Z--JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION TO SERVICE DISABLED VETERAN OWNED SMALL BUSSINESS FOR FIRE STOP INSPECTION, REPORTING AND REPAIR IN THE AMOUNT OF $72,615.15 TO JHC FIRE CONTAINMENT.

Justification for Other than Full and Open CompetitionFire Stop Survey Service for Joint Commission Per the requirements set forth in the Federal Acquisition Regulation (FAR), Parts 6.302, 6.303, and 6.304 the following justification and approval is made regarding the procurement for Fire Stop Service Survey for the Boise VA Medical Center. This award is for JHC Firestop Inc, which is a Service Disabled, Veteran Owned Small Business (SDVOSB) sole source procurement and competitive procedures will not be used. The format for this justification is from the FAR part 6.303-2 and presented in the format prescribed. 1. Identification of the agency and the contracting activity, and specific identification of the document as a justification for other than full and open competition. Agency: U.S. Department of Veterans Affairs Contracting Activity: Contracting Officer (90C) VA Medical Center Boise, Idaho 500 West Fort St. Boise, Idaho 83702 2. Nature and/or description of the action being approved. This justification and approval is for procuring the above stated service. This survey is offered by few venders based on my market research and the only one to the best of my knowledge that is a SDVOSB. 3. A description of the supplies or services required in order to meet the agencies needs (including the estimated value). A VA2237, 531-09-3-5410-0023 and requirements documents were sent to contracting on 19 March, 2009. Upon further research, I found that the nature of this service falls under a broad NAICS code 541350 Building Inspection Services. However the nature of this fire stop work is very specialized and under review for a separate NAICS code. This survey will inspect and correct seven different buildings at the Boise VA Medical Center which will include all fire barriers between floors, installing fire stop materials and preparing a report identifying with photographs the locations of sealed penetrations that do not meet criteria. Independent Government Estimate for this survey, corrective actions and report is $75,000.00. 4. An identification of the statutory authority permitting other than full and open competition. The statutory authority allowing use of other than full and open competition for this requirement is FAR Part 6.302-1(b) (1)(i) (services available from only one source will satisfy the agency requirements) and VAAR 873.104 (a) and (b). This service is being set aside as a sole source to JHC Fire Stop (SDVOSB) per Public Law (PL) 109-461 pursuant to 38 U.S.C. 8127. 5. A demonstration that the proposed contractors unique qualifications or nature of the acquisition requires use of the authority cited. This service is set aside to a SDVOSB with extensive past performance experience with Veterans Affairs Hospitals to include our VISN20 region. 6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a CBD notice was or will be publicized as required by Subpart 5.2 and if not, which exception under 5.202 applies. My determination is based on using a known SDVOSB as allowed by statute and past performance with this contractor. 7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Pricing will be examined upon receiving the bid price and comparing this to the IGE and similar work performed within the VA VISN20 area. 8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted. I looked at VetBiz and CCR to determine business that provides this service. In addition I called other VA contracting officers who recently awarded this type of contract to determine availability of this service by a SDVOSB. 9. Any other facts support the use of other than full and open competition. Nothing else beyond what is documented above. 10. A listing of the sources, if any that expressed, in writing, an interest in the acquisition. N/A. 11. A statement of actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required. Competing this procurement and potentially using another vendor would not benefit the administrative effort by the Government due to the past performance for this specific service previously done for the VA and within the VISN20 region which also is a SDVOSB. 12. I certify that this justification is accurate and complete to the best of my knowledge and belief, and that this procurement action is made in good faith with regard for the public interest. //SIGNED// John MacBride Contracting Specialist Approve //SIGNED// John Kopp VISN 20 East Branch Acquisition Manager