Z2DA--660-24-090 Emergency Demo Flooding Building 1 | (VA-24-00108043) - 660C43298

Request for Sole Source Justification Format >SAT

VHAPG Part 806.3 OFOC Page 1 of 4

Revision: 03 Effective Date: 04/15/24

Acquisition ID#: 36C250-24-AP-5400

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C259-24-AP-5400

Tracking #: FY24-NCO-19-2776

Contracting Activity: Department of Veterans Affairs, NCO 19 located at 6162 South Willow, Suite 300, Greenwood Village, CO 80111 on behalf of VISN 19, George E. Wahlen Medical Center located at 500 Foothill Drive, Salt Lake City, UT 84148.

2237 #: pending

Nature and/or Description of the Action Being Processed: This requirement is for the emergent demolition of multiple areas with in Building 1 to include floors 1-6, ground floor and zones A, B and C due to a 1.5 water line break on the 6th floor of the building which has caused considerable damage to the area. The contractor will provide demolition and disposal of specified areas within the floors and zones which been damaged by water.

This requirement will be a sole source firm-fixed-price contract.

The HCA was notified of the emergency and provided approval for the action to move forward on August 27, 2024.

The estimate cost of this requirement is $749,252.99.

Description of Supplies/Services Required to Meet the Agency s Needs: The project requires construction services to demolish and remove the specified areas of Building 1 which have been affected by the damage of the water line break.

The estimated period of performance is between 60 and 120 days.

Statutory Authority Permitting Other than Full and Open Competition:

( ) (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 contractor, MSC Design Build is uniquely qualified for this project. MSC Design has years of experience working at the George E. Wahlen facility, is familiar with the location of the work and has provided construction services in similar situations with water main/line breaks at the facility. The contractor is ready to mobilize immediately. The contractor is active in SAM.gov and VetCert.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: For this emergent requirement, it was not practical to solicit the requirement. Immediate action was required for patient and staff safety as water was flooding the area. MSC Design Build was contacted based on previous experience and knowledge of the contractor s capabilities for a project of this size and magnitude.

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

The anticipated cost to the government has been an ongoing discussion with the contractor to determine what needs to be done immediately versus what can be done at a later time. This project will cover the demolition of the affected area to ensure mold and other contaminants are not actively remaining in the affected area. Based on discussions with the contractor, facility and management, the cost to the government for this requirement is determined to be fair and reasonable.

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

The following market research has been completed and is included in the eCMs briefcase

Verification of MSC Design Build LLC in VetCert. Expiration 1/30/2028

Verification of MSC Design Build LLC in SAM. Expiration 2/19/2025

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

Demolition for this emergent requirement is necessary to mitigate any infection control concerns based on the water damage. Patients have been moved from affected areas and the hospital is now more limited with the inpatient services they can provide for our veterans.

Sole sourcing the requirement will cut down on the time it takes to get the hospital back to full service capacity and will allow contracting time to solicit through the VISN 19 Construction MATOC for construction services to repair/renovate the damaged space.

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: NA

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: The demolition aspect of this emergent project is being sole sourced. While the demolition requirement is worked, a solicitation for the repairs/renovation of the affected areas will be solicited as a set aside for SDVOSBs through the VISN 19 Construction MATOC.

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.

/s/ Jeremiah Percy 9/23/2024

_____________________________ ________________________

Name: Jeremiah Percy Date

Title: Lead Maintenance Carpenter

Facility: George E. Wahlen VAMC

Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

Contracting Officer Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

/s/ Ilze Karklins-Powers 9/23/2024

_____________________________ ________________________

Name: Ilze Karklins-Powers Date

Title: Contract Specialist

Facility: NCO 19 Construction Team 1

One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

/s/ Donna Gillette 9/23/2024

_____________________________ ________________________

Name: Donna Gillette Date

NCO 19 Supervisory Contract Specialist

Facility: NCO 19 Construction Team 1 Awarded contract 36C25924C0135 to MSC DESIGN BUILD LLC for 749252.99000000 on 2024-09-09.