JOFOC Form Site Structural.pdf

Attachment 1: Request for SDVOSB Sole Source Justification IAW VAAR 819.7008

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Acquisition Plan Action ID: 36C246-26-AP-2205

1. Contracting Activity:

The Department of Veterans Affairs, Network Contracting Office (NCO) 6, proposes to enter into a contract on the basis of other than full and open competition for the VISN 6 Durham VA Medical Center.

Funding for this requirement has been approved through the Strategic Capital Investment Planning (SCIP) process under NRM Project Application VHA6-558-2023-46746.

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

Network Contracting Office 6 intends to award a new firm-fixed-price sole-source contract to Blue Cord Design and Construction for construction services to Correct Site Structural Deficiencies at the Durham VA Medical Center.

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

The Durham VA Medical Center, located at 508 Fulton Street, Durham, North Carolina, 27705, requires specialized construction services to Correct Site Structural Deficiencies. The work includes structural corrections, fireproofing restoration, site and drainage improvements, and related facility repairs necessary to address life-safety, operational continuity, and compliance issues. Ensuring that all construction activities meet VA standards, including compliance with the ADA, infection control standards, and environmental safety regulations, is critical. The project requires a contractor with specialized expertise in healthcare facility construction, including maintaining critical operations during construction, adhering to safety and cleanliness protocols specific to medical environments, and managing the logistical challenges of working in an active hospital setting.

The sole-source justification is based on the need for a contractor with the necessary skills, experience, and familiarity with VA-specific requirements to ensure successful and timely project completion, evidenced by the contractor’s previous performance on similar VA healthcare facility projects. This project will allow the Durham VA Medical Center to provide the highest level of care for patients. The selected contractor will provide all labor, materials, equipment, and supervision necessary to complete the project, ensuring minimal disruption to ongoing medical services and maintaining a safe environment for patients, staff, and visitors throughout the construction activities.

The total estimated cost of the project is $1,122,178.00. The anticipated award date is May 29, 2026 with a projected construction completion date of May 21, 2027.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by Revolutionary FAR Overhaul (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:

Acquisition Plan Number: 36C246-26-AP-2205 Correct Site Structural Deficiencies

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 4 Revision: 05 Effective Date: 12/15/2025

(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):

In accordance with VAAR 819.7008, the authority cited for this sole-source acquisition allows for sole-source awards to Service-Disabled Veteran-Owned Small Businesses (SDVOSB) under 38 U.S.C. 8127(c). Blue Cord Design and Construction has been determined to be a responsible source with respect to performance and meets the eligibility requirements specified in VAAR 819.7003 (DEVIATION).

A determination that only one SDVOSB can meet the requirement is not required. In accordance with VAAR 806.302-5, contracts awarded under this authority must be supported by written justification and approval as detailed in RFO 6.104-1, as applicable.

For this specific acquisition, Blue Cord Design and Construction possesses unique qualifications essential for the required construction services at the Durham VA Medical Center. Blue Cord Design and Construction has specialized expertise in healthcare facility construction, with a proven track record of successfully completing similar projects within the VA healthcare system. This includes experience in maintaining critical operations during construction, adhering to stringent safety and cleanliness protocols specific to medical environments, and managing the logistical challenges associated with working in active hospital settings.

Furthermore, Blue Cord Design and Construction previous performance on comparable VA healthcare facility projects demonstrates their capability to deliver high-quality results that meet the VA's rigorous standards. This specialized expertise and proven reliability are crucial for the efficient and timely completion of this project, ensuring minimal disruption to medical services and maintaining a safe environment throughout the construction activities.

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:

The Contracting Officer’s determination to award this contract to responsible source is a business decision wholly within the discretion of the Contracting Officer. VA has statutory authority to procure this requirement from a verified SDVOSB concern on a sole source basis IAW 38 USC § 8127(c). It is in the Government’s best interest to solicit from one contractor.

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

Price analysis will be performed and documented prior to award of the proposed contract.

The Contracting Officer will determine the proposed price to be fair and reasonable based on a comparison to the independent government cost estimate.

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

Market research was conducted to identify a capable SDVOSB with the necessary expertise and proven past performance required for the project. This sole-source award ensures that the Durham VA Medical Center can undertake the critical construction project with minimal disruption to ongoing medical services, while maintaining a safe environment for patients, staff, and visitors. The selected vendor has met all the eligibility criteria outlined in VAAR 819.7003(DEVIATION); they are verified as a Certified Veteran firm through the Small Business Search (SBS) site at https://search.certifications.sba.gov, and the action is below the $5,000,000 threshold.

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

None. VA has statutory authority to procure this requirement from a verified SDVOSB concern on a sole source basis in accordance with 38 USC 8127(c).

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: None.

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:

At this time, there are no current actions planned to remove or overcome any barriers to competition for this procurement. Given that this acquisition is a one-time project with a specific and limited timeframe, no subsequent follow-on competitive acquisitions are planned. The sole-source effort is required for the planned duration as it ensures consistency, reliability, and adherence to the VA’s stringent requirements, which are paramount for the project’s success. Additionally, NCO 6 will continue to monitor all future procurements under this authority to avoid making repetitive sole source awards to the same SDVOSB for similar work that would cause the total value to exceed the $5,000,000 threshold.

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.

Michael Proctor Contract Specialist

NCO 6

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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.

Alice Custis Contracting Officer, NCO 6

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.

Vangie Miller Branch Chief, NCO 6

c. NCO 6 Director of Contracting: I certify the justification meets requirements for other than full and open competition.

Irma Ferro Director of Contracting, NCO 6

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

Gerald F. Jacobs Executive Director, Regional Procurement Office East