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FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 26, 2016 FBO #5390
DOCUMENT

S -- Municipal Waste Collection Service - Justification and Approval (J&A)

Notice Date

8/24/2016
 

Notice Type

Justification and Approval (J&A)
 

NAICS

562111 — Solid Waste Collection
 

Contracting Office

Department of Veterans Affairs;Jack C. Montgomery VA Medical Center;ATTN: P&C, 90c;1011 Honor Heights Drive;Muskogee OK 74401-1318
 

ZIP Code

74401-1318
 

Archive Date

10/31/2016
 

Point of Contact

Tony D Mathews
 

E-Mail Address

7-3923<br
 

Small Business Set-Aside

N/A
 

Award Number

VA256-16-C-0142
 

Award Date

9/1/2016
 

Description

DEPARTMENT OF VETERANS AFFAIRS Network Contracting Office [NCO] 16 Muskogee, Okla. Sole Source to Woman Owned Small Business (WOSB) 1.Nature and/or Description of the Action Being Processed: NCO 16 intents to sole source the removal and transport of municipal waste to a local Woman Owned Small Business [WOSB] "The Local WOSB: oWhittinghill Disposal Service Inc. 6000 S. Cherokee St Muskogee Okla. 74403 "Service will provide for: oJack C. Montgomery VA Medical Center 1011 Honor Heights Dr. Muskogee Okla. 74401 [The City of Muskogee is a much smaller city located about 45 Mins to an Hour Southeast of Tulsa, Okla.] This will be a firm fixed priced contract with base period with (4) 1 year options to commence Oct 1, 2016 2.Description of Services Required to Meet the Agency's Needs: Major contract performance shall require a license driver trained to operate heavy equipment used to transport the containers used for collection of municipal waste. This service also includes maintenance of the rental containers which will be inclusive to rental fee each month. One container is a Compactor and another one, "open top" Pickups will occur at the main VA Medical center and two locations off site in Muskogee, Okla.-East Clinic and Administration Building. It's estimated that fifty two (52) pickups or dump fee will occur each year (1 pickup per week) for each location on the same day each week. The rental fee and dump for each container will be bill monthly. The service also includes three (3) unscheduled pickups per year to accommodate any trash related to the medical center activities that may result in additional disposal of trash. 3.Statutory Authority Permitting Other than Full and Open Competition: "First- the Federal Acquisition Regulation (FAR) 19.203(c) oAllows a Contracting Officer (CO) to first consider socioeconomic contracting programs such as: "SDVOSB (Service Disable Veteran Small Business) "VOSB (Veteran Owned Small Business) "WOSB programs (Woman Owned Small Business)-economically Disadvantage or Woman-owned small Business "HUBZONE (Historically Underutilized Business Zones) " etc ¦ Before set aside for non-program small business or using a large business "Second-under each of those programs the FAR also gives CO the authority set aside the given program or when the right circumstance exist to sole source one these small business programs without competition. oNOTE 1: Set aside issued under the Department of Veteran Affairs is governed by the Veteran First Program of the "Rule of Two" to qualify for Set-aside for SDVOSB or VOSB oNOTE 2: Small Business Association's (SBA) final rule, that implements the statutory requirement of paragraph (a) (3) of section 825 of the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act of Fiscal Year 2015, Pub L. 113-291, which grants contracting officers the authority to sole sources contract to economically disadvantaged women owned small business concerns and to women-owned business (WOSB) concerns eligible under the WOSB Program. The interim rule became effective on December 31, 2015. The final rule is published in the Federal Register 80 FR 55019 on September 14, 2015. 4.Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The unique or exceptional qualification that a contractor has, would be related to being under a socioeconomic contracting programs that allow exceptions to open competition when all other required resources have been exhausted and fair and reasonable price can be procured from the socioeconomic business under that program without going to a large business-other small business not listed under the programs, for the same service. 5.Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: CO implemented sources to locate and drained all the required resources in accordance with FAR & VAAR [Veterans Affairs Acquisition Regulation] prior to a decision to sole source to the local WOSB-Whittinghill Disposal Service located in the City of Muskogee, Okla. VERY IMPORTANT NOTE: In the event a Set Aside would occur, and regardless what socioeconomic program the solicitation maybe set aside for; there are clause that are required by statue, to be incorporated in the solicitation. Such as: "VAAR 852.219-10 VA Notice of Total-Disable Veteran-Owned Small Business Set Aside "FAR52.219-3 Notice of HUBZone Set-Aside or Sole Source Award (Nov 2011) "FAR 52. 