JA 619A4-23-105 _Renovate Building 10-CPS SIGNED.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For Other than Full and Open Competition

Acquisition Plan Action ID: 36C247-26-AP-1149

Contracting Activity: Department of Veterans Affairs, VISN 07, Central Alabama Veterans Healthcare System (CAVHCS). Administration of the contract will be performed by the Network Contracting Office (NCO) 7, Construction 1. The purchase request number for this requirement is 619-26-1-5374-0002

Nature and/or Description of the Action Being Approved.

Project 619A4-23-105 | Renovate Building 10-CPS The scope of work entails providing AE for post-award activities related to the awarded construction contract for the designated project. The primary objective is to retain the Architect-Engineer (A-E), Designer of Record (DOR) throughout the solicitation process and for the entire duration of the construction phase. These services include, but are not limited to, reviewing construction submittals, preparing responses to contractor Requests for Information (RFIs), implementing necessary design modifications, and actively participating in site visits and construction meetings as required. The is to be executed under a Firm Fixed Price (FFP) contractual arrangement.

This contract aims to reestablish Construction Period Services (CPS) with the original AE firm responsible for the design. CPS may include participation in pre-bid and pre-construction meetings, RFI responses, submittal reviews, expert input on design documents, additional drawings and specifications, site visits, and related activities. Although the design was completed under a previous contract, CPS was previously descoped and the contract closed. The estimated value of this contract is $244,064.77. The Period of Performance (POP) will align with the construction timeline, which has not yet been determined. The award date for the construction phase is also pending.

Statutory Authority Permitting Other than Full and Open Competiton.

41 USC §3304(a)(5), 38 U.S. Code § 8127(b), as implemented by RFO 6.103-5 (Authorized or Required by Statute). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 (DEVIATION) or VAAR 819.7009 (DEVIATION)- up to $5,000,000.

Check the specific VAAR clause used below:

819.7008 Sole source awards to a certified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a certified veteran-owned small business

Demonstration that the Contractor’s Unique Qualification and/or Nature of the Acquisition

Requires the Us of the Authority Cited Above (applicability authority).

The Government intends to sole source the contract to Apogee Consulting Group, P.A., a Service- Disabled Veteran-Owned Small Business (SDVOSB). Pursuant to VAAR 819.7008 and 38 U.S.C.

8127( ), sole source awards are permitted to SDVOSBs. As the Designer of Record (DOR), Apogee has been deemed responsible for performance. Prior to award, Apogee must meet all business eligibility criteria specified in VAAR 819.7003.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by RFO 6.301 and, if not, which exemption under RFO 5.101(b)(1) applies. The government plans to award a sole source contract to SDVOSB firm Apogee for this requirement, in accordance with applicable regulations. Market research was conducted, and no other sources were considered for these AE services. A Pre-Solicitation Notice (36C24726R0031), which explains the intent to sole source, was posted on 2/11/2026, complying with RFO 36.102-2 and the requirements outlined in RFO 5.101. The Justification and Approval (J&A) will be posted on SAM.gov after award, as mandated by RFO 6.301.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable.

Based on the cited authorities, a sole source award to Apogee Consulting Group, P.A. is proposed, pending the negotiation of a fair and reasonable price. It is expected that negotiations will yield a price comparable to the Independent Government Estimate. Note that the price for Construction Period Services (CPS) was previously negotiated with Apogee under contract 36C24726C0007 and was deemed fair and reasonable. The Government will use both the Independent Government Estimate and the previous contract’s pricing to verify fairness. All relevant discussions and negotiations will be documented in the Price Negotiation Memorandum in the contract files.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted.

The SBA Small Business Search tool identified 5,120 SDVOSB firms nationwide under NAICS 541330 that could potentially perform the required tasks. In Alabama, 163 SDVOSB firms were found likely capable. Many AE firms may also be able to perform this work.

However, it would be inefficient for the Government to solicit and evaluate multiple SDVOSB firms. Instead, the Government can sole source the CPS work to the designing firm under VAAR 819.7008 as a follow-on contract.

Any Other Facts Supporting the Use of Other than Full and Open Competition.

This proposed contract constitutes a follow-on to the previously descoped contract 36C24723C0057.

The AE CPS services included in this solicitation were originally through Solicitation 36C24726R0031, in accordance with applicable requirements. The inclusion of these services in the current contract ensures continuity and consistency. Sole sourcing to the designated Designer of Record (DOR) is justified to reduce overall project lead times and facilitate prompt access to the DOR’s expertise pertinent to their design documentation. This approach aims to optimize project delivery efficiency by leveraging the DOR’s specialized knowledge and established working relationship.

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition.

Apogee Consulting Group, P.A. (DOR).

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.

Future FY 2026 SDVOSB sole source awards in the best interest of the VA may be rotated to other SDVOSB’s determined responsible.

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.

Rodney Hardy Contracting Officer’s Representative (COR)

CAVHCS

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP – Contracting Officer: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Gregory Snyder Contracting Officer

Prepared By Kimberly Devlin Contract Specialist