Loren Data's SAM Daily™

FBO DAILY ISSUE OF MAY 16, 2012 FBO #3826
DOCUMENT

99 -- PM ROADS AND PARKING SERVICES - Justification and Approval (J&A)

Notice Date

5/14/2012
 

Notice Type

Justification and Approval (J&A)
 

NAICS

561790 — Other Services to Buildings and Dwellings
 

Contracting Office

Department of Veterans Affairs;Network Contracting Office - 8;Tres Rios Bldg;27 Gonzalez Giusti Ave, Suite 600;Guaynabo PR 00968
 

ZIP Code

00968
 

Solicitation Number

VA24812R1125
 

Archive Date

4/12/2012
 

Point of Contact

AMERICA QUINONES-GONZALEZ
 

E-Mail Address

America.Quinones-Gonzalez@va.gov
(AQG@va.gov)
 

Small Business Set-Aside

N/A
 

Award Number

VA248-12-C-0165
 

Award Date

4/2/2012
 

Description

J&A DULY SIGNED BY ALL CONCERNED PARTIES. DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Other Than Full and Open Competition 1.Contracting Activity: Department of Veterans Affairs, VISN 8, VA Caribbean Healthcare System, San Juan, Puerto Rico. The Purchase Request No. is 672-12-3-516-0018. This procurement is for the Facility and Management Service, Roads and Parking Maintenance Services. 2.Nature and/or Description of the Action Being Processed: This procurement is intended to provide all labor, equipment and supervision to render complete parking lot maintenance as indicated, and other related services at the VACHS, 10 Casia Street, San Juan, Puerto Rico, as required. The contract type is the firm-fixed price. This is not a follow-on contract. 3.Description of Supplies/Services Required to Meet the Agency's Needs: The services to be rendered are mainly preventive maintenance and painting, as required, of the parking lot spaces; excluding AMA Parking areas, which are part of the lessor responsibilities. This short-term contract will be awarded as a sole source to the incumbent as authorized by the following statement: 8(a) Businesses Section 8(a) of the Small Business Act authorizes SBA to contract for goods and services with federal agencies. SBA then subcontracts actual performance of the work to socially and economically disadvantaged small businesses, which have been certified by SBA as eligible to receive these contracts. The major advantage of this program is that it allows the government to contract, on a noncompetitive basis, with socially and economically disadvantaged small businesses. SBA also offers managerial, technical, and financial support to participating firms not to exceed $3 million per contract. Department of Transportation (DOT) gives special emphasis to identifying procurement requirements for matching with the capabilities and potential of approved 8(a) firms. DOT has obtained special authority from the SBA to negotiate directly with 8(a) firms on the behalf of SBA. Program participation is divided into two stages. The developmental stage is designed to help 8(a) certified firms overcome their economic disadvantage by providing personalized business assistance in expanding their business and fostering meaningful business relationships. This period covers years one through four of a firm's participation. The transitional stage is designed to help program participants become more effective in both the large business and government sector market in dealing with complex business deals and to prepare them for post 8(a) program expansion and development. Formal certification is required by the SBA. This period occurs from the fifth through the ninth year of the firm's participation in the program. Businesses must meet eligibility requirements established by the SBA each year including pre-established 8(a) vs. non-8(a) revenue mixes. 4.Statutory Authority Permitting Other than Full and Open Competition: As per FAR 6.302-5 the above mentioned statement written on Item #3 authorizes to continue with the firm certified on the 8(a) Program; as the one that have been providing these services for the past five (5) years, Casablanka Contractors, Inc. Mr. Sandy Gerber, SBA at (973) 645-3729 clarified that the agency doesn't have to compete if the Contractor is performing as an acceptable level, and is financially responsible to continue providing services on the 8(a) Program. ( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1; ( ) (2) Unusual and Compelling Urgency per FAR 6.302-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3; ( ) (4) International Agreement per FAR 6.302-4 ( X ) (5) Authorized or Required by Statute FAR 6.302-5; ( ) (6) National Security per FAR 6.302-6; ( ) (7) Public Interest per FAR 6.302-7; 5.Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): As per Mr. Sandy Gerber from SBA at (973) 645-3729 the company that is 8(a) certified can continue providing services under the designated program; if the firm has shown an acceptable level of performance and financially capable of doing it. It is not required to compete (Section 8(a) of the Small Business Act authorizes SBA to contract for goods and services with federal agencies. SBA then subcontracts actual performance of the work to socially and economically disadvantaged small businesses, which have been certified by SBA as eligible to receive these contracts. The major advantage of this program is that it allows the government to contract, on a noncompetitive basis, with socially and economically disadvantaged small businesses. SBA also offers managerial, technical, and financial support to participating firms not to exceed $3 million per contract.) Even though that explanation, the long-term procurement will be competed as a Cascading LPTA: it will include SDVOSB, VOSB, and Small Businesses with the required NAICS code to perform these duties. The company that receives the award shall demonstrate to be technically acceptable, as well as a proposing a fair and reasonable price to the Government; taking into consideration the historical data available. 