K099--Notice of Intent to Sole Source Alter Elevators in Building 104 Alter elevators in order to reduce risk assessment.

1

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval For

Other Than Full and Open Competition

Contracting Activity: The activity for this requirement is the Department of Veteran Affairs Medical Center (VAMC), Lebanon VA Medical Center, Located at 1700, South Lincoln Ave, Lebanon, PA 17042. The contract is being administered by Network Contracting Office 4 (NC04). This is a Justification and Approval for Other Than Full and Open Competition Sole Source for Elevator Alterations.

Nature and/or Description of the Action Being Processed: This contract modifies recently installed elevators to increase door width and car depth. The doors of two elevators are not wide enough for our Bariatric patient beds which were purchased after the construction contract that installed the elevators was awarded. The cab of the third elevator is not deep enough for our beds which were purchased after the construction contract was awarded. Patient Safety has analyzed the existing conditions and determined that the current situation presents a Major Hazard to patient safety with a Risk Assessment Code of 5. The actions in this procurement package will drop the Risk Assessment Code to 3, allowing for use of the new Intensive Care Unit.

Description of Supplies/Services Required to Meet the Agency's Needs: Replacement of doors on two elevators and expansion of the cab on the third elevator in accordance with the Statement of Work, Specifications and Drawings.

Statutory Authority Permitting Other than Full and Open Competition: 41 USC §253(c)(1), as implemented by FAR 6.302-1.

() (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

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

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4

( ) (5) Authorized or Required by Statute FAR 6.302-5; ( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per 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): The proposed contractor, Reading Elevator, a WOSB, is our current elevator service contractor. Going to another contractor would not only jeopardize patient care but result in unacceptable delays in fulfilling our requirement to open the new Intensive Care Unit for bariatric patients as Reading Elevator already has the background and knowledge to modify the existing elevators and does not have to spend any time familiarizing themselves with the myriad of technical details of the elevators prior to ordering long lead time items.

In addition, Reading was the sub-contractor under the construction contract that installed the

elevators. Elevators are highly specialized equipment and awarding to a different contractor would result in duplication of costs that are not expected to be recovered via both the loss of warranty on the elevators and the additional work that a new firm would require to become familiar with the elevators and arrange for manufacture of the appropriate components.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The original construction contract was competed on FBO through a full and open SDVOSB solicitation.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: Based on the information above, it is hereby determined that this justification for sole sourcing of the elevator alterations to Reading Elevator is essential to the Government's requirements. The anticipated cost to the Government has been estimated based upon work performed during three construction contracts that were completed openly among SDVOSBs. It is anticipated that Reading Elevator will provide a price in line with those prices and that their price will not include extra familiarization, development and warranty costs and therefore will be Fair and Reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted during award of the elevator maintenance contract to Reading Elevator. In addition, the construction contractor that selected Reading as the sub-contractor for the elevators conducted a competitive process to pick their sub-contractors.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: We are unable to open our new ICU for patients until the elevators are altered. Awarding the contract to Reading provides the fastest path to opening the new ICU to bariatric patients and does not imperil the warranty on the elevators.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: See Section 6 above.

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: Future acquisitions of elevator maintenance contracts and for elevator alteration and repair contracts will be made thorough full and open competition similar to how our last elevator maintenance contract and elevator maintenance and repair ones were.

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.