H--Project 437-10-101, Thre Year Electrical Testing

Justification and ApprovalUse Other Than Full and Open Competition PROJECT: Three Year Electrical Testing 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 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 required three year electrical testing at Fargo VAMC. The project includes switchgear testing (pull breakers, test, clean, reinstall) emergency generator (run, test, clean) and transformers tested. This document is formatted in accordance with the guidelines provided under FAR 6.302-1 for sole source procurement. The Fargo VA Contracting Office is proposing a sole source to a Service-Disabled, Veteran-Owned Small Business, Alset Power Grid, Inc of New Philadelphia, Ohio. History of this Requirement: None 3. Description of Supplies or Services The Fargo VAMC and JCAHO require this testing every three years to maintain electrical system safety. The project has a government estimate of $94,279.29 and the estimated performance period is 30 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 6.302-5, Authorized or required by statute. Synopsis is not required per FAR 5.202(a)(4). 5. Demonstration of contractors unique qualifications or nature of acquisition requires use of the authority cited The Fargo VAMC has solicited this requirement competitively in the past and Alset Power Grid, Inc has been awarded the contract. Performance has been exceptional and very timely considering the problem of shutting down systems in a 24/7 medical environment. Fargo VA Medical Center wishes to lock in this contractor for this crucial life safety and JCAHO mandated test. 6. Determination of Fair and Reasonable Costs The contractors proposal will be compared with a detailed government estimate provided by Facility Engineering and historical pricing for the same service. 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 Alset Power Grid, Inc has a history of providing outstanding electrical testing service to the Fargo VAMC and was selected for this requirement as they have the both a qualified engineers and technical staff to perform this contract satisfactorily. 9. Other Supporting Facts None 10. Interested Sources Not Applicable-- Synopsis is not required per FAR 5.202(a)(4) 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 Contracting Officer/Facility Contract Manager