N-- Replace 336 spray nozzles in the top water pan on bldg 7 cooling tower. Repair rusted pipe.

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION Agency: Department of Veterans Affairs Contracting Activity: Acquisition Service Center (VISN 9/90), 1639 Medical Center Pkwy, Suite 400 Murfreesboro, TN 37129 THIS SECTION TO BE COMPLETED BY THE REQUESTING SERVICE. 1. Nature and/or description of the action being approved. Replace 336 spray nozzles in top water pan and repair rusted water feed piping in top water pan in cooling tower located on roof of building 7 at the VAMC, Memphis, TN 38104. 2. The supplies or services required to meet the agency's needs (including the estimated value). The estimated cost of the work is $6120.00. 3. Demonstration that the proposed contractor's unique qualifications or the nature of the acquisition requires use of the authority cited. Whitt Service is the supplier that can supply the nozzles and make the repairs in one day. If we can't get this cooling tower repaired asap the temperatures in building 7 (SCI) could reach a critical level and cause patients to be moved or discharged, appointments cancel, wards shutdown until we get the unit back to 100% capacity. Timing is critical due the current weather conditions. With the temperatures in the 90's to 100's and humidity averaging 70% to 80% we cannot provide the proper Temperature and humidity range to maintain the building 7 (SCI) at a satisfactory temperature level for the patients and employees Once again it is imperative that Whitt Service be utilized for their access to these parts and availability. 4. Other facts supporting the use of other than full and open competition. Whitt Service is a small business and Service Disabled Veteran Owned company. 5. Actions if any the agency may take to remove/overcome any barriers to competition before subsequent acquisitions. This is an emergency need and must be processed immediately to meet required air temperatures in the Medical Center building 7 (SCI). 6. Technical or requirements personnel certification. I hereby certify that the supporting data which 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), and which forms a basis for the justification, are complete and accurate. THIS SECTION TO BE COMPLETED BY THE CONTRACTING OFFICER. 7. Statutory authority permitting other than full and open competition. 6.302-2 -- Unusual and Compelling Urgency. (a) Authority. (1) Citations: 10 U.S.C. 2304(c)(2) or 41 U.S.C. 253(c)(2). (2) When the agency's need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for. (b) Application. This authority applies in those situations where (1) An unusual and compelling urgency precludes full and open competition, and (2) Delay in award of a contract would result in serious injury, financial or other, to the Government. 8. 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. Engineering was in the process of starting to get quotes when the heat index reached levels of 110-120 degrees. The decision was made to get the repair done before a catastrophic malfunction occurred due to extreme environmental conditions. This procurement is under $25K and therefore is not required to be publicized. 9. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable. Due to the fact that this was an emergency there was no information readily available to determine that pricing was fair and reasonable. Whitt Services has performed services on numerous occasions in the past for the Memphis VAMC at a fair and reasonable cost. Per the attached price analysis, the cost is considered to be fair and reasonable. 10. Description of the market research conducted and its results, or a statement of the reason market research was not conducted (see Part 10). There was no time to perform market research as this was an emergency repair situation. To delay would have put a large portion of the Memphis VA hospital in jeopardy of losing air conditioning which would cause a tremendous financial burden on the Government and in the form patient moves/discharge, appointment rescheduling, and loss of facility usage. Additionally, this would put a burden on VA patients due to moves and appointment rescheduling. 11. A listing of the sources, if any, that expressed in writing an interest in the acquisition. 1. Whitt Services 12. Contracting Officer's certification. I hereby certify that the above justification for other than full and open competition is accurate and complete to the best of my knowledge and belief.