Attachment 1: Request for Sole Source Justification Format >SAT

The Period of

Performance will align with the construction timeline of 360 days after NTP.

IV. Statutory Authority Permitting Other than Full and Open Competition:

The following statutory authority is cited for this acquisition:

(X) (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.

Additionally, the Veterans First Contracting Program under 38 U.S.C. §8127(b) authorizes sole source awards to verified Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) per VAAR 819.7008 (DEVIATION) for awards up to $5,000,000.

V. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (Applicability of Authority):

Miller-Remick LLC is the only responsible source capable of providing the required Construction Period Services without causing substantial duplication of cost or unacceptable delays because they are the original Designer of Record for Project 534- 24-102 and possess exclusive knowledge of the project’s technical decisions, system interdependencies, and code compliance; the work involves Sterile Processing Services, a critical healthcare environment where misinterpretation of the design by any alternate firm could create safety risks and costly rework; onboarding another A/E firm would require a full independent review and re-certification of the design, resulting in unrecoverable additional costs; introducing a new firm would also delay construction start due to procurement lead time and required design familiarization; and continuity of professional liability under FAR 52.236-23 necessitates retaining the DOR to ensure a single point of accountability and timely resolution of design issues. Therefore, Miller- Remick LLC is the only firm capable of providing these services without the VA incurring substantial additional costs or delays, and they must maintain verified SDVOSB status per VAAR 819.7003 prior to award.

VI. Description of Efforts Made to Ensure That Offers Are Solicited From as Many Potential Sources as Possible (including whether a notice was or will be publicized as required by RFO Part 5):

The following efforts were made to solicit offers from as many sources as practicable:

A Pre-Solicitation Notice 36C24726R0109 announcing the Government’s intent to award on a sole source basis was posted on SAM.gov in accordance with RFO 36.102- 1 and RFO 5.101, providing public notice and an opportunity for interested parties to respond. Market research conducted through the SBA Small Business Search under NAICS 541330 confirmed that although multiple SDVOSB firms offer general A/E

Attachment 1: Request for Sole Source Justification Format >SAT construction. No other firm can provide equivalent oversight without significant risk of design misinterpretation in a critical healthcare space. Retaining the DOR also ensures professional continuity and a single point of accountability for any design issues that may arise during construction. Specifications suitable for full and open competition have not been developed because this requirement, the continuation of CPS by the original DOR for a specific construction-ready design package, is inherently unique. A generic statement of work could not capture the project-specific design knowledge needed without altering the requirement in a way that would not meet the agency’s actual needs.

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

Miller-Remick LLC (Designer of Record), 1040 North Kings Highway, Suite 700, Cherry Hill, NJ 08034.

XI. 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 A/E requirements for this facility will be procured using qualifications-based selection procedures in accordance with the Brooks Act and applicable RFO Part 36 processes, including evaluation board review, selection authority determination, and negotiation with the most highly qualified firm. The VA will also consider set-aside opportunities for SDVOSBs and VOSBs under the Veterans First Contracting Program to promote competition among veteran-owned firms. No follow-on sole source for CPS is anticipated, as this requirement is a one-time, project-specific effort tied to a single construction contract.

XIII. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

Contracting Officer Certification (Required):

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

Name Date Terrence McMillan Contracting Officer, NCO 7