Inactive

JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION Upon the basis of the following justification, I hereby approve the issuance of the contractual action described below using other t... JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION Upon the basis of the following justification, I hereby approve the issuance of the contractual action described below using other than full and open competition, pursuant to the authority cited herein. 1. Contracting Activity: Department of Veterans Affairs CFM Western Region 3801 Miranda Avenue, Bldg. T601A Palo Alto, CA 94304 2. Nature and/or Description of Action Being Approved: This justification sets forth the facts and requests approval to enter into a new sole source firm-fixed priced contract (no options) on the basis of other than full and open competition with Spur Design, LLC, Service-Disabled Veteran-Owned Small Business (SDVOSB). The current Buildings 7 and 40 of the VA Palo Alto Medical Facility have been identified as being seismically deficient and must be replaced. As part of this replacement, seismic project book deliverables are required for the planning and replacement of these buildings. 3. Description of Supplies or Services Required to Meet the Agency s Needs (including the estimated value): The contractor shall provide all labor, materials, equipment, supervision, expertise, and incidental items necessary to provide seismic book deliverables for the replacement of seismically deficient Building 7 (Spinal Cord Injury) and Building 40 (Boiler Plant) at the VA Palo Alto Healthcare Facility. The total period of performance for this service is 180 calendar days. The estimated dollar amount for the requirement is $736,534. 4. Authority Permitting Other than Full and Open Competition: Pursuant to 38 U.S.C. §8127(c) and Federal Acquisition Regulation (FAR) 6.302-5, authorized or required by statute, contracting officers may award a contract (including sole source awards) to a firm verified under the Veterans First Contracting Program at VA Acquisition Regulation (VAAR) subpart 819.70, using procedures other than competitive procedures, and in accordance with VAAR 819.7007. The statutory authority for this justification is P.L. 109-461 (enacted 12/22/2006), Sec.502: Department of Veterans Affairs Goals for Participation by Small Businesses Owned and Controlled by Veterans in Procurement Contracts. P.L. 109-461, Sec 502 (c) SOLE SOURCE CONTRACTS FOR CONTRACTS ABOVE SIMPLIFIED ACQUISITION THRESHOLD. -- For purposes of meeting the goals under subsection (a), and in accordance with this section, a contracting officer of the Department may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if (1) such concern is determined to be a responsible source with respect to performance of such contract opportunity; (2) the anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) but will not exceed $5,000,000; and (3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States. Reference- VA Procurement Policy Memorandum (2016-05)(Revised August 2019) Implementation of the Veterans First Contracting Program (VIEWS 01368239). 5. Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Spur Design LLC is currently performing seismic project book deliverables for the replacement of three (3) seismically deficient buildings at the VA Palo Alto (Electrical Shops Buildings 41, 42, 43, Building 6, and Building 114). As part of Spur Design s current scope, they are required to provide a plan as to how each project will fit within the existing VA campus, provide a timeline for execution, detailed coordination plan, construction cost estimate, and schedule. There will be multiple seismic projects performed concurrently, therefore, it is critical to have the same consultant provide recommendations to the VA for the subsequent design and construction. Spur Design is currently analyzing existing facilities, floor plans, and distribution of utilities and functions to ascertain the best use of existing and new spaces from a holistic perspective. Some existing functions may need to be expanded in place, moved into other existing space, and/or moved into new buildings. Spur Design is also currently completing a statement of design which takes into consideration the most economical and flexible solutions for optimal adjacencies, space utilization, vertical and horizontal circulation flow, and other factors based on location constraints, current criteria, local needs, and standards. Spur Design is approximately 50% complete with their existing analysis, and using another vendor would create an unnecessary, costly, and time-consuming duplication of efforts, specifically in the following areas- topographic surveys, geotechnical analysis, codes and standards consideration, structural investigations, boundary surveys, traffic analysis/study, parking demand, on-site utility surveys/capacity, telecommunications, and physical security. In addition, the VA Palo Alto has recently completed $700M in new facilities, with approved projects for future construction estimated at another $500M over the next 3 years. The current Building 40 (Boiler Plant) is not only seismically deficient but does not have adequate capacity to support these planned facilities. Building 40 Boiler Plant replacement has also been identified as the number 10 priority in the U.S. for seismically deficient buildings. Not having a boiler plant to support these newly constructed or planned facilities poses significant risks to the VA in terms of operation, maintenance, and functionality. 6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The Contracting Officer performed market research through U.S. Department of Veterans Affairs, Office of Small & Disadvantaged Business Utilization, Vendor Information Pages, https://www.vip.vetbiz.gov/ under NAICS Code 541310. A nationwide search shows 408 VOSB/SDVOSBs, 39 of which are in either CA, NV, or AZ. While there are adequate VOSB/SDVOSB s who can perform the work, many of the tasks are already being completed under Spur Design s existing contract. Additionally, Spur Design and their consultants, some of which are also SDVOSB s, are already precluded from any follow-on design or construction related to these seismic projects due to a conflict of interest. Having another VOSB/SDVOSB firm other than Spur Design complete the seismic project books for Building 7 and 40 would result in additional firms being precluded from competing in follow-on requirements. Using another vendor would create potential conflicts as close coordination would be required with Spur Design. 7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: In accordance with FAR 15.404-1, the Contracting Officer, with the assistance from technical personnel, will determine the amount of this service to reflect a fair and reasonable price through a comparison of the proposed prices with the independent Government cost estimate. The Government anticipates schedule and cost savings as Spur Design is approximately 50% complete with their existing analysis and have established existing relationships with stakeholders. 8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: A VetBiz Registry search under NAICS Code 236220 was conducted for CA, AZ, and NV which resulted in a total of 234 SDVOSB/VOSB firms. Contracting Officer performed market research through U.S. Department of Veterans Affairs, Office of Small & Disadvantaged Business Utilization, Vendor Information Pages, https://www.vip.vetbiz.gov/ under NAICS Code 541310. A nationwide search shows 408 VOSB/SDVOSBs, 39 of which are in either CA, NV, or AZ. While there are adequate VOSB/SDVOSB s who can perform the work, many of the tasks are already being completed under Spur Design s existing contract. Additionally, Spur Design and their consultants, some of which are also SDVOSB s, are already precluded from any follow-on design or construction for these seismic projects due to conflict of interest requirements. Having another firm other than Spur Design complete the seismic project books for Building 7 and 40 would result in additional SDVOSB firms being precluded from competing in follow-on requirements due to potential conflict of interests. 9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The Seismic Projects are high priority. Completion of the project book deliverables is critical to proceed with the necessary procurement and construction. 10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Spur Design, LLC 320 NW 10th Street, #A Oklahoma City, OK 73103 11. 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: It is not anticipated that future and similar like requirements will exist. PROGRAM MANAGER CERTIFICATION I hereby certify that the Government s minimum needs in response to the VA s Seismic Corrections Program, which form a basis for the justification, is certified as complete and accurate. _____________________________________ ________________ Sheila Nematollahi-Rad Date Regional Director, Western Region CONTRACTING OFFICER CERTIFICATION Justifications shall be approved in accordance with the approving officials and thresholds specified in FAR 6.304 Approval of the justification- (a) Except for paragraph (b) of this section, the justification for other than full and open competition shall be approved in writing (1) For a proposed contract not exceeding $750,000, the contracting officer s certification required by 6.303-2(b)(12) will serve as approval unless a higher approving level is established in agency procedures. I hereby certify that this justification is accurate and complete to the best of my knowledge and belief. _____________________________________ ________________ Rusty Stevenson Date Contracting Officer CONCURRENCE: Not Required Below $750,000