6.Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Five (5) records were found in the CCR as SDVOSB's and eleven (11) records found as VOSB under NAICS Code 561790 for the Puerto Rico area. This data will be used and updated subsequently for the long-term procurement. For purposes of this short-term contract this data will not be taken into consideration. It will emphasize the FAR authority to continue services with a well-known 8(a) company that is performing currently for the past five (5) years with no complaints. If they are interested to continue bringing these services after September 30, 2012, they will have to compete it although they can continue, as per 8(a) Program Authority up to nine years for full development. 7.Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: Contractor will be required to submit a proposal based on the most recent changes in parking area available to be served. The area to be served had been considerable reduced; in addition, several parking areas were included in the lessor's responsibilities (AMA Parking Areas). No certified cost or pricing data will be required since this is a commercial item, however, historical data will be taken into consideration for evaluation of fair and reasonable pricing 8.Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Research conducted on Vetbiz for 561790 NAICS code showed only two businesses: GIRE Developments Corp which was found in DOL violations, and Project Management Solutions which is the owner of PRESCO. This last, although not determined as conducting fraud by the OIG investigator, doubts about his technical capability to perform are present. His main business is construction, and not this type of industry. He is performing the Deodorizing Services contract for which he has requested equitable adjustment despite it was awarded as a firm-fixed price, and the Government has serious concerns about the deodorizer used for more than a year because Contractor couldn't provide evidence of its purchase. 9.Any Other Facts Supporting the Use of Other than Full and Open Competition: The long-term contract for these services is in process, and will be open for competition using the Cascading method: SDVOSB' s, VOSB's and Small Businesses. It will be Lowest Price Technically Acceptable. 10.Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: See Section VI above. 11.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: The long-term procurement is under peer review at this moment, and will continue the PALT accordingly. It is expected to be completed and ready for award by October 1, 2012; competing using Cascading method: SDVOSB, VOSB, and Small Businesses that demonstrate to be competent in this industry; the selection and award is planned to be for the lowest price technically acceptable. 12.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 and belief. SIGNED NameDate Title: ECO/COR Facility 13.Approvals in accordance with FAR 6.304: Authority to keep the contract on the 8(a) program as awarded for the previous long-term one currently in place until his expiration on March 31, 2012. a. Contracting Officer's Certification: (required) I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. MARY JANE GUGLIANODate Contracting Officer Facility 672-VACHS SAN JUAN b.Product Line Supervisor (PLS1: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. SIGNED March 28, 2012 Name AWILDA PERALESDate Contracting Supervisor Facility 672- VACHS San Juan c.DNCM NCM: (SAT to $500,000) I certify the justification meets requirements for other than full and open competition. Mitchell J. ThomasDate Network Contract Manager VISN 8 d.SAO: I certify the justification meets requirements for other than full and open competition. David FitzgeraldDate Director Service Area Office, East e.VHA HCA Review and Approval: (over $500,000) I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and recommend approval (over $50 million), approve (up to $ 50 million) for other than full and open competition. Norbert S. DoyleDate Chief Procurement and Logistics Officer VHA Head of Contracting Activity (HCA) f.VA Deputy Senior Procurement Executive Approval (over 510 not exceeding $50 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition. Iris B. CooperDate Deputy Senior Procurement Executive (DSPE) Office of Acquisition and Logistics Department of Veterans Affairs g.VHA Senior Procurement Executive Approval (over $50 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition. Jan R. FryeDate Deputy Assistant Secretary for Acquisition and Logistics Senior Procurement Executive (SPE) Department of Veterans Affairs
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/SJVAMC672/SJVAMC672/VA24812R1125/listing.html)
 

Document(s)

Justification and Approval (J&A)
 

File Name: VA248-12-C-0165 VA248-12-C-0165_ J A.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=339908&FileName=VA248-12-C-0165-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=339908&FileName=VA248-12-C-0165-000.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN02747671-W 20120516/120515000801-99be5aa124f338c0c4ebb2493c3c898d (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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