VA263-C-1038 PUBLIC NOTICE in Accordance with FAR 6. 305 Publication of Justification and Approval Sole Source to Service Disabled Veteran Owned Small Business

Justification and Approval

Use Other Than Full and Open Competition

PROJECT: Wing 3D HVAC Installation & Window Replacement

Fargo VAMC, Fargo, North Dakota

Based on the following justification, I hereby approve the use of other than full and open competition for the proposed contractual action pursuant to Public Law (PL) 109-461, the Veterans Benefits, Health Care, and Information Technology Act of 2006, which is codified at 38 U.S.C. §§ 8127 and 8128 and, specifically, VAAR 819.7007 which allows for a sole source acquisition to a Service-Disabled Veteran-Owned Small Business (SDVOSB). FAR 6.302-5(a)(2)(i) is also applicable and provides that, “(2) Full and open competition need not be provided for when (i) A statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source…â€

1. Identification of Agency and Contracting Agency



Contracting Office, U.S. Department of Veterans Affairs Medical Center, Fargo, North Dakota.



2. Nature and/or Description of Action



Approval is requested to use other than full and open competition for a design-build construction project in support of the Fargo VAMC. The project includes the design and construction of an HVAC System and window replacement for Wing 3D. The Fargo VA Contracting Office is proposing a sole source to a Service-Disabled, Veteran-Owned Small Business, 3ND Inc of Fargo, ND.



History of this Requirement: 3ND, Inc was selected for this project because they have been approved for a similar project for Wing 2A. Having the same contractor and designer will better integrate the two projects. 3ND, Inc was also the contractor for other ward remodels and is familiar with the mechanical systems/window replacement needs here at VAMC Fargo.



3. Description of Supplies or Services



The Fargo VAMC requires the design and construction of HVAC system and replacement of all windows for Wing 3D. The project has a government estimate of $2.3M and the estimated performance period of 450 days.



4. Identification of Statutory Authority

FAR 6.302-5, Authorized or required by statute. This requirement is being set aside under Public Law (PL) 109-461, the Veterans Benefits, Health Care, and Information Technology Act of 2006, which is codified at 38 U.S.C. §§ 8127 and 8128 and, specifically, VAAR 819.7007 (Dec 2009) which allows for a sole source acquisition to a Service-Disabled Veteran-Owned Small Businesses (SDVOSB). As delineated in the VAAR 819.7007 and pursuant to 38 U.S.C. § 8127(c), contracting officers may use other than competitive procedures (including sole source awards) for contracts to SDVOSBs and [Veteran-Owned Small Businesses] VOSBs where the anticipated award price will exceed the Simplified Acquisition Procedures threshold but not to exceed $5,000,000. Each related award must be made to a responsible SDVOSB or VOSB at a fair and reasonable price as determined by the contracting officer. Contracts awarded using this authority shall be supported by written justifications and approvals in accordance with FAR 6.303-2.

5. Demonstration of contractor’s unique qualifications or nature of acquisition requires use of the authority cited



The Fargo VAMC normally solicits all construction requirements competitively through SDVOSB set asides. In this instance knowledge of the funding for this requirement only became apparent in the past 10 days. There is insufficient time to allow for complete competitive design/build process. The only method available to ensure timely award of the contract no later than September 30, 2010 is the use of the cited authority.



6. Determination of Fair and Reasonable Costs



The contractor will be required to provide cost and pricing data in accordance with FAR 15.403-4. These costs will be compared with a detailed government estimate which was provided by Facility Engineering. The contracting officer will be able to determine the cost fair and reasonable through a combination of cost/price analysis techniques during negotiations.



7. Efforts to Obtain Competition



None



8. Description of Market Research



3ND Inc has a history of providing outstanding construction service to the Fargo VAMC and was selected for this requirement as they have the both a qualified engineering partnership and the ability to complete the construction phase of the contract satisfactorily.



9. Other Supporting Facts



3ND has the ability to provide cost and pricing data in accordance with FAR 15.403-4.



10. Interested Sources



Not Applicable



11. Statement of Action for Barriers to Competition None









12. Contracting & Technical Personnel Certification



I certify that the facts and representations under my cognizance included in this Justification and Approval are accurate and complete to the best of my knowledge and belief. Therefore, I approve this procurement under other than full and open competition bases.





Prepared by:

//Signed//



_______________________

CHARLES W. KOLLITZ

Contract Specialist





//Signed//

_______________________ __________

BENEDICT A. SEITZ Date

Contracting Officer/Facility Contract Manager



Concur___ Non-concur___

//Signed//

_______________________ __________

CONSTANCE E. FORGE Date

Network Contract Manager



Concur___ Non-concur___

//Signed//

_______________________ __________

PAMELA J. SANDERS, Date

SAO Director, Central Region



Approved___ Disapproved___

//Signed//

________________________ _________

JOSEPH A. WILLIAMS, JR., RN, BSN, MPN Date

Head of Contracting Activity

Assistant Deputy Under Secretary of Health for Operations & Management