JA 679-19-101 _ Signed.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For Other than Full and Open Competition (<$350K)

Acquisition Plan Action ID: 36C247-26-AP-0985

1. Contracting Activity: Department of Veteran Affairs, VISN 7 Construction 1

2237:679-26-1-5688-0003

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount:

Project 679-19-101 | Correct Critical Access and ADA Deficiencies B61-CPS

The scope of this requirement encompasses the provision of engineering support for activities following contract award related to the designated construction project. The key objective is to retain the Architect-Engineer (A-E) Designer of Record (DOR) throughout the bidding process and the full duration of the construction phase.

Services required include, including, but not exclusively limited to, assessing and approving construction submittals, preparing detailed responses to contractor Requests for Information (RFIs), implementing necessary design adjustments, and engaging in site inspections and coordination meetings. These efforts aim to ensure that the original design concepts are faithfully executed, properly modified when needed, and accurately interpreted during construction, ultimately ensuring the successful delivery of a comprehensive, operational, and code-compliant facility consistent with the initial design intent.

3. Statutory Authority Permitting Other than Full and Open Competition:

(X) (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;

( ) (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;

4. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used:

The existing design contract has been fully executed, achieving 100% completion; however, it no longer encompasses scope provisions for construction period services. BARRY DAVIS ARCHITECTS PC | UEI - TNG7W7GU2G34 has been designated as the Designated Owner’s Representative (DOR) for the referenced project. The DOR has conducted thorough site investigations, actively engaged in all phases of project development, and possesses an authoritative understanding of the foundational basis underlying the design decisions. The decision to omit the retention of the DOR for the construction phase—specifically, for Construction Period Services (CPS)—may introduce increased design-related costs to the Government, pose risks of schedule delays, and potentially impact subsequent project outcomes, including patient care delivery and facility operational capacity.

5. Description of market research conducted and results or statement why it was not conducted:

The initial design was acquired through Contract 36C24719N0732, utilizing Architect-Engineer (AE) selection procedures in accordance with FAR 36.6. Given that the DOR retain responsibility for the design, there are no alternative sources eligible for solicitation of construction period services under existing procurement constraints. Prospective design firms must demonstrate comprehensive expertise in identifying and mitigating potential issues that may arise during project execution and must assume full liability for all aspects of the design.

Currently, there appears to be a lack of firms willing to accept this level of liability, thereby constraining the pool of qualified providers and limiting competitive options.

6. Contracting Officers Certification:

The projected cost is considered valid and appropriate upon evaluation against the IGCE, previous contract cost, and historical procurement data for comparable projects.

Ryan Crispin Date Contracting Officer

Prepared By Kimberly Devlin

Date

Contract Specialist

RYAN

CRISPIN

Digitally signed by RYAN

CRISPIN

Date: 2026.02.05 14:39:33 -05'00'