JA - Milwaukee CPS Sole Source REDACTED.pdf

36C776-26-AP-0454; VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Revision: 04 Effective Date: 11/15/2024

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C776-26-AP-0454

1. Contracting Activity:

The contracting activity for this requirement is the Department of Veterans Affairs, Veterans Health Administration (VHA) Program Contracting Activity Central (PCAC).

2. Nature and/or Description of the Action Being Approved:

This justification is in support of a new, single award, Firm-Fixed-Price (FFP) contract for an Architectural-Engineering (A-E) firm to provide Construction Period Services (CPS) in support of the EHRM Infrastructure Upgrades NRM Construction project at the Clement J. Zablocki VA Medical Center (VAMC) in Milwaukee, WI.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The original design project was to provide the drawings and specifications for infrastructure upgrades under the EHRM program. The work to complete Project 695-21-700 for EHRM Infrastructure Upgrades at Milwaukee VAMC includes general construction, alterations required for civil, structural, fire suppression, plumbing, mechanical, electrical work and certain other items as described in the specifications and drawings. The design is completed. The construction solicitation cannot be issued, though, until a replacement A-E firm is under contract to provide required Solicitation Support services and continuing CPS.

The original design task order did not execute available options for Part II services, which include Solicitation Support Services, Construction Period Services (CPS), As-Build Validation (CPS), and Site Visits (CPS). These option line items are critical for a project of this magnitude.

The replacement A-E shall provide Construction Period Services during the entire construction period (construction contract’s period of performance) in which this project is being built. The period of performance for Construction Period Services is anticipated to be approximately 54 months from issuance of the Notice of Award of this contract. The anticipated award date is April 01, 2026. The estimated cost of the CPS is , broken down as follows:

CLIN Description Estimate

Total IGE:

Effective Date: 11/15/2024

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S.

Code § 8127(c), as implemented by FAR 6.302-5 (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:

(X) 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

5. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

38 U.S.C. 8127(c) states, in part, “…a contracting officer at the Department may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if -

a. Such concern is determined to be a responsible source with respect to performance of such contract opportunity;

b. The anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) but will not exceed $5,000,000; and

c. in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.

The implementing regulations at VAAR 819.7008 (b) & (c) [DEVIATION] state in part:

(b) “The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer...”

(c) “A determination that only one SDVOSB can meet the requirement is not required…”

The proposed source for this acquisition is CB Design Group, Inc.

CB Design Group, Inc., located at 421 King St. STE 301, Alexandria, VA, 22314-3121; a certified SDVOSB by U.S. Small Business Administration (SBA). CB Design Group is technically qualified for this project as they have been awarded numerous VA EHRM design projects. A review of the Contractor Performance Assessment Reporting System (CPARS) has confirmed CB Design Group’s ongoing, successful past performance on VA design projects including EHRM Infrastructure design projects.

The VA’s Contracting Team has determined that CB Design Group is the most qualified to perform the required services for this project, as they hold the requisite skillset along with a good working relationship with a key subcontractor that has been involved with important aspects of this project’s accepted design. The key subcontractor is IMEG Corp., whose continuity of services is deemed highly important to minimize the impact of the Government’s termination of the design’s prime contractor due to insolvency and inability to continue on as a going concern. Award to CB Design Group, Inc. will be made provided that a fair and reasonable price is negotiated.

Effective Date: 11/15/2024

6. 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 FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:

In accordance with the Class Deviation from the VAAR 819.7008(b), Sole Source Awards to Service Disabled Veteran-Owned Small Business Concerns, the Contracting Officer’s determination whether to make a sole source award is a business decision. For the reasons stated herein, and specifically, in response to Paragraph 5, the undersigned Contracting Officer has determined CB Design Group is a qualified, responsible SDVOSB.

A special notice announcing the proposed contract action was posted to SAM.gov | Contract Opportunities, the government’s point of entry (GPE). The Justification and Approval (J&A) document will be posted within 14 days after award in accordance with FAR Subpart 6.305. The award synopsis will be posted to GPE in accordance with FAR Subpart 5.301(a)(1).

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

Reasonable:

Based on the authorities cited in this justification, a sole source award is proposed pending negotiation of a fair and reasonable price for the work to be performed. It is expected that negotiations and technical analysis will result in a price which compares favorably to the Independent Government Estimate. The Contracting Officer may need to conduct additional analysis before reaching a fair and reasonable price determination.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted:

Market research techniques used to identify potential sources for this requirement include contacting knowledgeable individuals in Government regarding necessary capabilities to most effectively meet requirements and querying the SBA’s website where Certified Veteran firms can be verified through a Small Business Search.

A Notice of Intent to Sole Source was posted to the System for Award Management (SAM). Through the aforementioned efforts, two potential companies are identified as interested in this work.

responded to the Notice of Intent to Sole Source, but it is not clear that they are able to perform the work. CB Design Group, Inc. is a verified SDVOSB and is deemed fully capable of performing this project. CB Design Group, Inc. is certified in VetCert and this action is expected to be below the aforementioned $5 million threshold.

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

CB Design Group is a Service-Disabled Veteran Owned Small Business (SDVOSB) with a successful past performance history on VA EHRM projects. CB Design Group also has an existing working relationship with a subcontractor, IMEG, whose ongoing involvement with this project is considered key to maintain continuity from the project’s accepted design as the project moves into CPS. Award to another SDVOSB A-E firm would conceivably add additional risk to the VA, as resources to adequately and timely answer technical questions posed during construction solicitation may not otherwise be present without this subcontractor’s involvement - introducing additional project risk impacting both cost and time. A sole source award to CB Design Group is thus deemed to be in the

Effective Date: 11/15/2024 government’s best interest to successfully acquire required construction solicitation A-E support and Construction Period A-E services for the EHRM Infrastructure Upgrades project at Milwaukee VAMC.

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

The following A-E firms have expressed interest in this project:

a. CB Design Group, Inc.

b.

11. 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:

N/A. This requirement originates from Termination for Default of the original A-E firm, Romanyk Consulting Corp., due to insolvency and ceased operations. Romanyk Consulting completed the project design, which was accepted by the Government. The associated, FY 26 solicitation for a construction contractor is being delayed until a replacement A-E firm is in place to provide required support to the Government.

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.

James Beier 2026.01.15 15:33:08-06'00'

James Beier, PE Date Healthcare Engineer Milwaukee VAMC

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Richard Webb Date Contracting Officer Program Contracting Activity Central

RICHARD

WEBB

Digitally signed by

RICHARD WEBB

Date: 2026.01.27 16:15:57 -05'00'

Effective Date: 11/15/2024

b. One Level Above the Contracting Officer (Required when > $750K): I certify the justification meets requirements for other than full and open competition.

Nicholas Sparks Date Contracting Officer

c. Director of Contracting (Required with HCA Approval): I certify the justification meets requirements for other than full and open competition.

Richard Dahmen Date Director of Contracting

d. 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 approve ($900K to $90 million) for other than full and open competition.

Daryl A. Berg Date Executive Director, RPO Central Head of Contracting Activity

02/10/2026

NICHOLAS

SPARKS

Digitally signed by

NICHOLAS SPARKS

Date: 2026.01.30 08:46:18 -05'00'

RICHARD

DAHMEN

Digitally signed by

RICHARD DAHMEN

Date: 2026.02.09 14:34:08 -05'00'

DARYL BERG

Digitally signed by DARYL

BERG

Date: 2026.02.10 07:00:21 -06'00'