JA - Sole Source CPS - Big Spring.pdf

VHAPG Part 806.3 OFOC Page 1 of 3 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C776-26-AP-0387

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C776-26-AP-1435

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 (AE) firm to provide Construction Period Services (CPS) for project 519-371 Construct Community Living Center (CLC) Phase III Minor, West Texas VA Health Care System (WTVAHCS) – Big Spring, TX.

Throughout the solicitation period, the A-E shall provide solicitation support services (SSS) to include, but not limited to, answering any technical questions/requests for information (RFIs) received from contractors within five calendar days of the date the questions, and providing addenda as necessary if required to revise specs and drawings.

The A-E shall provide CPS throughout the construction period to include, but not limited to, providing responses to any requests for information, reviewing submittals, completing site visit reports, reviewing modification requests, completing a punch list, and delivering record drawings.

A total period of performance of 610 calendar days is anticipated.

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

Task Order 36C25720D0060 36C25721N0200 was awarded to O’Brien Engineering, Inc. (OEI) on January 7, 2021, by Network Contracting Office 17 in the amount of $950,173.86. This design contract included SSS and CPS; however, the design contract expired and the funds were de-obligated. The CLC Phase III Construction project was submitted to PCAC on December 3, 2025, and is currently being solicited for bids. The CPS contract package was submitted to PCAC by Contracting Officer’s Representative Marcus Fernandez on March 31, 2026, so that technical questions could be answered in a timely manner and any addenda could be included in the construction solicitation.

The anticipated award date for this requirement is May 2026. The estimated cost of the SSS and CPS is $274,275.00.

4. 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;

( ) (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

(X) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by RFO 6.103-5;

For this action, 38 U.S.C. 8127(c), known as the Veterans First Contracting Program, provides the authority to directly contract with an SDVOSB or a VOSB. Check the specific VAAR clause used below:

VHAPG Part 806.3 OFOC Page 2 of 3

Acquisition ID#: 36C776-26-AP-0387

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

( ) (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;

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):

This requirement is for Architect-Engineering (AE) services associated with the design, construction, and alteration of real property. The proposed source for this acquisition is OEI, a registered and verified SDVOSB, located at 17300 Dallas Pkwy., Ste. 1000, Dallas, TX 75248.

OEI is the most qualified to perform the required services as they possess all institutional knowledge regarding this project.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed possible (including whether a notice was or will be publicized as required by RFO Part 5 and, if not, which exception under RFO Rul 5 applies):

A notice of intent to sole source is not required for this action, in accordance with FAR 5.101(b)(2) and FAR 6.103(d).

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

The market price for the AE’s rates for SSS and CPS will be compared with the IGCE and from rates that have been used in previous design projects. The contracting officer will make fair and reasonable determination prior to award.

PCAC has experience with sole sourcing SSS and CPS in support of construction projects. Below is an overview of a similar requirement at another location:

Project # 596-22-700 EHRM Infrastructure Upgrades, Lexington VA Health Care System – Sousley: The original design contract for this project was awarded by Program Contracting Activity Contract number

36C77622C0061 was awarded to Spur Design, LLC. (Spur), on May 31, 2022, by Program Contracting Activity

Central (PCAC) in the amount of $1,355,191.80. The design was completed in June of 2023. The construction procurement package was submitted to PCAC in March of 2025, with the final construction documents from

Spur Design, LLC. (Spur). SSS and CPS was originally accounted for in the award to Spur; however, the

Government did not exercise the options for SSS and CPS due to funding issues related to the construction project. The design contract was subsequently closed out. Since Spur Design was a verified SDVOSB and the original design firm, it was determined to sole source this project to them in accordance with VAAR

819.7007. The estimate provided was in the amount of $419,359.00, for a total performance period of 820 calendar days, to include attendance at the pre-construction meeting, monthly site visits, responses to

Requests for Information (RFIs) and submittals, review of change orders, inspections and testing, work acceptance and providing As-Built drawings. This sole source contract was awarded to the original design firm. The award amount of $347,408.60 was $3,025.77 less than the IGCE.

Historically, when pricing is received from the original AE of record, it has been below the IGCE. This is largely due to the AE’s familiarity with the requirement gained throughout the design. The CO expects the COR's estimate to be fair and reasonable.

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Acquisition ID#: 36C776-26-AP-0387

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 an SBA Small Business Search query, a review of the 19 PCAC Multiple Award Task Order Contracts that support AE services, and obtaining source lists of similar items from the COR. It is recommended that a sole source award be made to OEI. OEI is an SDVOSB concern that has completed the design portion of this requirement. A sole source award to OEI is in the government’s best interest to successfully complete the SSS and CPS for this requirement as they possess all institutional knowledge regarding this project.

The CO has determined that OEI, who completed the original design package, is the most experienced firm and most likely to successfully perform the CPS without added costs or unacceptable delays.

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

It is recommended that a sole source award be made to OEI, a Service-Disabled Veteran-Owned Small Business (SDVOSB) concern that has completed the design portion of this requirement. A sole source award to OEI, is in the government’s best interest to successfully complete the SSS and CPS for this requirement as they possess all institutional knowledge regarding this project.

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

At this time there are no firms that have expressed interest in this project.

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:

WTVAHCS and VHA PCAC will compete future projects on the open market using the procedures established in FAR Subpart 36.102 for A-E procurements.

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.

Marcus Fernandez Date COR/Engineering Technician WTVAHCS – Big Spring, TX

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.

_____________________________ April 23, 2026_____________ Richelle N. Gray Date Contracting Officer VHA Program Contracting Activity Central (PCAC) http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx