Z1NZ--36C249-20-AP-3288-614-19-113- Install Additional SCI Emergency Generator

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP

Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 09

Original Date: 03/22/11 Revision 09 Date: 04/17/2020

Page 1 of 3

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C249-20-AP-3288

Contracting Activity: Department of Veterans Affairs (VA), Veterans Integrated Service Network (VISN) 9, Memphis VA Medical Center, Memphis, Tennessee, Requisition Number # 614-20-4-5530-0026.

Nature and/or Description of the Action Being Processed:

The existing Spinal Cord Injury Unit Building 7 is a Mission Critical facility. Only a single emergency generator was included when the building was constructed and activated in 1986. The lack of a redundant back-up emergency generator is a serious deficiency if the lone generator does not operate.

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

The contractor is to furnish all labor, material, equipment, transportation, and supervision necessary to install an additional SCI emergency generator in accordance with the Statement of Work, project specifications and drawings for Project 614-19-113.

The estimated cost of this requirement is $489,532.00. The period of performance is for 150 calendar days from receipt of Notice to Proceed.

Statutory Authority Permitting Other than Full and OpenCompetition:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

(X ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6; ( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by 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 intended awardee has the resources to meet the government s need in the specified short period of time. AAECON General Contractors is one (1) of the premier Minority Owned / Service-Disabled Veteran Owned Design/Build, General Construction companies providing the expertise of Construction Managers, Estimators, Designers and Journeyman Field Staff to meet the needs of our clients. AAECON has completed over 100 projects as a prime contractor.

Other facts that support the nature of the authority cited above is that a failure to act, or a delay will result in serious harm and injury to the Government, its property and or create risks for employees and having an indirect effect on patient care, as this requirement supports the Spinal Cord Injury (SCI) unit of the Memphis VA Medical Center.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Insufficient time to conduct full market research as the nature of this requirement is an Emergency pursuant to Federal Acquisition Regulation (FAR) 6.302-2

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

The Government anticipates a fair and reasonable price based on current market conditions and the Independent Government Cost Estimate (IGCE) provided. The price proposal will be analyzed for reasonableness. It will be analyzed for the different divisions of work to be performed, and the complexity of that work if any, and will be reviewed to ensure that it reflects a clear understanding of the requirement and is consistent with the Offeror's technical proposal. The Contracting Officer has also provided the Contractor a letter to use to execute this purchase off the GSA schedule as the generator will support the medical center s continuing operations.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Market Research was not conducted due to insufficient time. However, a search of the Vendor Information Portal was conducted for a search of eligible Service- Disabled Veteran-Owned Small Business (SDVOSB) construction firms. The results indicated that there are 702 SDVOSB listed principle NAICS code 236220. The small business size standard for this NAICS is $39.5M.

Any Other Facts Supporting the Use of Other than Full and Open Competition:

The medical center director has confirmed this action to be a special/emergency procurement. Due to the urgent nature, there is insufficient time to solicit and compete this action.

The Contracting Officer has reviewed the statement of capability for AAECON General Contractors, LLC and has determine that the contractor has the requisite experience and past performance to complete this contract.

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None

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.

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. Awarded contract 36C24920C0139 to AAECON GENERAL CONTRACTING LLC for 561959.00000000 on 2020-08-11.