DEPARTMENT OF VETERANS AFFAIRS Justification and For Other Than Full and Open Competition Contracting Activity: Department of Veterans Affairs Network Contracting Office 8 (NCO 8) 8875 Hidden River Parkway Suite 560 Tampa, FL 33637 2237 # 673-17-2-6318-0052 Nature and/or Description of the Action Being Approved: Network Contracting Organization 8 (NCO-8) anticipates the sole source award of a firm-fixed price contract for asbestos abatement survey services required to complete NRM Project 673-17-110. Project will create a survey showing where asbestos is present in building s 1 and 2, at the James A. Haley VAMC, Tampa, FL. The Government estimate for the procurement is $247,942. Description of Supplies/Services Required to Meet the Agency s Needs: Contractor is to provide asbestos survey services to include all equipment, labor, materials, specialty services, supervision, and tools to complete NRM Project 673-17-120 Asbestos AHERA Survey . Work includes performing asbestos surveys, and providing documentation on asbestos presence to be used in future construction projects. 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 FAR 6.302-1; ( ) (2) Unusual and Compelling Urgency per FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3; ( ) (4) International Agreement per FAR 6.302-4 (X) (5) Authorized or Required by Statute FAR 6.302-5; ( ) (6) National Security per FAR 6.302-6; ( ) (7) Public Interest per FAR 6.302-7 Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited: (a) Veteran s Affairs Acquisition Regulation (VAAR) Part 819.7007 Sole Source Awards to a verified service disabled veteran-owned small business. A Contracting Officer may award contracts to verified SDVOSB concerns using procedures other than competitive procedures provided: (1) The anticipated award price of the contract (including options) will not exceed $5 million; (2) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.301(d); (3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and (4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government. (b) The contracting officer s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. To ensure that opportunities are available to the broadest number of verified SDVOSBs, this authority is to be used judiciously and only when in the best interest of the Government. (c) A determination that only one SDVOSB can meet the requirement is not required. However, in accordance with FAR 6.302-5(c)(2)(ii), contracts awarded using this authority shall be supported by a written justification and approval described in FAR 6.303 and 6.304, as applicable. (d) When conducting a SDVOSB sole source acquisition, the contracting officer shall ensure the business meets eligibility requirements 819.7003. Biosphere International, Inc. is registered in the VIP database as a SDVOSB and is a responsible source with respect to this contract opportunity. Contractor has successfully completed similar construction projects at the Tampa VA Hospital that included abatement of hazardous materials in busy areas of the hospital. It is in the best interest of the Government to use a contractor with specialized experience to minimize impact to patients and employees during construction. A sole source award is proposed pending negotiation of fair and reasonable price. Description of Efforts Made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by 5.2 and, if not which exception under 5.202 applies. While there are other contractors in Vetbiz.gov, a determination that only one SDVOSB concern available to meet the requirement is not required per the authority cited in paragraph 5. The estimated value of this requirement is greater than $25,000 and thus will be synopsized IAW Part 5.301(a) (1). Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: The contracting officer anticipates an agreement between Government and Biosphere International, Inc. will result in a Fair and Reasonable Price. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The VIP database was queried in accordance with VAAR 810.001, Market research policy. Biosphere International, Inc. is listed in the CVE database as a Service Disabled Veteran Owned Small Business. Any Other Facts Supporting the Use of Other than Full and Open Competition: Under the authority granted by Public Law 109-461, the VA is authorized to set-aside contracts and/or award sole source awards to SDVOSB and VOSB firms. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Not Applicable. IAW VAAR 819.7007(b) the contracting officer s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. A determination that only one SDVOSB concern is available to meet the requirement is not required. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome Barriers to Competition before Making subsequent acquisitions for the supplies or services required: There are no barriers to competition we are using the authority granted by VAAR 819-7007 sole source awards to service disabled veteran owned small business concerns as a tool for construction requirements to repair/fix facility deficiencies. CO certification that justification is accurate and complete and to the best of the CO s knowledge and belief.: 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.
