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. Contracting Activity: Department of Veterans Affairs CFM Western Region 3801 Miranda Avenue, Bldg. T601A Palo Alto, CA 94304 Nature and/or Description of Action Being Approved: This justification sets forth the facts and requests approval to execute either an out of scope modification to an existing contract, or enter into a new sole source firm-fixed price (no options) contract on the basis of other than full and open competition with a Large Business (S.J. Amoroso Construction Inc.). This action is in support of COVID-19, for the Polytrauma Blind Rehabilitation Center (Building 500), Electrical and Elevator corrections at the VA Palo Alto Healthcare Facility. Building 500 is a newly constructed 150,000 square foot building equipped with med gas and other critical medical functions currently unusable due to electrical load distribution inconsistencies and elevator issues. Description of Supplies or Services Required to Meet the Agency’s Needs (including the estimated value): The contractor shall provide all labor, material, equipment, supervision, expertise, and incidental items necessary to perform electrical upgrades and elevator repairs for Building 500 (Polytrauma and Blind Rehabilitation Center). Work includes an upgrade of electrical codes, identification of load distribution inconsistencies, re-wiring of patient rooms, common rooms, testing of existing wiring, and issue identification and maintenance for elevators. The total period of performance for this service is forty-five (45) calendar days. The estimated dollar amount for the requirement is $328,906. Authority Permitting Other than Full and Open Competition: FAR 6.302-2 Unusual and compelling urgency. (a) Authority (1) Citations:10 U.S.C.2304(c)(2) or 41 U.S.C.3304(a)(2). (2) When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for. (b) Application. This authority applies in those situations where- (1) An unusual and compelling urgency precludes full and open competition; and- (2) Delay in award of a contract would result in serious injury, financial or other, to the Government. Senior Procurement Executive Memo dated March 15, 2020, revised Emergency Acquisition Flexibilities – Emergency Assistance Activities in support of Global Pandemic for Coronavirus Disease 2019 (COVID-19). FAR 18.104 Unusual and compelling urgency. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Building 500, Polytrauma Blind Rehabilitation Center has been identified by the VA as a potential patient overflow facility in support of COVID-19. Work must begin immediately and has an aggressive period of performance of 45 calendar days. S.J. Amoroso Construction and their electrical and elevator subcontractors are currently performing work at the VA Palo Alto site under a separate major construction contract. Thus, work can begin immediately with no delays due to mobilization, subcontractor coordination, etc. In addition, the electrical subcontractor personnel that completed the work for Building 500 are the same personnel performing work for S.J. Amoroso under this separate contract. This electrical subcontractor has in-depth knowledge of the as-built conditions- current electrical load distributions, wiring configuration, etc. This knowledge is instrumental for identifying issues and completing the work promptly. There are also efficiency synergies realized between S.J. Amoroso/subcontractors, the on-site CFM Project Team, and the VA Palo Alto due to a familiarity and understanding of current processes- coordination and approval of utility shutdowns, requests for Information, commissioning, VA Palo Alto campus access COVID-19 access, etc. Using another vendor will pose significant post-award schedule delay risk and increased costs due to a lack of familiarity with the current as-built electrical conditions. The risk of unforeseen conditions will be significantly mitigated through the use of S.J. Amoroso Construction. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: While there are other vendors who could likely perform this work under normal circumstances, S.J. Amoroso can begin work performance promptly and complete this work in the critical 45 calendar day period of performance. In addition, it is impractical to solicit from small businesses given that the construction work only includes 10% of the work to be performed by the general contractor. Therefore, it is not anticipated that an SDVOSB or VOSB will be able to meet the limitations on subcontracting requirements which requires the contractor to perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees. 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 cost savings due to synergies, in-depth understanding of the as-built conditions, and minimal costs due for mobilization. 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. Although market research shows adequate SDVOSB/VOSB firms exist, given that the construction work only includes 10% of the work estimated to be performed by the general contractor, it is anticipated that 90% of the work will be performed by an elevator and electrical subcontractor. Therefore, it is not anticipated that an SDVOSB or VOSB will be able to meet the limitations on subcontracting requirements which requires the contractor to perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees. Any Other Facts Supporting the Use of Other than Full and Open Competition: Immediate action is necessary for this requirement in support of the President’s declared National Emergency in response to COVID-19. This corrective work once completed will provide for critical COVID-19 patient overflow facilities. The estimated cost of the work is well-below the Simplified Acquisition Threshold (SAT) of $750,000. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: S.J. Amoroso Construction, Inc. 390 Bridge Parkway Redwood City, CA 94065 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. This requirement is in response to COVID-19. PROGRAM MANAGER CERTIFICATION I hereby certify that the Government’s minimum needs in response to this COVID-19 requirement, 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