Description
VHAPG Part 808.405-6 Limiting Sources Request for Limited Sources Justification Format >SAT Effective Date: 02/01/2022 Page 1 of 4 LIMITED SOURCES JUSTIFICATION ORDER >SAT FAR PART 8.405-6 Acquisition Plan Action ID: 36C247-23-AP-1152 (1) Contracting Activity: Department of Veterans Affairs, VISN 7, Network Contracting Office 7 on behalf of the Atlanta VA Medical Center located at 1670 Clairmont Rd, Decatur, GA 30033. 2237: 508-23-2-539-0040. (2) Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). Order against: FSS Contract Number: GS-OOP-15-BSD-1134 Name of Proposed Contractor: Georgia Power Company Street Address: 241 Ralph McGill Blvd. NE, Utility Services Bin 10210 City, State, Zip: Atlanta, GA 30308 Phone: 770-969-6609 (3) Description of Supplies or Services: The estimated value of the proposed action is {REDACTED} Non-personal professional services to comprehensively analyze the existing Atlanta Combined Heat and Power (CHP) project [508-13-400, Install CHP Plan and Replace Boilers] and develop Courses of Action (COAs) for operation aka Feasibility Study . Services will include review of the existing project documents (drawings, spec, narrative), design compliance review (electrical, mechanical, physical security, fire/safety, etc.), current construction site conditions, modifications and issues to date, maintenance and operations procedures and manuals, utility/interconnectivity agreements, as-built drawing review, and utility coordination aka Engineering & Design Study . A minimum of four reasonable alternative analyses including one with the original design intent shall be provided. (4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor s unique qualifications to provide the required supply or service. FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays: FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized; Georgia Power is the sole contractor on the GSA Public Utility Areawide Contract that is authorized to receive awards under this program. This is a unique contract mechanism which requires mandatory use by the General Services Administration. FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures. FAR 8.405-6(b): Items peculiar to one manufacturer: A patent, copyright or proprietary data limits competition. The proprietary data is: These are direct replacements parts/components for existing equipment. The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. (5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination: The price has already been determined to be fair and reasonable. Given that the utility company owns the power grid and has a contract via FSS this strategy represents the best value to the government with the least amount of risk. (6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted. Market Research was conducted. Status of the Construction: The construction contract for project, 508-13-400 Atlanta Combined Heat and Power (CHP) Plant Construction was awarded on 9/30/2014 and construction work commenced on 1/5/2015. The construction is approximately 86.4 % complete. The original construction completion date (CCD) is 6/28/2016 (540 days) and the original contract award amount was $29,787,954. The current contract amount is $34,505,698+ (15.86% increase) and as of 9/5/2022, the project is 2,260 days behind schedule. There have been over 30 contract modifications due to unforeseen site conditions, AE design errors and omissions, and owner/utility requests. Project Goals: The existing main power service from Georgia Power will need to be rearranged to accommodate the parallel connections, including the installation of a new Georgia Power meter and a new customer owned intertie circuit breaker. Per discussions with the Georgia Environmental Protection Division (GA EPD), the CHP Plant can be permitted as a Synthetic Minor Air Source under current State of Georgia emissions regulations. Georgia Power owns and operates an onsite power substation with eight (8) 2000kVA transformers 480V, eight (8) 3000A protectors, 480V bus work inside vault, and Primary and secondary terminations. There is no interconnection to sell back power currently. The interconnectivity and area wide agreement with Georgia Power will expire in 2024, but it is renewable up to 25-years. Given the highly specialized nature of the services to be included there are no other feasible contractors that can meet the government s requirement. Southern Company is the owner and operator of the electrical grid around the Atlanta VA Medical Center and has special rights to the power grid as the utility owner. (7) Any Other Facts Supporting the Justification: None. (8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made: Not applicable to this acquisition. Georgia Power is the owner of the power grid and the only contractor that can meet the government s requirement. Services to conduct this study can only be accomplished using the utility owner. (9) Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4. //ORIGINAL SIGNED// Darryl Ray General Engineer Atlanta VA Medical Center (10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: a. Contracting Officer s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. //ORIGINAL SIGNED// Thomas Nicholls Contracting Officer Network Contracting Office 7 Charleston Site Team b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition. //ORIGINAL SIGNED// Jason Compton Branch Chief, NCO 7