Loren Data's SAM Daily™

FBO DAILY ISSUE OF OCTOBER 30, 2010 FBO #3262
DOCUMENT

49 -- POSITIVE PRESSURE FAN EMISSIONS EXHAUST SYSTEM - Justification and Approval (J&A)

Notice Date

10/28/2010
 

Notice Type

Justification and Approval (J&A)
 

NAICS

238290 — Other Building Equipment Contractors
 

Contracting Office

Department of Veterans Affairs;VAMC;10 N Greene St;Baltimore MD 21201
 

ZIP Code

21201
 

Solicitation Number

VA24510RP0305
 

Archive Date

10/9/2010
 

Point of Contact

Troy Graves
 

E-Mail Address

ct
 

Small Business Set-Aside

Veteran-Owned Small Business
 

Award Number

VA512C00986
 

Award Date

9/29/2010
 

Description

Department of Veterans AffairsMEMORANDUM Maryland Health Care System (VAMHCS)Dated 9/28/2010 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION ON THE BASIS OF UNUSUAL & COMPELLING URGENCY 1. CONTRACTING ORGANIZATION: a. The Office of VISN 5 Contracting (BT 90/C) 2. ACTION BEING APPROVED: a. A justification is presented for the use of other than full and open competition on the basis of an unusual and compelling urgency that would seriously injure the Government unless permitted to limit the number of sources from which it solicits bids or proposals. 3. DESCRIPTION OF SUPPLIES OR SERVICES REQUIRED: a. The VAMHCS Facilities and Engineering service has identified a need for a positive pressure fan vehicle emissions exhaust system at the Perry Point Fire Station BLDG 26. The system will be comprised of all equipment, material, parts and labor necessary to provide for the specified percentage of particulate and emissions removal. (See para.7a for estimated value) 4. AUTHORITY: a. As prescribed in FAR 6.302-2 and in accordance with (IAW) statutory authority 41 U.S.C. 253(c)(1) "Competition requirements", the requested actions are permissible. 5. JUSTIFICATIONS BEING PRESENTED: a. Due to the nature of recent findings during an evaluation of the Perry Point fire station, the use of cited authority is required. In accordance with the NIOSH Pocket Guide to Chemical Hazards, as it pertains to diesel exhaust, NIOSH recommends that occupational exposure to carcinogens be limited to the lowest feasible concentration. The operation of a fire department requires the storage and indoor operation of fire apparatus that are generally housed in an enclosed building. The need to keep the apparatus and other vehicles ready for immediate service and in good operating condition, which requires the indoor running of vehicles for response and routine service/pump checks, makes storage in an enclosed area, such as an apparatus bay, necessary. b. The exhaust from all internal combustion engines, including diesel and gasoline-powered engines, contains over 100 individual hazardous chemical components that, when combined, can result in as many as 10,000 chemical compounds. A large majority of these compounds are today listed by state and federal regulatory agencies as being cancer causing or suspected carcinogens. The target components listed by NIOSH/OSHA consist of both hydrocarbon carbon components and compounds, which are produced as both gas-phase and particulate-phase compounds. c. The gases and particulates, which are viewed by NIOSH and OSHA as life threatening, consist of a cancer-causing substance known as polynuclear aromatic hydrocarbons (PAHs). Gases in diesel exhaust, such as nitrous oxide, nitrogen dioxide, formaldehyde, benzene, sulfur dioxide, hydrogen sulfide, carbon dioxide, and carbon monoxide, can also create health problems. According to NIOSH, human and animal studies show that diesel exhaust should be treated as a human carcinogen (cancer-causing substance). 6. ACTIONS TAKEN TO PROMOTE COMPETITION: a. IAW FAR 5.202(a)(2) for synopses of proposed contract actions exceptions, the contracting officer need not submit the notice required by FAR 5.201 when the contracting officer determines that the proposed contract action is made under conditions described in 6.302-2. 7. FAIR & REASONABLE PRICE DETERMINATION: a. The total anticipated cost to the Government of $45,691.00 is deemed fair and reasonable considering negotiated cost reductions in the amount of $12,309.00 less the original price of $58,000. 8. DESCRIPTION OF MARKET RESEARCH: a. IAW FAR Part 10, market research conducted by the VAMHCS Fire Department Service utilizing recommendations from VHA Center for Engineering & Occupational Safety and Health (CEOSH) revealed a compliance deficiency to be resolved specifically through the purchase of positive pressure fans in accordance with NFPA 1500.8.6.2*. 0 There was no research conducted for this requirement because; b. IAW FAR Part 10, market research conducted by the Office of VISN 5 Contracting utilizing direct phone calls to listed GSA contractors revealed that sources who were found within the particular GSA schedule category did not provide the required product/service as stated in the requirement in accordance with CEOSH recommendations. 0 There was no research conducted for this requirement because; 9. OTHER SUPPORTING FACTORS: a. IAW FAR 6.303-2 (a)(9)(iii), "When 6.302-2 is cited" the following data, estimated cost, or other rationale as to the extent and nature of the harm to the Government is presented; NFPA 1500.9.1.6* states that the Fire Department shall prevent exposure to firefighters and contamination of living and sleeping areas to exhaust emissions. Compliance has been mandated and is required without delay due to the immediate health risk of exposure to known carcinogens. It is required that staff not be placed at further risk when such risks are known and that our actions be expediant in order to avoid the repercussions of our delay. 10. SOURCES HAVING EXPRESSED, IN WRITING, THEIR INTEREST: a. Due to the nature of this acquisition and IAW FAR 5.202(a)(2), this requirement was not synopsized and as such, there are no interested sources other than the proposed. 11. ACTIONS NECESSARY TO OVERCOME COMPETITION BARRIERS: a. See paragraphs 6a and 8b above. Additionally, on future acquisitions of the same or similar requirements, fostering competition lies in the ability of the requesting service to foresee areas of continuous improvement; then inform and involve the Contracting Office in their yearly acquisition plan (IAW) FAR 7.102(a)(2) in order to obtain competition to the maximum extent practicable. 12. REQUIREMENTS CERTIFICATION: a. All supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government's minimum needs or schedule requirements or other rationale for other than full and open competition) which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel. /S/9/28/2010 Darwin Benedict/Fire ChiefDate Contracting Officer Technical Representative, 13. APPROVALS: a. Based on the justifications presented above I certify IAW 6.304(a)(1) "Justification approvals not exceeding $650,000", that the circumstances for restricting consideration to an item peculiar to one manufacture are; accurate and complete to the best of my knowledge and belief. 9/28/2010 Troy L. Graves JrDate Contracting Officer, VA Maryland Health Care System 14. REFERENCES: FAR 5.202(a)(2) "Exemptions" FAR 6.302-2 FAR 6.303-2, "Content" FAR Part 6, and Part 10 TITLE 41 - Public Contracts 41 U.S.C. 253(c)(1) "Competition requirements" ATTACHMENTS: -
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/VAMHCS512/VAMHCS512/VA24510RP0305/listing.html)
 

Document(s)

Justification and Approval (J&A)
 

File Name: VA-245-10-RP-0305 VA-245-10-RP-0305.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=160686&FileName=VA-245-10-RP-0305-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=160686&FileName=VA-245-10-RP-0305-000.docx

 

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

Record

SN02318486-W 20101030/101028234020-9e250444cf7d464073a3b04922ae0b73 (fbodaily.com)
 

Source

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

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