W041--614-25-1-5069-0033 / 36C249-25-AP-0458 -SPECIAL- Temp Cooling Tower (Eng)

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification >SAT-$7.5M under FAR13.5

Effective Date: 11/15/24

REVISION: 01

Acquisition ID#: 36C249-25-AP-0458

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DEPARTMENT OF VETERANS AFFAIRS

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

Acquisition Plan Action ID: 36C249-25-AP-0458

Contracting Activity: Department of Veterans Affairs, Network Contracting Office (NCO) 09, 1639 Medical Center Pky, Ste. 204, Murfreesboro, TN 37129, VISN 09, Lt. Col. Luke Weathers, Jr. Veterans Affairs Medical Center (VAMC), 116 N. Pauline St., Memphis, TN 38105

2237: 614-25-1-5069-0033

Nature and/or Description of the Action Being Processed: This procurement is for the rental of a temporary water cooling tower in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2. The rental of a temporary water cooling tower is required and will be awarded as a new firm-fixed contract with a base year and 1 (one) option year to Aggreko, LLC as the Only Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

Description of Supplies/Services Required to Meet the Agency's Needs:

Rental of Cooling Tower to include:

Base Rental Cooling Tower Package

One-time cleaning fee

One-time teardown fee

Option Year Rental Cooling Tower Package Estimated value:

The Period of Performance is December 16, 2024 through December 15, 2026.

Statutory Authority Permitting Restricted Competition:

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-l(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 Lt. Col. Luke Weathers, Jr. is currently renting the required water cooling tower from Aggreko, LLC while design and construction is being completed for a permanent water cooling tower. The previous contract, 36C24923P0726, has expired and design and construction of the permanent water cooling tower has not been completed; therefore, a follow-on contract is required. The water cooling tower is a component of a major system: Heating, Ventilation, and Air Conditioning {HVAC). To remove and install another cooling tower would incur substantial duplication of cost to the government as opposed to the continued rental of the cooling tower from Aggreko, LLC. Furthermore, to remove the current tower and install another rental cooling tower would cause unacceptable delays as the HVAC would be incapable of efficient and complete operation. This would endanger the health and well-being of veteran patients, their caregivers, and all hospital employees as air conditioning would not work properly. Accordingly, Aggreko, LLC is the only firm capable of providing the services described in Paragraph 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.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Based on searches of Government-wide databases for the rental of cooling towers, it does not appear that there are two or more SDVOSBs or VOSBs capable of providing this service. A search of contractdirectory.gov using keywords "cooling tower" yielded no results. A search of VIP using NAICS 238220 and PSC W041 yielded no results. A search of SBA using NAICS 238220 and key words "cooling tower rental" yielded no results. A search of FPDS using NAICS 238220 and keywords "rental cooling tower" found only 5 actions in the last 18 months and 3 of these were for Contract 36C24923P0726. This action will not be competed.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The Contracting Officer (CO) has determined that the cost will be fair and reasonable based upon duplication of costs to remove the current rented cooling tower and install a new rented one that will be removed once the permanent cooling tower has been installed.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Based on searches of Government-wide databases for the rental of cooling towers, it does not appear that there are two or more SDVOSBs or VOSBs capable of providing this service. Furthermore, the cost associated with the removal the currently rented and installation of another would be duplicative and prohibitive. It would also endanger the health and well-being of veteran patients, their caregivers, and all hospital employees as air conditioning would be ceased during this removal and re-installation.

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: Aggreko, LLC.

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: No subsequent actions are planned as a permanent water cooling tower is being designed and constructed. It will be completed before the ultimate completion date of this action. One option year is sought due to an unforeseen delay in the design and construction of a permanent water cooling tower. An option year is proposed because the work required will be the same and it is estimated that the design and construction of the permanent water cooling tower will take more than one year but not more than two.

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.

KEITH HAWKINS

Digitally signed by KEITH HAWKINS Date: 2024.11.22 08:28:38 -06'00'

Keith Hawkins, COR Date

AC Equipment Operator

Lt. Col. Luke Weathers, Jr. VA Medical Center

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.

DIANE ZIEGLER

Diane Ziegler Contracting Officer

Network Contracting Office 9

Digitally signed by DIANE ZIEGLER Date: 2024.12.10 14:44:35 -06'00'

Date

One Level Above the Contracting Officer (Required over SAT but not exceeding $7S0K): I certify the justification meets requirements for other than full and open competition.

Digitally signed by ROXIE

ROXIE KEESE; !\024.12.1016:44:s,

-05'00'

Roxie Keese

Branch Chief, Facilities Support Network Contracting Office 9

Date