JOFOC 648-22-100.pdf

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 4 Revision: 05 Effective Date: 12/15/2025

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C260-24-AP-5440

1. Contracting Activity: Department of Veterans Affairs (VA), Veterans Health Administration, Regional Procurement Office West, Network Contracting Office (NCO) 20, in support of the Veterans Integrated Service Network (VISN) 5, Vancouver VA Medical Center.

2. Nature and/or Description of the Action Being Approved: This justification and approval for other than full and open competition is being requested to support a proposed new sole source firm-fixed-priced contract to Skytek LLC, for project 648-22-100, Renovate Building 20 Consolidated Dental Services, Vancouver Medical Center. This project was originally postured for the Multiple Award Task Order (MATOC) seed project.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: In general, the project includes providing renovations, alterations and finishes to complete five dental treatment rooms, additional supporting rooms, and restroom. The overall space for renovation is 2,018 square feet. The period of performance is 365 days. The estimated value is $ which was developed by the Architect-Engineer (AE) of record.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC

§3304(a)(5), 38 U.S. Code § 8127(c), 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:

(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):

Skytek LLC, a Small Business Administration (SBA) certified Service-Disabled Veteran Owned Small Business (SDVOSB) vendor, has demonstrated their capability and understanding of similar work required to complete projects with a North American Industry Classification System (NAICS) of 236220 and is currently mobilized on this site on other projects. Skytek LLC has provided adequate documentation demonstrating technical capability to meet the VA need, positive past performance information (to include Contractor Performance Assessment Reporting System (CPARS) data). The Contracting Officer anticipates receiving fair and reasonable pricing. Skytek LLC has been an active SDVOSB contractor supporting the VISN since 2009, with $ in contract obligations. This SDVOSB award will be based on 38 U.S.C. 8127(c) and the SDVOSB concern, Skytek LLC has been determined to be a responsible source with respect to performance. Additionally, the CO has determined https://www.va.gov/oal/library/vaar/vaar819.asp#8197008 https://www.va.gov/oal/library/vaar/vaar819.asp#8197009

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 4

Effective Date: 12/15/2025 the vendor meets eligibility requirements outlined in 819.7003(DEVIATION). The anticipated award price of the contract will not exceed $5 million.

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 RFO 6.301 and, if not, which exemption under RFO 5.101(b)(1) applies: This project was originally postured for the MATOC seed project therefore all the sources sought synopsis, pre-solicitation notices, solicitation, and amendments were posted against that notice. Since the MATOC will not be finalized by the end of the fiscal year, this will now be awarded as a sole source SDVOSB contract. This will allow the project to move forward ensuring support and care are rendered to the Veterans. The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer.

While it is understood there may be additional SDVOSBs or small business vendors that can meet this VA requirement, Skytek LLC is expected to submit pricing considered fair and reasonable, can respond quickly and has demonstrated positive past performance. This has been determined by the contracting officer, to be a best value to the VA.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Pricing for this contract will be based on the Seed Project pricing submitted under the MATOC. The contracting team will conduct a review of the cost and compare it to the IGCE that was developed by the A-E of record. Based on previous project pricing, Skytek LLC is known to provide fair and reasonable pricing. There is every expectation that the price quoted will be fair and reasonable. In addition, a Divisional breakdown of pricing will be obtained from Skytek for comparison with the government’s IGCE.

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

Reasons Market Research Was Not Conducted: An inquiry for NAICS code 236220 was conducted on the SBA site resulting in 4541 Service-Disabled Veteran-Owned Small Business, 90 of the companies residing in Washington State, Skytek LLC being one of the 90.

An inquiry of Skytek LLC., on SAM.gov resulted in 131 awarded actions valued at $ were awarded to the company via NCO 20. Although market research confirmed the presence of capable SDVOSBs, the Contracting Officer has determined that proceeding with a direct SDVOSB award is justified under 38 U.S.C. 8127(c) and VAAR

819.7008 (DEVIATION). The VA is approaching the fourth quarter of the fiscal year and must redirect internal contracting manpower toward larger, more complex actions that have greater operational and clinical impact. Awarding this requirement using a direct SDVOSB sole source supports operational efficiency, reduces administrative burden, and enables the VA to expedite necessary renovation to the five dental treatment rooms, while redirecting workforce capacity for higher-priority acquisitions. The CO verified through SBA Small Business Search and SAM.gov that Skytek LLC is SDVOSB certified and eligible for award and are capable of meeting the VA needs.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None. This award will be under 38 USC 8127(c) and VAAR 819.7008 (DEVIATION).

https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-6#FAR_6_301 https://www.acquisition.gov/far-overhaul/far-part-deviation-guide/far-overhaul-part-5#FAR_5_101

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Effective Date: 12/15/2025

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: A sources sought nor a pre-solicitation notice was issued for the project because it was the seed project for the MATOC solicitation. Through the MATOC procurement Skytek has 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: The Government will continue to conduct market research to ensure future projects with NAICS code 236220 could be solicitated on a competitive basis. It is not anticipated to have any follow-on work for this requirement that would need to be competed. This requirement is a one-time procurement, and the use of SDVOSB sole-source authority under 38 U.S.C. 8127(c) is being exercised to meet the Department’s immediate operational needs.

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.

Date

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.

https://dvagov.sharepoint.com/sites/vhapromanual/SitePages/VHAPM-Part-806.3.aspx

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 4 of 4

Effective Date: 12/15/2025

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $900K): I certify the justification meets requirements for other than full and open competition.

c. 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 recommend approval (if over $90 million) or approve ($900K to $90 million) for other than full and open competition.

JOFOC Tracking number: