Replace Coils in Building 4

DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition Acquisition Plan Action ID:

36C245 25 AP 2450

Contracting Activity: Department of Veterans Affairs, Network Contracting Office 5 Nature and/or Description of the Action Being Approved: 819.7008 Sole source award to a certified service disabled veteran owned small business Description of Supplies/Services Required to Meet the Agency s Needs: Contractor shall furnish all labor, materials, equipment, and supervision necessary to perform general construction to replace the failed HVAC coil(s) in building 4 at the Hershel Woody Williams VA Medical Center Huntington, West Virginia 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).

COs may use the non competitive (sole source) procedures authorized in VAAR 819.7008 (DEVIATION) or VAAR 819.7009 (DEVIATION) up to $5,000,000. Check the specific VAAR clause used below:

( X ) 819.7008 Sole source awards to a certified service disabled veteran owned small business; Or ( ) 819.7009 Sole source awards to a certified 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 contracting officer has the authority to award sole source awards to SDVOSB based on 38 U.S.C.

8127(c) and that the SDVOSB concern has been determined to be a responsible source with respect to performance and meets the requirements stated in 819.7003(DEVIATION).

Description of Efforts Made to ensure that offers are solicited from as many potential sources asdeemed 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: The contractor was the original contractor who installed the fan coil units that burst not due to warranty issues. Building is still under warranty except those fan coils due to a lack of proper care that was exercised during the winter.

Note: The system was custom made for the building. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The independent government estimate is 11% higher than the contractor s proposal. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Contractor is listed in SBA VetCert.

Any Other Facts Supporting the Use of Other than Full and Open Competition: None Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None 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: Once the warranty of construction completed on the building has expired unless emergent, will be competed in the future.