F103--Four 1500 Gal. Trucks and One 2000 Gal. Water Bladder Emergency

Effective Date: 11/15/24 Page 1 of 9

REVISION: 01

Acquisition ID#:

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C246-25-AP-1648

Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 6,

located at 100 Emancipation Drive, Hampton, VA 23667, in support of VISN 6 Richmond VA

Medical Center at 1201 Broad Rock Blvd., Richmond, VA 23249. Purchase request 483-25-2-5601-0015.

Nature and/or Description of the Action Being Processed: The Richmond VAMC is requesting a new firm-fixed-price emergency sole source award to Forever Clean Portable Toilets Inc. for five portable water trucks.

Description of Supplies/Services Required to Meet the Agency s Needs: The Richmond VAMC has experienced a water outage emergency and is in need of safe transportation and delivery of water for at least four days. The Contractor shall provide secure transport of water, 4 water trucks with driver and 1 water bladder along with equitable distribution to Richmond VA Medical Center, capable and equipped to run 25,000 gallons daily across all five vehicles. In addition, non-potable water must be pumped externally into the Boiler Plant until city water systems are properly restored. The estimated value of this contract is $344,000.00 with a period of performance 1/14/2025 1/19-2025.

Statutory Authority Permitting Restricted Competition:Â

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement.  Competition is restricted on this procurement for the reason below:

       ( x ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

       ( ) Unusual and Compelling Urgency

       ( )  Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services

       ( ) International Agreement

       ( ) Authorized or Required by Statute

       ( ) National Security

       ( ) Public Interest

Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The comprehensive services provided by Forever Clean Portable Toilets will provide the facility a safe source of potable water and pump non-potable water externally into the Boiler Plant until city water systems are properly restored. Forever Clean Portable Toilets has successfully completed numerous contracts for VISN 6 facilities in the past within stringent time constraints. Currently Forever Clean Portable Toilets, a small business, is the only firm capable of providing the necessary supplies and services described in Section 3 above in a timely manner, without the Veteran s Health Administration experiencing unacceptable or severe delays in fulfilling its requirements.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research conducted by searching VetCert, SBA DSBS, GSA database, NAC database, and FPDS. In addition, past procurement history was considered. These efforts,

based off the circumstances surrounding the procurement, did not yield any other sources that can meet the facilities need date. IAW FAR 5.201, this action will be synopsized at award on www.SAM.gov Contracting Opportunities section of the website and the justification will be made publicly available.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Price analysis will be performed and documented prior to award of the proposed

contract. The Contracting Officer will determine the proposed price to be fair and reasonable based

on a comparison of proposed prices with prices found reasonable on previous purchases.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: No market research beyond that mentioned in section 6 was conducted since it is essential that the hospital obtain emergency portable water service.

Any Other Facts Supporting the Use of Other than Full and Open Competition: None.

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Forever Clean Portable Toilets Inc 116 W Academy St Fuquay Varina NC 27526

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: None.

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

Program Manager

Richmond VAMC

Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Contracting Officer NCO 6

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.

_____________________________ ________________________

Name Date

Supply/Service Division Officer NCO 6 Awarded contract 36C24625P0510 to FOREVER CLEAN PORTABLE TOILETS INC for 344000.00000000 on 2025-01-10.