Justification and Approval_SDOVSB_619a4-24-102.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) for Other Than Full and Open Competition

Acquisition Plan Action ID: 36C247-26-AP-1109

1. Contracting Activity

Department of Veterans Affairs, VISN 07, Central Alabama Veterans Healthcare System (CAVHCS). Administration of the contract will be performed by the Network Contracting Office (NCO) 7. The purchase request number for this requirement is 619- 26-1-5335-0003.

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

This proposed contract action will be for the acquisition of Architect Engineer (AE) Construction Period Services (CPS) for demolition, construction, and inspection of all construction work on this project. A Firm Fixed Price contract is contemplated for this proposed acquisition.

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

This is for Construction Period Services. This may include participation in pre-bid and pre-construction conferences, answering Requests for Information (RFIs), reviewing submittals, providing expert insight into the AE Design documents, preparing additional Drawings and Specifications as needed, completing Site Visits, and similar actions. Design was previously completed on another contract, but CPS services were descoped and the contract closed out. This proposed contract action seeks to reestablish CPS services with the AE firm that originally designed the construction documents. The estimated value of this acquisition is $90,457.60, and the Period of Performance (POP) will match the Construction POP, which is yet to be established.

The planned award date for the Construction portion of this project is yet to be determined.

4. Statutory Authority Permitting Other than Full and Open Competition.

41 USC §3304(a)(5), 38 U.S. Code § 8127(b), 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).

The Government plans to sole source to a Service-Disabled Veteran Owned Small Business (SDVOSB), Apogee Consulting Group, P.A. VAAR 819.7008 allows sole source awards to SDVOSBs based on 38 U.S.C. 8127(b). The SDVOSB concern who is also the Designer of Record (DOR), Apogee, has been determined to be a responsible source with respect to performance. Apogee will be required to meet business eligibility requirements as listed in VAAR 819.7003 prior to award.

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.

A sole source acquisition to an SDVOSB firm, Apogee, is planned for this requirement as permitted by the above citations. Market research was conducted, but no other sources were sought to provide these AE services. However, a Pre-Solicitation Notice explaining the Government’s intent to sole source, 36C24726R0042, was posted on 2/12/2026 as required by RFO 36.102-2 and in accordance with the Pre-solicitation requirements listed in RFO 5.101. This J&A is to be posted to SAM.gov as required by RFO 6.301 after award.

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 to Apogee Consulting Group, P.A. is proposed pending negotiation of a fair & reasonable price. It is expected that negotiations will result in a price which compares favorably to the Independent Government Estimate. It should be noted that the price for Construction Period Services (CPS) was negotiated previously with Apogee on contract 36C24723C0152, and the price was determined fair and reasonable. The Government will use both the Independent Government Estimate and the pricing from the previous contract to confirm fair and reasonable pricing, and all pertinent discussions and negotiations will be recorded in the Price Negotiation Memorandum in the contract files.

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

The SBA Small Business Search tool revealed 4,515 SDVOSB firms under NAICS 541330 Nationwide which are potentially capable of performing similar tasks as required by this acquisition. The same search was conducted for the state of Alabama and found 141 SDVOSB firms who are likely capable. Numerous AE firms can likely perform the work on this contract. However, it would be unnecessarily burdensome to the Government to solicit, evaluate, and contract to another SDVOSB firm when the Government can Sole Source to the Designing firm to complete CPS via VAAR

819.7008 as a follow-on contract to awarded to the Designing firm.

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

This proposed contract is a follow-on of a previously descoped contract, 36C24723C0152.

These AE CPS services were previously competed under Solicitation 36C24723R0061 as required, and the same services are being included in this follow-on, proposed contract.

Sole sourcing to the designer of record (DOR) will allow the Government to decrease lead times for award of the Construction project and ensure the DOR is readily available to provide expertise in relation to their own Design documents.

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

Apogee Consulting Group, P.A. (DOR).

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.

Future FY 2026 SDVOSB sole source awards in the best interest of the VA may be rotated to other SDVOSB’s determined responsible.

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.

Adia Foster Contracting Officer’s Representative (COR)

CAVHCS

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

ADIA FOSTER

Digitally signed by ADIA

FOSTER

Date: 2026.02.12 12:47:06 -06'00'

Officer: I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Gregory Snyder Contracting Officer

NCO 7