Emergency Fuel spill Cleanup Temple

Added: Oct 06, 2010 9:59 am DEPARTMENT OF VETERANS AFFAIRS



Justification and Approval



For



Other Than Full and Open Competition



ICO 674-10-4-5065-3192





1. Contracting Organization: Department of Veterans Affairs, VISN 17, Temple, Texas 76504



2. Description of Action: This is a request for other than full and open competition for the procurement of contractor for cleanup of diesel spill.



3. Description of Supplies or Services: Emergency services for containment and cleanup of fuel oil discharged at Temple VA Medical Center in area between the Boiler Plant, Bldg 58 and the main fuel farm. Further remediation and disposal of contaminated soil may be required to include final testing and clearance.



4. Statutory Authority:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements;

( X) (2) Unusual and Compelling Urgency; FAR 6.302-2

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability,

or Expert Services;

( ) (4) International Agreement

( ) (5) Authorized or Required by Statute;

( ) (6) National Security; or

( ) (7) Public Interest



5. Validity of Use of Statutory Authority: Delay of services would have caused much larger contamination area than what is currently identified.



6. Actions to Promote Competition: No effort was made to obtain competition. The services are not available from GSA schedules or from any other open market source due to the urgency uniqueness referenced in paragraph 9. In accordance with FAR 5.202 (a) (2) Exception to synopses of proposed actions due to urgent and compelling. Via P.L. 109-261 Veterans Administration (VA) and only VA is authorized to sole source to Service Disabled Veteran Owned Small Business (SDVOSB) up $5 million, without searching for two or more qualified firms, and to sole source to Veteran Owned Small Business (VOSB) if no qualified SDVOSBs are found.



7. Determination of Fair and Reasonable Price: Based on the foregoing conclusion, I hearby approve the above requirement services on other than full and open competition basis and urgent and compelling. Pursuant to authority of 41 U.S.C. 253 ( c ), subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition. I hereby determine that the anticipated cost for this contract will be determined to be fair and reasonable, derived from comparison to the independent government estimate.

8. Market Survey (FAR 10): Due to the urgency of completing this work it is imperative that this request be processed immediately. This is the only vendor in area that is able to handle emergency of this type and magnitude.



9. Other Considerations: There was no other plan to consider since diesel fuel was flowing into onsite lake, grounds and drainage ditches.



10. Listing of Sources that expressed, in writing, an interest in the acquisition:

No other authorized sources are available to meet the demands of the current request. See paragraph 6.



11. Requirements Certification: I certify that the requirement outlined in this justification is a bonafide 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.





_____________________________________________________



Richard Dill, Chief, Engineering Service Date



12. The containment and cleanup services do not require contractor to have access to any VA system or VA data.









13. Approvals in accordance with FAR 6.304





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



_____________________________ ________________________

Name, Title, Facility Date





b. NCM Review: I certify that the foregoing justification meets all of the statutory requirements for other than full and open competition.



___________________________ ___________________

Name Title, Facility Date







*Note. Per VAARs 806.304 and 806.501, the HCA will serve as the Contracting Activity Competition Advocate and exercise Approving Authority for all contracts over $500,000 but not exceeding $10 million.