P03 - JA - Sole Source CPS - Brooklyn Electrical - FE.pdf

VHAPG Part 806.3 OFOC Page 1 of 3 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C242-26-AP-2729

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C242-26-AP-2729

1. Contracting Activity:

The contracting activity for this requirement is the Department of Veterans Affairs, Veterans Health Administration (VHA) Program Contracting Activity Central (PCAC).

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

This justification is in support of a new, single award, Firm-Fixed-Price (FFP) contract for an Architectural-Engineering (AE) firm to provide Solicitation Support Services (SSS) and Construction Period Services (CPS) for project 630A4-16- 43 Upgrade Life Safety Critical Branch Electrical Distribution – Brooklyn VA Medical Center.

Throughout the solicitation period, the A-E shall provide solicitation support services (SSS) to include, but not limited to, attending the pre-bid site-visit meeting and project walk, answering any technical questions/requests for information (RFIs) received from contractors within five calendar days of the date the questions, and providing addenda as necessary if required to revise specs and drawings.

The A-E shall provide CPS throughout the construction period to include, but not limited to, providing responses to any requests for information, reviewing submittals, completing site visit reports, reviewing modification requests, and delivering record drawings.

A total period of performance of 485 calendar days is anticipated: 120 calendar days for SSS and 365 calendar days for CPS.

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

Contract number 36C24219C0106 was awarded to D2X Construction, LLC, on March 22, 2019, by Program Contracting Activity Central (PCAC) in the amount of $1,029,619.00. The final construction drawings were stamped and delivered to the VA on August 24, 2022. The contract was extended to March 22, 2024. The design contract was subsequently closed out on March 22, 2026.

The anticipated award date for this requirement is June 2026. The estimated cost of the SSS and CPS is $343,736.24.

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

( ) (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;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by RFO 6.103-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41

USC §3304(a)(3) as implemented by RFO 6.103-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by RFO 6.103-4

(X) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by RFO 6.103-5;

For this action, 38 U.S.C. 8127(c), known as the Veterans First Contracting Program, provides the authority to directly contract with an SDVOSB or a VOSB. Check the specific VAAR clause used below:

VHAPG Part 806.3 OFOC Page 2 of 3

Acquisition ID#: 36C242-26-AP-2729

( X ) 819.7008 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a verified veteran-owned small business

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by RFO 6.103-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by RFO 6.103-7;

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):

This requirement is for Architect-Engineering services associated with the design, construction, and alteration of real property. The proposed source for this acquisition is D2X Construction, LLC, a registered and verified Service-Disabled Veteran-Owned Small Business, located at 2871 Pinecrest Court, Medford, Oregon 97504

D2X Construction, LLC is the most qualified to perform the required services as they possess all institutional knowledge regarding this project.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed possible (including whether a notice was or will be publicized as required by RFO Part 5 and, if not, which exception under RFO Rul 5 applies):

A SBA Small Business Search query indicated there are 4 verified SDVOSBs under NAICS 541330 within the state of New York and several surrounding states, that could potentially submit on this project.

There are proven performance benefits of having the same A-E firm engage in the CPS as well as the original design, no other options were explored. It was determined by the site, and concurred by the CO, that the high value of the site-specific design experience makes other options far less beneficial to the efficient administration of CPS.

This Justification and Approval (J&A) document will be posted within 14 days after award in accordance with FAR Subpart 6.301. The award synopsis will be posted to GPE in accordance with FAR Subpart 5.301.

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

The market price for the AE’s rates for SSS and CPS will be compared with their rates from the original design portion of this project and from the IGCE. The contracting officer will make fair and reasonable determination prior to the award. PCAC has experience with sole sourcing SSS and CPS in support of construction projects.

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

Market research techniques used to identify potential sources for this requirement include an SBA Small Business Search query and a review and comparison of historical data. A notice of intent to sole source was not required for this project since it is below the simplified acquisition threshold. It is recommended that a sole source award be made to D2X Construction, LLC. D2X Construction, LLC is a Service-Disabled Veteran Owned Small Business concern that has completed the design portion of this requirement. A sole source award to D2X Construction, LLC is in the government’s best interest to successfully complete the CPS for this requirement as they possess all institutional knowledge regarding this project.

The CO has determined that D2X Construction, LLC, who completed the original design package, is the most experienced firm and most likely to successfully perform the CPS without added costs or unacceptable delays.

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

It is recommended that a sole source award be made to D2X Construction, LLC, a Service-Disabled Veteran-Owned Small Business (SDVOSB) concern that has completed the design portion of this requirement. A sole source award to D2X Construction, LLC, is in the government’s best interest to successfully complete the SSS and CPS for this requirement as they possess all institutional knowledge regarding this project.

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Acquisition ID#: 36C242-26-AP-2729

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

At this time there are no firms that have expressed interest in this project.

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:

The Brooklyn VA Medical Center and VHA PCAC will compete future projects on the open market using the procedures established in FAR Subpart 36.102 for A-E procurements.

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.

Nicholas Garcia Date COR/Engineer Brooklyn VA Medical Center

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.

_____________________________ May 13, 2026_______ Richelle N. Gray Contracting Officer Program Contracting Activity Central (PCAC) http://vaww.pclo.infoshare.va.gov/PMWeb/VHAPM_Part_806.3.aspx