Description
Justification for Other than Full and Open Competition Date: 15 May 2018 Contract Number: 36C258 l8C0057 Nomenclature: Emergency Service-Chiller 4 Piping Repair Estimated Delivery or Period of Performance: 7 Days after Award Agency and Contracting Activity: Department of Veterans Affairs NCO22-Gilbert Network Contracting 777 East Missouri, Suite 300 Phoenix AZ 85014 Nature of Action Being Approved: This document is to provide the supporting details surrounding the subject acquisition, awarded under Urgent and Compelling Circumstances IAW FAR 6.302-2. Description of Requirement: Emergency Repairs to repair chiller #4 piping as an emergency service at the Loma Linda VAMC, 11201 Benton Street, Loma Linda, CA 92357. Statutory Authority permitting other than full and open competition: Urgent and Compelling Circumstances IAW FAR 6.302-2, 10 U.S.C. 2304(c)(2) or 41 U.S.C. 3304(a)(2). Circumstances and Support for Urgent and Compelling Requirement: VA Loma Linda has four (4) chillers. Two for primary operation and two back-ups. While chiller #1 is already down for repair, Chiller #4 went down on low flow due to failed condenser valves together with existing piping that causing an obstruction to properly operate one of the valves. Without a backup chiller, the medical center could lose another chiller which will leave the entire building without cooling and put patients at risk. This lends itself to an emergency in accordance with FAR 6.302-2. A local vendor capable of providing the remediation and repair on short notice is D Square construction, LLC. Description of Solicitation Efforts and Exemptions This contract action is made under the conditions described in FAR 6.302-2 Urgent and Compelling circumstances. Furthermore, this acquisition is posted IAW 5.202(a)(2). Market Research and Price Reasonableness: Due to the urgency of this acquisition, a limited, informal query was conducted of the Federal Procurement Data System (FPDS-NG), System of Award Management (SAM), as well as Vetbiz.gov for potential sources. The Independent Government Estimate (IGE) referenced one vendor with estimated pricing based on previous acquisition history for the same or similar services. Due to the urgency, and stressed timeline of the requirements, D-Square Construction, LLC was able to provide services that met the urgency of need and stressed timeline of this requirement. Determination and Findings: D-Square Construction, LLC has adequate financial resources to perform the contract, or the ability to obtain them (see FAR 9.104-3(a)). The vendor has adequate financial resources to perform the contract with minimal risk to the government, and are financially capable to perform the services in accordance with the Statement of Work and performance schedule. Furthermore, the contractor has successfully completed similar requirements with other VA medical centers and commercial entities on previous acquisitions. Price Reasonableness Determination: It is determined the price is fair and reasonable per FAR I5.404-1(b)(2)(v), the price is fair and reasonable in comparison to the Government estimate. The independent government estimate (IGE) of$29,384.00 was submitted by the requiring activity for this procurement based on market research, informal requests for quotation, previous acquisitions of a similar type, and price comparison to the RS Means unit pricing book. This award is being made pursuant to FAR 6.302-2 Unusual and Compelling Urgency. If award of purchase order were delayed it would further jeopardize the safety of all personnel and patients. Statement of Actions to Overcome Competition Barriers: Continued market research efforts for Service Disabled Veteran Owned Firms capable of quick execution for similar services in future acquisitions. Contracting Officer's Signature: Based on the above, D-Square Construction, LLC, has been determined to be a responsible contractor, in accordance with FAR Subpart 9.1, for performance under Contract No. 36C25818C00S7. ntracting Officer Construction Branch 2 I certify that this information is accurate and complete to the best of my knowledge and belief, and to be in the best interest of the government. - Contract Specialist Construction Branch 2