DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) JUSTIFICATION SOLE SOURCE JUSTIFICATION 6.302-2 Acquisition Plan Action ID: 36C257-23-AP-4211 Contracting Activity: Department of Veterans Affairs (VA), Network Contracting Office 17 (NCO 17), Temple, Texas. Purchase Request: 504-23-3-6133-0094. Nature and/or Description of the Action Being Processed: This procurement is for a firm-fixed price sole source contract for 3rd floor bldg. 28 roof repairs, in accordance with FAR justification using FAR 6.302-2, Unusual and compelling urgency. The current effort requires construction services that the contractor shall uncover approximately 120 linear feet of gutter. Gutter is currently covered with copper sheeting that needs to be removed to make the gutter functional again. Note, the access to the gutter is on the first-floor roof, scaffolding will be required to gain access to the gutter. The Contractor shall tie the gutter drain back into the interior roof drain, approximately 20 away from the exterior of the building. The contractor shall seal the exterior cornice, approximately 120 linear feet. The total contract value of this procurement is $132,624.80. Description of Supplies/Services Required to Meet the Agency s Needs: On June 26, 2023, the 3rd floor of building 28 was found that it needed emergency roof repairs in the Thomas E. Creek VA Health Care System. Statutory Authority Permitting Restricted Competition: FAR 6.302-2 Unusual and compelling urgency. The statutory authority for applying this is 41 U.S.C. § 3304(a)(2) which states the executive agency's need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals. Competition is restricted on this procurement for the reason below: - - - - (X) Unusual and Compelling Urgency per FAR 6.302-2 Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Thomas E. Creek VA Health Care System provides primary care and specialty health services, suicide prevention, women s health care, and more. The nature of the medical services provided requires optimal and complete medical operation. The Thomas E. Creek VA Health Care System currently has a safety concern due to roof damage. This has created a displacement of employees. Further, the damage can spread and even create mold if not addressed which could be harmful if breathed in, creating a serious health concern for all employees and patients. The above conditions are impacting staffing by forcing them to be relocated because of all the damage and lack of useability of medical areas and rooms. The disruption and displacement of the clinical service lost is severe. Of utmost and critical care concerns is the limitations on the number of patients that can be scheduled and treated. While patient care is private, it can be presumed that there is a sizable number of patients that require care for mental health conditions, severe physical ailments/disabilities. The immediacy of the care for patients fits the definition of compelling urgency, thus the use of FAR 6.302-2 Unusual and Compelling Urgency to award this contract is warranted and in the best interest of the Government and the patients requiring immediate medical care. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Synopsis of this proposed contract action will be posted on SAM.gov IAW FAR 6.302-2. Minimal market research was performed due to the urgency to ensure the immediate safety of patients, employees, and visitors of Thomas E. Creek VAHCS. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(2), as implemented by FAR 6.302-2; Unusual and Compelling Urgency per FAR 6.302-2. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The price is considered fair and reasonable, based on a comparison to the Independent Government Estimate (IGE). The IGE is $132,883.00, which makes the price proposal of Energy EPC Solutions, LLC of $132,624.80 lower than the IGE by about one percent or $258.20. The percentage difference of one percent is well within reason, and if this were a competitive requirement, a percentage difference this close would inherently convey price reasonableness. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As stated in Paragraph 6 above, limited Market Research was conducted and is in file. As stated in Paragraph 5 above, it is not in the interest of crucial veteran patient care nor the Government to obtain competition. Due to the urgency of this of this request Energy EPC Solutions, LLC will be awarded the contract. Energy EPC Solutions, LLC is familiar with the facility and has done prior emergency projects required at the Thomas E. Creek VA Health Care System. Any Other Facts Supporting the Use of Other than Full and Open Competition: No other pertinent facts apply or are available. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: No other sources have expressed an interest in this acquisition. 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: All future requirements will be assessed on a case-by-case basis to determine any future acquisition strategy. 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.