214-14 Limitation on Subcontracting Each clause places a limitation on subcontracting for services. In essences, each clauses state a Fifty (50) percent cost of Contract performance will be spent for the employee of the socioeconomic business. The municipal waste service for the VA's in Oklahoma City and Muskogee Okla. would require ninety (90) percent of contract performance of a licensed and trained driver that has the ability to operate the heavy equipment used to pick-up and transport waste containers. Therefore, if any Set aside that would occur, the socioeconomic business would need to expend at a minimum, fifty percent of the cost of performance of their own employee operating the heavy equipment used to accomplished what is required and subcontractor provide the balance of the forty (40) percent being the maximum the subcontractor could incur by their employee used to operate the same type of heavy piece equipment. Listed below are the milestones of development, prior to CO determination to sole source: "January 29, 2016- A Request for Information (RFI) VA256-16-N-0263 in form of a Questionnaire was posted on Federal Business Opportunity (FBO) website to determine the market of small business that were capable of providing a municipal waste service for either one or both VA Medical Centers located Oklahoma City Okla. and Muskogee, Okla. oThe result of the RFI and what small business returned Questionnaire: "(1) Small Business -Company Operation location: Oklahoma City, Okla.[Stated could provide service only in Oklahoma City] "(2) SDVOSB- Company Operation location: "[1] Gulfport, MS "[1] West Palm Beach FL o[both SDVOSB stated could provide service in both locations] "(1) WOSB- Company Operation location: Muskogee [Whittinghill]-(stated could provide service in both locations) "(3) HUBZONE-Company Operation location: "[1] Oklahoma City, Okla. [only provide service in Oklahoma City] "[1] Lawton, Okla. [ Just over 1 hr. from Oklahoma City-could only provide service in Oklahoma City] "[1] Gulfport, MS [could provide service in both locations] oIn addition to the RFI the CO contact contractors within a 50 Mile radius of each Medical Center by phone and response as follows: "(2) Small Business - both indicate that OKC and or MUS weren't in their service area. "(1) Small Business- never returned the CO phone call after several attempts. "March 2016- A solicitation was issued VA256-16-R-0277: oIn accordance with the VA Veteran First Program and Agency policy, the CO Set Aside for a SDVOSB. "Two proposals were received. "As a result of not meeting the VAAR 852.219-10 VA Notice of Total-Disable Veteran-Owned Small Business Set Aside that list the limitation on subcontracting percentage for one and the other, in not meeting the technical factors, no award was made under the SDVOSB Set Aside for either medical center. "April 2016-A solicitation was issued VA256-16-R-0480. oMarket research indicated that there was sufficient number of HUBZone small business for a Set Aside. FAR52.219-3 Notice of HUBZone Set-Aside or Sole Source Award (Nov 2011), which also required the limitation on subcontracting of at least 50 percent of the cost personnel for contract performance. "The result of the solicitation produce two proposal "One later withdrew their proposal. "The contract was awarded to Sea Coast Disposal-Company operation location is in Oklahoma City- this business did not require any the subcontracting and met the required technical factors to provide the municipal waste service for the Oklahoma City VA Medical Center in Oklahoma City. Okla. However, they could not provide the service for the medical center in Muskogee Okla., because of the distance between the two cities and the minimum requirements needed for the municipal waste service at that health care facility. Determination It is still the CO desires to utilities a small business program for this service. An alternative to utilizing a small business program would be acquiring the small business socioeconomic contracting programs by means of a sole source. Thus, as stated in outset, the CO has located a Woman-Owned Small Business [Whittinghill Disposal], in the City of Muskogee that can provide the municipal waste service at a fair and reasonable price.
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/notices/38f6619e16eda6ea24a8ae767d76ff37)
 

Document(s)

Justification and Approval (J&A)
 

File Name: VA256-16-C-0142 VA256-16-C-0142.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2965714&FileName=VA256-16-C-0142-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=2965714&FileName=VA256-16-C-0142-000.docx

 

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

Record

SN04238200-W 20160826/160824234630-38f6619e16eda6ea24a8ae767d76ff37 (fbodaily.com)
 

Source

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

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