JUSTIFICATION AND APPROVAL (J&A)

FOR OTHER THAN FULL AND OPEN COMPETITION

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1. Agency/Contracting Activity: Department of Veterans Affairs, National Cemetery Administration, Contracting Services

2. Description of Action:

Nature: New Requirement Follow-on Requirement Mod to Existing Purchase Order/Contract Number

Pricing: Firm-Fixed Price Time & Materials Cost

Types of Funds: Minor Construction

Name of Proposed Contractor(s): RBVETCO, LLC Street Address: 100 W Main Street Ste 100 City, State, Zip: Carnegie, PA 15106 Phone: 412-427-3026

3. Description of Services or Supplies: Design-Build construction services to design and build a new maintenance facility at Indiantown Gap National Cemetery due to a recent fire.

Period of Performance: 365 Calendar Days The total estimated value of the proposed action is

4. Authority: The following authorities are for actions other than simplified acquisition.

FAR 6.103-1: Only one responsible source and no other supplies or services will satisfy agency requirements, 41 U.S.C. § 3304(a)(1).

FAR 6.103-2: Unusual and compelling urgency, 41 U.S.C. § 3304(a)(2).

FAR 6.103-3: Industrial mobilization, engineering, development, or research capability; or expert services, 41 U.S.C. § 3304(a)(3).

FAR 6.103-4: International agreement, 41 U.S.C. § 3304(a)(4).

FAR 6.103-5: Authorized or required by statute, 41 U.S.C. § 3304(a)(5).

FAR 6.103-6: National security, 41 U.S.C. § 3304(a)(6).

FAR 6.103-7: Public interest, 41 U.S.C. § 3304(a)(7).

5. Reasons for Authority Cited: This justification is made pursuant to the Veterans Benefits Act of 2003, codified at 38 U.S.C. 8127(c) as implemented by VAAR subpart 819.7008, which authorizes the use of other than full and open competition when contracting with a SDVOSB or VOSB under specific conditions.

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Under this authority, a contracting officer may award a contract to a certified service-disabled veteran-owned small business (SDVOSB) listed in the SBA certification database using other than competitive procedures provided:

a. The anticipated award price of the contract (including options) will not exceed $5 million;

b. The SDVOSB has been determined to be a responsible contractor with respect to performance; and

c. In the estimation of the contracting officer contract award can be made at a fair and reasonable price that offers best value to the Government.

The contracting officer's determination to make a sole-source award under 38 U.S.C. 8127(c) and VAAR subpart 819.7008 is a business decision fully within the officer's discretion when it’s used in the Government’s best interest. Awarding the contract for these services to RBVETCO, LLC is in the best interest of the Government due to its strategic alignment with operational efficiency and cost-effectiveness based on the following:

Immediate Availability and Mobilization: RBVETCO, LLC is already mobilized on-site, eliminating the need for additional mobilization efforts and associated costs. This immediate availability allows the project to commence without delay, ensuring that the new maintenance facility is built as quickly as possible. This is imperative given the urgent need to restore full cemetery operations.

Cost Efficiency: By leveraging RBVETCO, LLC's current presence, the Government can significantly reduce associated costs. RBVETCO, LLC, can share project managers and superintendents across projects, fostering cost savings through streamlined resource allocation. This efficiency results in a more economical solution compared to onboarding a new contractor. Additionally, completing this project promptly as a design-build project will save the federal government $80,000 per year in trailer lease fees, as the cemetery is currently leasing trailers as a temporary facility.

Expedited Project Delivery: Given the immediate need to restore the cemetery's full operational capabilities, RBVETCO, LLC's familiarity with the site and ongoing projects can expedite the design and construction process. Their existing infrastructure, combined with vetted teams readily available, ensures a more rapid completion timeline, thereby minimizing disruptions to cemetery operations and the delivery of veterans' benefits.

In conclusion, awarding this contract to RBVETCO, LLC under a sole-source justification is a business decision that aligns with the Government’s interest in expediting construction, reducing costs, and swiftly restoring full operational capabilities at Indiantown Gap National Cemetery to ensure uninterrupted benefits to Veterans. This approach reflects a practical and efficient strategy to address an unforeseen requirement while ensuring fiscal responsibility and operational continuity.

6. Actions to Increase Competition/Market Research: Although this acquisition is authorized as a sole-source award to a certified SDVOSB under 38 U.S.C. 8127(c) and VAAR 819.7008, the Contracting Officer will continue to promote competition among certified SDVOSBs/VOSBs for similar future requirements, consistent with the VA Rule of Two in 38 U.S.C. 8127(d) and VAAR 819.7006–819.7007. For follow-on or comparable projects, the Contracting Officer will conduct

-3-market research to identify additional capable, certified SDVOSBs/VOSBs and will consider competitive set-asides when there is a reasonable expectation of receiving two or more offers at fair and reasonable prices. Given the urgent, site-specific nature of the requirement and the presence of a certified, responsible SDVOSB already mobilized and performing at Indiantown Gap National Cemetery, the Contracting Officer determined that a sole-source award to RBVETCO, LLC under 38 U.S.C. 8127(c) and VAAR 819.7008 is in the best interest of the Government.

7. Fair and Reasonable Price Determination: As the Contracting Officer, I hereby determine that the anticipated cost to the Government for this contract action is expected to be fair and reasonable and is in the overall best interest of the Government. A price analysis will be conducted in accordance with FAR Part 15 and applicable VAAR part 815 guidance to support the final determination of fair and reasonable pricing.

8. 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.

SIGNATURE: ___________________________

NAME: Daniel P. Kinney TITLE: Contracting Officer

Contracting Activity Advocate for Competition Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief. I approve this sole source procurement under the cited authority, subject to the availability of funds, and provided that the services described herein have been authorized for acquisition and are purchased at a fair and reasonable price.

SIGNATURE:

NAME: Ronald W. Hirtle TITLE: Advocate for Competition, NCA

DANIEL KINNEY Digitally signed by DANIEL KINNEY Date: 2026.03.02 17:31:06 -06'00'

RONALD HIRTLE Digitally signed by RONALD HIRTLE Date: 2026.03.03 13:13:37 -05'00'