Inactive

DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Exception to Fair Opportunity Memo Acquisition Plan Action ID:___ 36C245 23 AP 3582__________________ 1. Contracting Activity: : Departmen... DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Exception to Fair Opportunity Memo Acquisition Plan Action ID:___ 36C245 23 AP 3582__________________ 1. Contracting Activity: : Department of Veterans Affairs, VISN 05, Hershel Woody Williams Medical Center located in Huntington WV 2. Description of Action: Sole source for a follow on task order to complete Construction Period Services. 3. Description of Supplies or Services: Construction Period Services for Improve Temperature and Humidity SPS project 581 17 100 4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i): ( ) FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. ( ) FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. ( x ) FAR 16.505(b)(2)(i)(C): The order must be issued on a sole source basis in the interest of economy and efficiency because it is a logical follow on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order. ( ) FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee. ( ) FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source . The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service Disabled Veteran Owned Small Business (SDVOSB) or a Veteran Owned Small Business (VOSB). 5. Rationale Supporting Use of Authority Cited Above: Firm is a SDVOSB contractor and the architect of record for the project 581 17 100. Project in construction, project is delayed no fault of the AE firm. Current contract can no longer be extended. A sole source task order from the existing IDIQ is appropriate. 6. Efforts to Obtain Competition: A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable. None, the firm is the AE of record. 7. Actions to Increase Competition: Describe actions taken, or that will be taken, to remove or overcome any barriers to competition before initiating any subsequent acquisitions for the supplies, or services required, including challenges to restrictive data markings, data rights, preparation of a performance based work statement, and etc. None, the firm is the AE of record. 8. Market Research: Provide a description of the market research conducted among the contract holders and the results. If market research was not conducted, the reasons it was not conducted should be stated. When citing FAR 16.505(b)(2(i)(b) or FAR 16.505(b)(2)(i)(e), the only possible way to state in paragraph 5 of the J&A that there is only one contractor who can fulfill the agency s needs is to conduct market research, and it should be summarized here. None, the firm is the AE of record. 9. Determination that Anticipated Cost is Fair and Reasonable: A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: Utilized last year pricing from available IDIQ, which was already determined to be fair and reasonable. 10. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.