DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C262-23-AP-0635 Contracting Activity: Department of Veterans Affairs, VISN 22, Long Beach VA Health Care System (LBVAHCS), by the Network Contracting Office (NCO) 22. The VA2237 funding document for this action is 600-23-1-5668-0009. Nature and/or Description of the Action Being Approved: This emergency procurement is to repair boiler #3 due to refractory failure. During a daily operational visual inspection, the boiler plant operator noticed a leak of flue gases inside boiler #3. This resulted in the only remaining back up boiler at LBVAHCS being taken offline. In accordance with VHA Directive 1810, amended 11 September 2018, on page 5, paragraph c., When boilers and equipment required to meet the VA medical facility redundancy requirements for the supply of the maximum steam demand, exclusive of load shedding, are out of service for more than 24 hours for maintenance o repairs, the N+1 requirement is compromised (N+1 requirement refers to the requirement for the availability and functionality of a redundant system or equipment). The contractor shall remove and replace the burner assembly and the refractory lining. Description of Supplies/Services Required to Meet the Agency s Needs: This emergency procurement is to repair boiler #3 due to refractory failure. The estimated dollar amount of this contract for the 90-day period of performance is $167,856.00. The estimated period of performance is 10/31/2022 to 1/30/2023. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute). COs may use the non- competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5, 000,000. Check the specific VAAR clause used below: (X) 819.7007 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7008 Sole source awards to a verified veteran-owned small business Demonstration that the Contractor s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The contracting officer s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer. The statutory authority 38 U.S.C. 8127 (c), provides the authority to directly contract with a SDVOSB. A determination that only one SDVOSB can meet the requirement is not required. IAW Construction, has been determined to be an eligible SDVOSB concern in accordance with VAAR 819.7003 and a responsible source with respect to performance. IAW Construction is currently on site at VALB and has available resources to provide the services required within the emergency period of performance needed. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by subpart 5.2 and, if not, which exception under 5.202 applies: The statutory authority 38 U.S.C. 8127 (c), provides the authority to directly contract with a SDVOSB. To ensure that opportunities are available to the broadest number of verified SDVOSB, this authority will be used judiciously and only when in the best interest of the Government. In accordance with FAR 5.2 and FAR 6.305(a), a notice of the justification shall be made publicly available within 14 days of award. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The pricing received for this requirement will be compared to similar contracts awarded to determine price fair and reasonable based upon market research and comparison of the proposed price with prices found reasonable on previous purchases. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The business decision to make a sole source is based upon the following reasons: (1) No market research was conducted due to the urgent and compelling nature of this requirement. (2) the contractor has completed similar size and complexity requirements; and (3) the contractor has the necessary expertise based upon prior contracts. Based on the procedures authorized in VAAR 819.7007, the contracting officer has determined to make a sole source award to IAW Construction. The vendor has met the eligibility criteria outlined in VAAR 819.7003, they are verified in VIP, and the action is below the $5M threshold. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. The authority under 38 USC 8127(c) provides the authority to directly contract with a SDVOSB. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No other sources have expressed interest in this requirement. 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 Government will continue to conduct market research to determine available sources services that can fulfill the Government s requirements. 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. SIGNED Mauricio Ruiz Program Analyst Engineering Service Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: Contracting Officer or Designee s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. SIGNED Tim Harris Services Team 5, Contracting Officer Network Contracting Office 22
