JOFOC SDVOSB 36C259-26-AP-3396 Emergency Chiller Replacement TEMP signed BC.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format IAW VAAR 819.7008/9

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 3 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: 36C259-26-AP-3396 JOFOC Tracker Number: FY26 - NCO 19 - 1914

1. Contracting Activity: Department of Veterans Affairs, Network Contracting Office 19 (NCO 19), 6162 S Willow Drive, Suite 300, Greenwood Village, CO 80111.

Organizational Activity: Department of Veterans Affairs, Fort Harrison VA Medical Center (VAMC), 3687 Veterans Drive, Fort Harrison, MT 59636.

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

This is a new request for other than full and open competition. NCO 19 intends to award a contract on a sole source basis with a serviced-disabled veteran-owned company (SDVOSB) currently working on-site at the Fort Harrison VAMC. This emergent acquisition is to install a temporary chiller and provide 4 months of cooling to building 154 to support a failing chiller that went down due to a bad starter board. The contract type will be a firm fixed priced contract.

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

On Friday, June 12, 2026, the chiller supporting Fort Harrison’s building 154 went down due to a bad starter board. The chiller is too old to get a new starter board and therefore requires a full replacement chiller. This chiller supports multiple clinical functions and as temperatures begin to rise, the facility will not be able to control the temperature in the affected areas. Due to the rising temperatures in the clinics and extreme temperatures regionally, the facility was forced to reallocate supplies/cooling measures to continue clinical operations, thereby impacting patient care.

The NCO immediately notified the Head of Contracting Activity (HCA) and received written approval the following Monday, proceed with the acquisition as an emergency and send the J&A later for signature. A SDVOSB company that was already onsite, Copper Creek Construction, was contacted and given notice to proceed to begin movement of a temporary chiller from Georgia and start the installation of the plumbing for the temporary chiller. Continued cooling measures are in place on a very temporary basis while the temporary chiller is relocated to the Fort Harrison VA Medical Center. The accepted price for this part of the acquisition is $440,421.00.

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):

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 3

Effective Date: 12/15/2025

Copper Creek Construction is a certified SDVOSB currently performing similar work on the Fort Harrison VAMC campus. The company’s knowledge of the facility and ability to immediately mobilize to begin remediation efforts enabled immediate response and prevented further distress on the chiller system. In accordance with VAAR 819-7008 and 38 U.S.C. 8127(c), award will be made to Copper Creek Construction. The company is determined to be a responsible source with respect to performance, the acquisition is below $5,000,000, and the award will be made at a fair and reasonable price.

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:

Due to the emergent nature of this acquisition, only one company was solicited. This is the first part of a procurement for temporary chiller (transport, installation and rental) and replacement chiller.

Future construction projects will be solicited to the maximum extent possible. This J&A will be published in accordance with regulation.

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

The Contracting Officer evaluated the proposed price in comparison to the independent Government cost estimate (IGCE) and has determined the price is fair and reasonable. This determination is within the contract file.

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

Market Research Was Not Conducted:

Limited market research occurred for this acquisition due to the emergent nature. Copper Creek Construction was selected since they were currently on site at Fort Harrison VAMC and are currently performing similar work and have first-hand knowledge of the plumbing work on the station. Copper Creek Construction is a certified SDVOSB and the action is below the $5M threshold.

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

None. This acquisition is being procured in accordance with the authority stated in 38 USC 8127(c).

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

No other companies expressed interest in this acquisition. Given the emergent nature, the Contracting Officer only contacted one company.

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:

Due to the emergent nature of this acquisition, the Government proceeded on a sole source basis to ensure immediate remediation due to summer weather and increased temperatures on the site.

This is not a recurring contract, and therefore no further actions are planned. Future construction requirements will be solicited to the maximum extent possible.

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.

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

VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 3 of 3

Effective Date: 12/15/2025

Gregory Riccaldo Date Project Engineer Fort Harrison 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.

Robyn Young Date Contracting Officer

NCO 19

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.

Lance Davis Date Branch Chief, Construction 2

NCO 19

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

Date6_af_date: 7/31/26