Waterline Repair_Atch1_FAR6_JA_IAW_VAAR_819.7008.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 Revision: 03 Effective Date: 06/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C241-24-AP-5223

1. Contracting Activity: Department of Veterans Affairs, VISN 01, Bedford VAMC has an emergency requirement for Bldg. #1 Fire Hydrant & Bldg. #6 Waterline Repair. This solicitation is assigned to NCO 1, Division 2, Construction Branch 1. The Funding Requisition Number (VA Form 2237) is 518- 25-1-4940-0001.

2. Nature and/or Description of the Action Being Approved: During the flushing of water lines on

Wednesday October 23rd by the safety hydrant flushing contractor a water hammer occurred in the system that caused a leak near the hydrant in front of Bldg. #1 and Bldg. #6. The location near the hydrant has been ponding water since this flushing operation. This project will require the mobilization of an excavator, dump truck, trench box and a waterline crew of a least one foreman and two laborers to repair the leak and perform site restoration. This is a new required identified to

Contracting Activity on October 30th, 2024, when persistent ponding and was realized and determined to be an immediate safety concern. This requirement will be awarded as a Firm-Fixed

Price Construction Purchase Order under Solicitation RFQ 36C24125Q0063.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The scope of work includes the following tasks:

1. Repair water line near hydrant in front of Bldg. #1.

a. Remove and replace 10 lf of pipe

b. Remove and replace hydrant Tee

c. Pipe connection shall be solid sleeve coupling or approved equal.

d. Loam & Seed

2. Repair water line in road @ Bldg. #6

a. Remove and Replace 10lf of pipe.

b. Remove, Dispose, and repave patch in location shown in Bldg. #6 Repair drawing.

c. Pipe connection shall be solid sleeve coupling or approved equal.

3. Contract will perform GPR on the grass between the flagpole and the roadway to the south in the grass area as shown in the Bldg. #1 repair drawing. This GPR will be in CAD & PDF format.

The IGCE for this requirement is $96,696.00. The performance period for this work is 5 working days scheduled as soon as possible from emergency NTP.

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

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 3

Effective Date: 06/15/2024 the non-competitive (sole source) procedures authorized in VAAR 819.7008 (DEVIATION) or VAAR

819.7009 (DEVIATION) up to $5,000,000. Check the specific VAAR clause used below:

(X) 819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a certified 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):

Authority given to Contracting Officer’s allows sole source awards to SDVOSB/VOSB based on 38 U.S.C. 8127(c). The SDVOSB concern, VDC, has been determined to be a responsible source with respect to performance and capacity. Additionally, the Contracting Officer has ensured VDC meets eligibility requirements in VAAR 819.7003(DEVIATION).

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:

The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer. To ensure that opportunities are available to the broadest number of certified SDVOSBs, this authority is to be used judiciously and only when in the best interest of the Government. The Contracting Officer determined it is in the best interest of the government to award this emergency project to a company that can begin the work immediately at the time of award, as this safety concern could significantly reduce water flow during a fire emergency, potentially hindering emergency response efforts. VDC is already mobilized at the campus and confirmed the ability to begin work immediately. Additionally, VDC’s PM, Nick Biello, was the original installer of this hydrant and is familiar with the location. Therefore, considering the unusual and compelling urgency of this requirement, and the justifications listed herein, the CO has determined a sole source is in the best interest of the government to promptly remediate this safety concern. An award notice synopsizing the requirement and the justification pursuant to FAR 6.302- 5(c)(2)(ii) will be posted in accordance with FAR Part 5.

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

Reasonable: Price reasonableness will be determined via comparison to the IGCE, technical evaluation, and comparison to historical prices on previously awarded contracts for similar services listed on FPDS-NG and eCMS.

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

Market Research Was Not Conducted: Results of market research conducted pursuant to FAR Part 10, VAAR Part 810 and VHAPG Part 810.001 supported the determination that VDC meets the eligibility criteria outlined in VAAR 819.7003(DEVIATION), they are certified in VetCert and the action is below the $5M threshold.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. As previously stated, the authority which allows sole source awards to SDVOSB/VOSB is based on 38 U.S.C.

8127(c) and that the SDVOSB concern has been determined to be a responsible source with respect https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202 https://www.acquisition.gov/far/part-10 https://www.acquisition.gov/far/part-10 https://www.va.gov/oal/library/vaar/vaar810.asp https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/VHAPG_Part_810.001.aspx https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://veterans.certify.sba.gov/

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3

Effective Date: 06/15/2024 to performance. Additionally, VDC Inc. does meet eligibility requirements IAW VAAR

19.7003(DEVIATION).

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None were obtained.

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: No actions are planned. This is not expected to be a recurring requirement.

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.

_____________________________ ___11/1/2024________________ Robert Mccusker Date Engineer Bedford VAMC

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.

_____________________________ ___11/1/2024______________ Paige Pearson Date Contracting Officer

NCO 1

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx