H--AITC Diesel Fuel Tank Monitoring/Maintenance (VA-19-00053089)
JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND OPEN COMPETITION Contracting Activity: Department of Veterans Affairs (VA) Office of Procurement, Acquisition, and Logistics (OPAL) Strategic A... JUSTIFICATION AND APPROVAL (J&A) FOR OTHER THAN FULL AND OPEN COMPETITION Contracting Activity: Department of Veterans Affairs (VA) Office of Procurement, Acquisition, and Logistics (OPAL) Strategic Acquisition Frederick (SAC-F) 5202 Presidents Court Suite 103 Frederick, MD 21703 Description of Action: The Department of Veterans Affairs (VA) Austin Information Technology Center (AITC) provides information technology and data-hosting services within the Department and to other Government agencies. VA-AITC provides its services to customers on a 24/7 basis and therefore requires continuous power for its servers, equipment and staff. To ensure uninterrupted power, the VA- AITC uses back-up generators fueled by two diesel tanks (15,000 gallon). The generators have a total continuous fuel consumption rate of approximately 3,000 gallons per 24-hour day. The VA-AITC is required to maintain diesel fuel storage to ensure six days of continuous generator operation between refilling of tanks. The proposed sole source action is for a one-year base and four-year option periods to provide all services and equipment required to properly maintain and support the VA-AITC diesel fuel requirements. Description of Services: A contract with the incumbent contractor, Oil Purification Specialists, Inc. (OPS Fuel Services), is the most appropriate way to acquire uninterrupted power to VA AITC s customers. The contractor shall provide all services and equipment required to properly maintain and support the VA-AITC diesel fuel requirements throughout the contract period. While services shall typically be conducted during normal business hours, services shall be available 24x7 for emergency support during catastrophic or national disasters. The contractor shall provide the support of fully trained staff with the level of experience to accomplish the requirements of the Performance Work Statement. The contractor shall not use any offshore resources in support of the services being provided under this task order. The total value of the proposed action is $484,199.00 (inclusive of options). Statutory Authority: This acquisition is conducted under the authority of the Federal Acquisition Regulations (FAR) Subpart 6.302-1(a)(2), only one source is capable of providing the services required. The agency s need for the services provided by OPS Fuel Services, Inc., is critical within the Department and to other Government agencies and would result in loss of power and unacceptable delays should the agency not be permitted to sole source. Rationale Supporting Use of Authority Cited Above: Subpart 6.302-1(a)(2), When the supplies or services required by the agency are available from only one responsible source, or, for DoD, NASA, and the Coast Guard, from only one or a limited number of responsible sources, and no other type of supplies or services will satisfy agency requirements, full and open competition need not be provided for. The primary impetus for this contract is the delay in services caused by the refining ITC Diesel Fuel Tank Monitoring/Maintenance 2 of 5 of requirements, coupled with the expiration of the existing option period, and also having to re-solicit which took additional time. Efforts to Obtain Competition: The requirement was solicited on the General Services Administration (GSA) eBuy website and no responses were received. Therefore, the requirement was posted to the open market on the Federal Business Opportunities (FBO) website and three (3) quotes were received. Two of the three quotes did not have the required line items. All quotes reviewed by the program manager were determined to be technically incapable, as all three had deficiencies. The incumbent did not provide a quote; however, they were solicited for the proposed sole source effort and as a result provided a quote to the contract specialist. The quote was sent to the technical expert for evaluation and the technical expert indicated OPS Fuel Services, Inc. is currently performing satisfactory, and has satisfactory past performance. An additional benefit, however not requested, is that they use the Centrifugal Method. This method is a sample method, environmentally friendly, and no filters requiring disposal. Other methods create more waste for landfills because of the disposal of dirty filters and does not clean the fuel well. Other methods also have extra cost for disposal of waste materials. OPS Fuel Services, Inc. has been performing the same required services for VA AITC for the past five years under contract VA118A-14-C-0017, and the current option period expires on July 31, 2019. The services performed by OPS Fuel Services, Inc., were awarded via competitive procedures that afforded all companies the opportunity to submit quotations. This sole source contract would allow for continued services with no break in service. In accordance with FAR 5.301, this action will be synopsized at award on the Federal Business Opportunities (FBO) website and the justification will be made publicly available. There is no further competition anticipated for this acquisition based on the information above; however, in an effort to obtain competition for future requirements for VA AITC diesel fuel maintenance, the re-compete contract will be solicited using competitive procedures. Actions to Increase Competition: No barriers to future competition are anticipated. A competitive contract vehicle for future acquisitions is anticipated to be awarded on a competitive basis. Market Research: A sources sought email was sent to 17 SDVOSBs / VOSBs retrieved from VIP VetBiz on April 29, 2019. Zero (0) sources responded to the announcement. The Strategic Acquisition Center Frederick (SAC-F) then issued a Request for Quote (RFQ) on May 7, 2019 via GSA eBuy to 17 vendors. Zero (0) quotes were received. SAC-F then issued an RFQ via the FBO to determine if there were any other sources that could meet the Government s requirements. There were two amendments to the solicitation: Amendment 0001 was to answer vendor questions and update the PWS, and Amendment 0002 was to add the emergency delivery and top off fuel not included in the original PWS. As a result, three timely quotes were received, however two of these vendors did not provide pricing on all CLINs as required in Solicitation Amendment 0002. All three vendors did not demonstrate any capabilities to meet the Government requirements. Based on this market research the Government s technical expert has determined that OPS Fuel Service, Inc., is the only source that can meet the Government s requirements. Regardless of the findings, insufficient time is available for the Government to hold another competition prior to the expiration of the existing contract on July 31, 2019. Furthermore, it is highly probable that potential vendors would not be able to begin performance within a week. Other Facts: None. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief. Name: Wesley Patton Date: 7/24/2019 Wesley G. Patton Digitally signed by Wesley G. 298186 Patton 298186 Date: 2019.07.26 11:32:19 -05'00' General Engineer Signature: Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on price comparison between IGCE provided by the Program Office and the vendor. Name: Caitlin Savina Date: 7/24/2019 CAITLIN SAVINA 682004 Digitally signed by CAITLIN SAVINA 682004 Date: 2019.07.25 08:19:53 -04'00' Procuring Contracting Officer Signature: Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief Name: Caitlin Savina Date: 7/24/2019 CAITLIN Digitally signed by CAITLIN SAVINA 682004 SAVINA 682004 Date: 2019.07.25 08:19:23 -04'00' Procuring Contracting Officer Signature: Approval In accordance with VA Procurement Policy Memorandum (PPM) (2013-01), based on the foregoing justification, I hereby approve the acquisition of diesel generator fuel maintenance, on an other than full and open competition basis pursuant to the statutory authority cited in paragraph 4 above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition. Name: Todd Synder Date: 7/24/2019 Todd S Synder Digitally signed by Todd S Synder 655155 Title: Contracting Officer Signature:655155 (must be one level above the contracting officer)
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