Repair Skylight in Atruim - Minneapolis VAMC

DEPARTMENT OF VETERANS AFFAIRS



JUSTIFICATION

For

OTHER THAN FULL AND OPEN COMPETITION







1. Contracting Activity. The VISN 23 Minneapolis Contracting & Purchasing Office , Minneapolis, Minnesota and the Minneapolis VA Medical Center, Minneapolis, Minnesota. PR #618-11-3-6977-0424.





2. Nature / Description of Action Being Processed. The VISN 23 Contracting Office intends to award a firm fixed price contract for construction services.





3. Description of Supplies/Services Required to Meet the Agency's Needs. The Minneapolis VA Medical Center has a requirement to repair existing skylights over atrium areas at Building 70. The skylights over the atrium areas were manufactured by Kalwall Corporation and installed when the building was erected in 1988. In recent years, the fiberglass panels that make up the skylights have begun to show signs of deterioration, due to normal exterior environmental conditions. Research has been conducted and it has been determined that if completed before further damage occurs, cost effective repairs could be made in lieu of total replacement of these panels. The work site is located at the Minneapolis VA Medical Center, One Veterans Drive, Minneapolis, Minnesota 55417. The estimated cost to include options is $270,564. The estimated period of performance is 75 days.





4. Statutory Authority Permitting Other than Full and Open Competition. 41 U.S.C. 253(c), as implemented by FAR 6.302.



[ X ] (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency

Requirements per FAR 6.302-1;





5. Demonstration of Contractor's Unique Qualifications. Project engineers at the Minneapolis VAMC contacted the manufacturer of the hospital atrium skylights, Kalwall Corporation, and spoke with the Vice President. Repairs to the skylights was discussed and the engineers were told that all skylight repairs must be accomplished using only Kalwall approved products and in accordance with manufacturer's specifications. The VP was asked to provide a list of recommended contractors qualified to successfully complete a Kalwall skylight repair of the magnitude contemplated by the VA. The VP stated SpecPro, Inc. is the only vendor who specializes in the repair of Kalwall skylights. This information was also confirmed using a Sources Sought Notice. Accordingly, SpecPro, Inc. is the only firm capable of providing the supplies and services described in Section 3 above without the Veteran's Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.





6. Description of Efforts Made to Ensure that Offers are Solicited from as Many Potential Sources as Deemed Practicable. A Sources Sought Notice was published in the Federal Business Opportunities website using solicitation number VA-263-11-RP-0501, from June 30, 2011 to July 8, 2011. The notice identified the North American Industry Classification System (NAICS) code 238160, Roofing Contractor, with a size standard of $14.0 Million as the proposed category of construction services. The notice stipulated that prospective offerors be recognized by Kalwall Corp. as having extensive experience in the specialty of refinishing Kalwall skylights and that offerors must provide proof of successful completion of Kalwall Weatherseal projects of significant size and scope. SpecPro, Inc. was the only business to respond to the Sources Sought Notice. This confirmed the assumption regarding the capability of industry to meet our needs. One other e-mail inquiry was sent to the contracting officer (CO) by Daylight Designs, Inc. asking for bidding documents. The CO promptly directed them to the Sources Sought Notice requirement to submit specific qualifications relevant to the project. The CO did not receive any further correspondence from Daylight Designs, Inc. The CO also contacted Jim Andrus, sales manager for Kalwall, Corporation to request an approved / certified vendors list for repairing Kalwall Skylights. His response reiterated the unique capabilities of SpecPro, Inc. in repairing Kalwall Skylights.





7. Determination of Fair and Reasonable Cost. The Contracting Officer estimates that the contract award can be made at a fair and reasonable price and that such a price may be ascertained by comparing the offeror's proposed price with an Independent Government Estimate prepared by Minneapolis VA Medical Center Facilities Engineers.





8. Description of Market Research. Project engineers at the Minneapolis VAMC contacted the manufacturer of the atrium skylights, Kalwall Corporation in an attempt to obtain a list of approved / certified / qualified vendors capable of repairing Kalwall Skylights. The CO also contacted Kalwall Corporation in an attempt to obtain the same information. Both the engineers and CO's efforts resulted in SpecPro being identified as a unique source. A google search of "Kalwall Skylight Repair" was conducted resulting in no usable leads. A Sources Sought Notice was also published in the FBO website resulting in only one response, and that from SpecPro, Inc.





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





10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition. One e-mail inquiry was sent to the contracting officer (CO)by Daylight Designs, Inc. asking for bidding documents. The CO promptly directed them to the Sources Sought Notice requirement to submit specific qualifications relevant to the project. The CO did not receive any further correspondence from Daylight Designs, Inc.





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. None.





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.







________________________ ______________

Mark Angell Date

Acting Chief of Projects

Minneapolis VAMC





13. Approvals in Accordance with FAR 6.304.



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





________________________ ______________

Terry Hannigan Date

Contracting Officer

VISN 23





b. VISN QA: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.





________________________ _______________

Ben Seitz Date

QA & Compliance Specialist

VISN 23





c. Network Contract Manager. I certify the justification meets the requirements for other than full and open competition.





________________________ ______________

Daryl Berg Date

VISN 23 Network Contract Manager