VHAPM Part 808.405-6 Limiting Sources Page 1 of 4 Original Date: 08/30/2017 Revision 03 Eff Date: 03/18/2021 LIMITED SOURCES JUSTIFICATION ORDER >SAT FAR PART 8.405-6 Acquisition Plan Action ID: 36C248-22-AP-4897 (1) Contracting Activity: Department of Veterans Affairs, VISN 08 NF/SG VHS Medical Center, Security Guard Services procured under transaction number 573-22-3-2911-0108. (2) Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). Security Guard Services is being procured as an Interim due to an Agency Level and GAO protest. Order against: FSS Contract Number: 47QSWA21D006G Name of Proposed Contractor: Excelsior Defense Inc. Street Address: 2232 CENTRAL AVE City, State, Zip: St Petersburg, FL 33712 Phone:
+1 (555) 000-0000 (3) Description of Supplies or Services: The estimated value of the proposed action is $ 583,344.66. North Florida/South Georgia VHS is requesting a continuation of Security Guard Services for the Gainesville and Lake City Medical Centers and various off-site locations. This requirement is necessary as an Interim to the existing contractor to prevent no break in service until the long-term Security Guard Contract can be awarded. (4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor s unique qualifications to provide the required supply or service. (CHECK THE APPLICABLE AUTHORITY BELOW AND COMPLETE) FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays: There is currently an existing contract for Excelsior Defense to provide Security Guard Services for NF/SG Healthcare facilities, Outpatient Clinics, leased spaces etc. that was due to expire. A new requirement was requested, solicited, reviewed, awarded, and then protested several times. As this new requirement has not been put in place a 60-day interim is required to ensure services are not interrupted throughout the NF/SG system. This contract is imperative for the NF/SG system since it provides Security Services for multiple locations to ensure the safety of patients and staff. FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; Specific characteristics of the material or service that limit the availability to a sole source (unique features, function of the item, etc.). Describe in detail why only this suggested source can furnish the requirements to the exclusion of other sources. FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures. FAR 8.405-6(b): Items peculiar to one manufacturer: A patent, copyright, or proprietary data limits competition. The proprietary data is: (If FAR 8.405-6(a)(2)iii before posting. Do not include specific proprietary data. Only mention the type of equipment, procedure, etc. to show that proprietary supplies or services are being procured.) These are direct replacements parts/components for existing equipment. The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. Describe the equipment/function you have now and how the new item/service must coordinate, connect, or interface with the existing system. (5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: A survey of three GSA Schedule holders were reviewed to determine if the pricing is fair and reasonable. GSA schedule pricing is the base labor hourly pricing which does not include the health and welfare hourly wage portion. The cost to the government is considered fair and reasonable by comparing MASA, COGAR and CASS GSA Scheduled pricing which range from $42.60 - $47.44. The government currently pays $25.23 which includes the hourly health and welfare benefit and a 25% discount. (6) Describe the Market Research Conducted, among schedule holders and the results or a statement of the reason market research was not conducted: Market research was conducted utilizing the GSA schedule contractors available to provide this services; however, this is a follow-on requirement to the existing contract with Excelsior defense Inc due to a protest. The Interim is required to prevent a break in service. (7) Any Other Facts Supporting the Justification: 37.111 Extension of services . Award of contracts for recurring and continuing service requirements are often delayed due to circumstances beyond the control of contracting offices. Examples of circumstances causing such delays are bid protests and alleged mistakes in bid. In order to avoid negotiation of short extensions to existing contracts, the contracting officer may include an option clause (see 17.208(f)) in solicitations and contracts which will enable the Government to require continued performance of any services within the limits and at the rates specified in the contract. However, these rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance thereunder shall not exceed 6 months. (8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made: NA (9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. (This signature is the requestor s supervisor, fund control point official, chief of service or someone with responsibility and accountability.) _____ SIGNATURE DATE NAME TITLE SERVICE LINE/SECTION FACILITY (10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: a. Contracting Officer s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____ CONTRACTING OFFICER - (NCO 8) DATE b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition. JORGE MUNOZ BRANCH CHIEF SERVICES (NCO 8)
