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DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C262-24-AP-2115 Contracting Activity: Department of Vetera... DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C262-24-AP-2115 Contracting Activity: Department of Veterans Affairs, VISN 22, Network Contracting Office -22, on behalf of Greater Los Angeles VA Healthcare System, Sepulveda VA Medical Center. 2237: 691-24-2-5090-0597 Nature and/or Description of the Action Being Approved: The Greater Los Angeles VA Healthcare System, Sepulveda VA Medical Center requires a modification to an existing contract (36C26220C0175) for landscaping services. The Government intends to issue a firm-fixed price modification to the existing contract 36C26220C0175 that is outside the general scope of the contract. The Government intends to issue modification with the following changes: Extend the period of performance of contract 36C26220C0175 by two months from 01/19/2024 to 03/19/2024. Remove Pest Control Services provided within line item 2001. Resulting in a $1,500.00 monthly decrease to line item 2001. Line Item 2001 is hereby decreased by $1,500.00 from $45,453.00 to $43,953.00. Extend the period of performance of line item 2001 by two months from 01/19/2024 to 03/19/2024. Remove Golf Course Maintenance Services provided within line item 2002. Resulting in a $2,950.00 monthly decrease to line item 2002. Line item 2002 is hereby decreased by $3,850.00 from $6,800.00 to $2,950.00. Extend the period of performance of line item 2002 by two months from 01/19/2024 to 03/19/2024. Delete line item 2003 from the proposed extension. Extend the period of performance of line item 2004 by 2 months from 01/19/2024 to 03/19/2024. Edit Statement of Work paragraph 4.4.6 to remove scope of work: Tree Trimming ; Contractor is still responsible for all other tree care except for the trimming of trees. Edit Statement of Work paragraph 4.6.4 to remove scope of work pertaining to pest control services; Contractor is not required to perform any further pest control services other than monitoring the grounds. Description of Supplies/Services Required to Meet the Agency s Needs: Contract 36C26220C0175 is for groundskeeping and landscaping services for the Greater Los Angeles VA Healthcare System, Sepulveda VA Medical Center. This contract contained a base period plus four (4) option years. The Government found it to be in its best interest to not exercise option year three (3) but rather extend services to option year 2 for six (6) months in accordance with FAR 52.217-9 through 01/19/2024. The Government still requires groundskeeping and landscaping services to be performed through modification to 36C26220C0175. The modification shall reflect the following: Extend the period of performance of contract 36C26220C0175 by two months from 01/19/2024 to 03/19/2024. Remove Pest Control Services provided within line item 2001. Resulting in a $1,500.00 monthly decrease to line item 2001. Line Item 2001 is hereby decreased by $1,500.00 from $45,453.00 to $43,953.00. Extend the period of performance of line item 2001 by two months from 01/19/2024 to 03/19/2024. Remove Golf Course Maintenance Services provided within line item 2002. Resulting in a $2,950.00 monthly decrease to line item 2002. Line item 2002 is hereby decreased by $3,850.00 from $6,800.00 to $2,950.00. Extend the period of performance of line item 2002 by two months from 01/19/2024 to 03/19/2024. Delete line item 2003 from the proposed extension. Extend the period of performance of line item 2004 by 2 months from 01/19/2024 to 03/19/2024. Edit Statement of Work paragraph 4.4.6 to remove scope of work: Tree Trimming ; Contractor is still responsible for all other tree care except for the trimming of trees. Edit Statement of Work paragraph 4.6.4 to remove scope of work pertaining to pest control services; Contractor is not required to perform any further pest control services other than monitoring the grounds. The estimated amount for this modification is: $96,456.00. The total contract value (36C26220C0175) of the base and exercised options is: $1,615,392.00 The total estimated contract value of the base and exercised options with the inclusion of this modification: $3,790,056.00. 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). (X) 819.7008 Sole source awards to a certified service-disabled 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 authority as cited above allows sole source awards to Service-Disabled Veteran Owned Small Business (SDVSOB) and Veteran Owned Small Business (VOSB) concerns based on 38 U.S.C. 8127(c). It has been determined that IAW Construction, Inc. (SAM UEI: JMNAHUM151N9) to be a responsible source in respect to performance. Additionally, IAW Construction, Inc. is verified as eligible SDVOSB concern through SBA s Veteran Small Business Certification (VetCert). 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 FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies: This issuance of the proposed contract action to the Government Point of Entry is exempt in accordance with FAR Part 5.202(a)(10). As the proposed contract action is made under the conditions described in FAR Part 6.302-5, Authorized or Required by Statute . This Justification and Approval shall be publicized in accordance with FAR Part 6.305. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Price analysis was conducted on the proposed modification utilizing comparison to the historical pricing on contract 36C26220C0175. The contract was competed via the open market utilizing an SDVOSB Set-Aside and was determined to be fair and reasonable at the time of award. The proposed modification reflects a total monthly price decrease of $11,150.00 from $59,378.00 to $48,228.00. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was not conducted due to the urgency of providing continued grounds maintenance and landscaping services for the Greater Los Angeles VA Healthcare System, Sepulveda VA Medical Center. However, IAW Construction, Inc. was verified to meet the eligibility criteria outlined in VAAR 819.7003 (DEVIATION). IAW Construction, Inc. has been determined to be a responsible source with respect to performance of such contract opportunity; the anticipated award price of the modification (including the base contract and exercised options) will exceed the simplified acquisition threshold, but not exceed $5 Million; and the award of the modification can be made at a fair and reasonable price that offers best value to the United States. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. The authority under 38 U.S.C. 8127(c) authorizes a 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 134 of title 41) 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. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: IAW Construction, Inc. (SAM UEI: JMNAHUM151N9) 1277 Millbrook Rd. Corona, CA 92882 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: Actions have been taken to foster competition for future acquisitions of the services being acquired. Currently, a follow-on competitive acquisition has been issued to the Government Point of Entry (sam.gov) utilizing the solicitation identifier 36C26224Q0390. This follow-on acquisition is for a one-year period of performance to perform grounds maintenance and landscaping services for the Greater Los Angeles VA Healthcare System, Sepulveda VA Medical Center. The offer close date for the solicitation 36C26224Q0390 is January 31, 2024, at 1PM Eastern Time. It is anticipated that an award shall be made no later than February 21, 2024. 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// 1/19/2024 Helena Roba Date NCO-22 Branch Chief (Services 3) Network Contracting Office - 22