RECOVERY Y--Implement Energy Conservation Measures, VA Montana Project 436-10-106

DEPARTMENT OF VETERANS AFFAIRS

VISN 19 Rocky Mountain Network

Consolidated Contracting Center

4100 E. Mississippi Avenue, Suite 610

Glendale, CO 80246





JUSTIFICATION AND APPROVAL (J&A) TO PROCURE

USING OTHER THAN FULL AND OPEN COMPETITION

(SDVOSB SET-ASIDE)





Upon the basis of the following justification, the use of other than full and open competition in the awarding of a firm fixed price contract for improvements at the VA Montana Health Care System, Fort Harrison, Montana and established pursuant to this competitive solicitation action is hereby approved pursuant to the authority of 10 U.S.C. 2304(c)(5), 41 U.S.C. 253(c)(5), 38 U.S.C. § 8127(d), Department of Veterans Affairs Office of Acquisition and Material Management (OA&MM) Information Letter IL-109-7-08, and FAR 6.302- 5 / Authorized or required by statute.



JUSTIFICATION



1. Identification of Agency and Contracting Activity. The VA Montana Healthcare System (MHCS), Fort Harrison, Montana and the VISN 19 Rocky Mountain Network Consolidated Contracting Center, Glendale, Colorado.



2. Nature / Description of Action / Services. The VA MHCS has a requirement for non-recurring maintenance construction projects. These projects require a contractor to provide all necessary labor, materials, tools, equipment and services to perform all work involved with the project. The work site is located at the VA Montana Healthcare System (VA MTHCS) Medical Center, 3687 Veterans Drive, Fort Harrison, MT 59636. The company selected will be a Service Disabled Veteran Owned Small Business.



3. Identification of Statutory Authority. 10 U.S.C. 2304(c)(5), 41 U.S.C. 253(c)(5), 38 U.S.C. § 8127(d), Department of Veterans Affairs Office of Acquisition and Material Management (OA&MM) Information Letter IL-109-7-08, and FAR 6.302- 5 / Authorized or required by statute.



Far 6-302-5 "Authorized or Required by Statute"

(a) Authority.

(1) Citations: 10 U.S.C 2034(c)(5)

(2) Full and Open Competition need not be provided for when -

(i) A statute expressly authorizes

Statute: P.L 109-461 Sec. 502 as codified in 38 U.S.C. § 8127(d)

(d) Use of Restricted Competition. - Except as provided in subsections (b) and (c), for purposes of meeting the goals under subsection (a), and in accordance with this section, a contracting officer of the Department shall award contracts on the basis of competition restricted to small business concerns owned and controlled by veterans if the contracting officer has a reasonable expectation that two or more small business concerns owned and controlled by veterans will submit offers and that the award can be made at a fair and reasonable price that offers best value to the United States.



4. Demonstration of Contractor's Unique Qualifications. Pursuant to statutory authority, it is recommended that a Service Disabled Veteran Owned Small Business (SDVOSB) award be made. The SDVOSB contractor selected will be verified as responsible after receipt of bids/offers for the solicitation action. The contracting officer will validate that the contractor is registered and certified in the VA VetBiz.gov data base and qualifies as "small" in accordance with federal small business size standards for the applicable North American Industry Classification System (NAICS) code assigned to the procurement.



5. FedBizOpps Synopsis and Solicitation Posting. A pre-solicitation notice will be posted to the Federal Business Opportunities (FBO) website for 15 days. It will be followed by an Invitation For Bid (IFB) or Request For Proposal (RFP) solicitation posting for 30 days.



6. Determination of Fair and Reasonable Cost. The Contracting Officer estimates that the contract award can be made at a fair and reasonable price and offers the best value to the United States based upon: (check all that apply)

( ) Marketing Survey

( ) Comparison of Commercial Prices

( ) Validation of contractor GSA FSS or GWAC contract.

(X) The results of negotiations based on A&E developed estimate as well as competitive quotes

received from subcontractors and the evaluation of the technical representatives.

7. Description of Market Survey. A brief market survey concluded that there is a reasonable expectation that the contracting officer would receive at least two bids from SDVOSB contractors.



8. The estimated contract price is less than $5,000,000 and within the limits for the small business set-aside award authority.



9. The contracting officer certifies that the justification is accurate and complete to the best of the contracting officer's knowledge and belief.





APPROVAL







_________________________________ ___________

Terry Hannigan Date

Contracting Officer