Name Date NCO/PCO XX Duty Title

Facility

Michael LeBeau Chief Engineer Providence VAMC

28 SEPT 2020

Michael LeBeau 171271

Digitally signed by Michael LeBeau 171271 Date: 2020.09.28 13:24:46 -04'00'

KARLA K.

ROTONDO

223339

Digitally signed by KARLA

K. ROTONDO 223339

Date: 2020.09.29 08:39:01 -04'00'

David C. Gabrysiak 272636

Digitally signed by David C.

Gabrysiak 272636 Date: 2020.10.02 08:48:12 -04'00'