Description
DEPARTMENT OF VETERANS AFFAIRS Justification and Approval (J&A) For Other Than Full and Open Competition (>SAT) Acquisition Plan Action ID: 36C248-26-AP-3417 Contracting Activity: Department of Veterans Affairs, Veterans Healthcare Administration (VHA), Regional Procurement Office (RPO) East, Network Contracting Office (NCO) 8, San Juan Services & Commodities Team. Nature and/or Description of the Action Being Approved: This procurement is for an emergency short-term Firm Fixed Price (FFP) bridge contract for Janitorial and Cleaning Services at the VA Caribbean Healthcare System (VACHS) & Mayaguez Outpatient Clinic (MOPC), in accordance with RFO 6.103-1 and 12. OS-DB-JV-2 LLC (OS-DB) shall provide the necessary supervision, labor, supplies, materials and equipment to render complete janitorial services at the aforementioned locations. The Product Service Code (PSC) for this procurement is S201 (Housekeeping Custodial Janitorial). Federal Information Technology Acquisition Reform Act (FITARA) does not apply to this procurement. Description of Supplies/Services Required to Meet the Agency s Needs: The required services for Healthcare Aseptic Cleaning Services at VACHS are needed in a short-term basis, due to a protest filed related to the solicitation for the follow-on Janitorial Services at VACHS & MOPC (RFP no. 36C24825R0040). It was determined that a stay of award of the follow-on contract had to be placed in accordance with RFO 33.105-2(a), to allow for GAO to make a determination of such protest. Since the current contract for Janitorial Services at VACHS & MOPC (contract no. 36C24821C0013) expires on 04/30/2026, a short-term bridge contract is needed. The period of performance of this bridge contract shall be as follows: Base Period: May 1, 2026 July 31, 2026 Option Period 1: August 1, 2026 August 31, 2026 Option Period 2: September 1, 2026 September 30, 2026 Option Period 3: October 1, 2026 October 31, 2026 Note: These option periods will be exercised at the Government s discretion, depending on GAOs determination. Statutory Authority Permitting Other than Full and Open Competition: ( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by RFO 6.103-1; (X) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by RFO 6.103-2; ( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by RFO 6.103-3; ( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by RFO 6.103-4 ( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by RFO 6.103-5; ( ) (6) National Security per 41 USC §3304(a)(6) as implemented by RFO 6.103-6; ( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by RFO 6.103-7; Demonstration that the Contractor s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The VACHS has an unusual and compelling need for these services, and failure to obtain such services in a timely will result in a situation in which there is a threat of immediate harm to health, welfare, and safety of life. Furthermore, the agency s mission could be compromised if patient safety and well-being are threatened due to potential safety and infection issues that may arise if these services are not provided. The contractor that currently provides these services can perform this urgent requirement according to the Performance Work Statement (PWS), and in time for the beginning of the Period of Performance of such. In order to continue providing services in a consistent manner and without interruption, VACHS has determined that the incumbent contractor, OS-DB has the knowledge, capability, and competency to complete the work and is a responsible source that can meet the facility s mission. OS-DB s current employees are fully trained in the hospital environment setting. This vendor has full knowledge of the Federal and Commonwealth of Puerto Rico laws, Center for Disease Control (CDC), and the Department of Health regulations. Additionally, employees are fully competent as per The Joint Commission (TJC). A short-term award to such vendor on a sole-source basis for this critical requirement will allow sufficient time for the procurement of a long-term contract. OS-DB has the personnel resources, equipment capabilities, and experience to perform the work according to VA s requirements immediately. Description of Efforts Made to ensure that offers are solicited from as many potential sources as possible (including whether a notice was or will be publicized as required by RFO Part 5 and, if not, which exception under RFO Part 5 applies): The proposed sole source contract action is with the incumbent Contractor, because between the date the protest was received (04/01/2026), and the expiration of the current contract (04/30/2026), there is not sufficient time to compete this requirement, and allow for a possible transition between the incumbent and a successive contractor. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: The anticipated price to the Government is based on current market prices and applicable Collective Bargaining Agreement (CBA) and Department of Labor (DOL) fringe benefits rates. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted in an expeditious manner, because these services are considered an emergency. The facility cannot continue to operate without these services, and the resulting award shall be considered as a Bridge Contract, which will allow sufficient time for the protest filed at GAO related to the Janitorial Services at VACHS & MOPC long-term follow-on contract to be resolved. Any Other Facts Supporting the Use of Other than Full and Open Competition: As previously stated, a Competition in Contracting Act (CICA) stay of award had to be issued on the contract resulting from the long-term follow-on solicitation, to allow for GAO to make the determination on the received protest. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: The current vendor for these services in our facility, OS-DB. 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: This proposed action is for a short-term bridge contract, which will allow sufficient time for GAO to make their determination on the received protest, and for a long-term contract to be awarded. To avoid interruption of janitorial services it is in the best interest of the Government to award a contract to the incumbent OS-DB, while the protest is resolved. 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. ________________________ ___________ Chief, Environmental Management Program Date Facility Management Service Approvals in accordance with the VHAPM Part 806.3 OFOC SOP: Contracting Officer Certification: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. ________________________ ___________ Contracting Officer Date San Juan Services & Commodities Team One Level Above the Contracting Officer: I certify the justification meets requirements for other than full and open competition. ________________________ ___________ Branch Chief Date San Juan Services & Commodities Team VHA RPO HCA Review and Approval: 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 for other than full and open competition. ________________________ ___________ Head of Contracting Activity, East Date