P03 JA Sole Source - ncota 3b_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition

Upon the basis of the following justification, the use of other than full and open competition for the proposed contractual action is hereby authorized pursuant to the authority of 41 U.S.C. 3304(a)(5), FAR 6.103-5, entitled "Authorized or Required by Statute," VAAR 819.7007 Sole Source Awards to a Certified Service-Disabled Veteran-Owned Small Business, and VAAR 819.7008 Requirements for Sole Source Awards to a Certified Service-Disabled Veteran-Owned Small Business.

Acquisition Plan Action ID:

1. Contracting Activity:

Department of Veterans Affairs, Office of Construction and Facilities Management, 425 I Street N.W., Washington, D.C. 20001, in support of the National Cemetery Administration (NCA), National Cemetery of the Alleghenies, 1158 Morgan Rd, Bridgeville, PA 15017.

IPR:

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

The Department of Veterans Affairs, Office of Construction and Facilities Management, is seeking to procure Construction services at the National Cemetery of the Alleghenies, located in Bridgeville, PA. The Government intends to satisfy this requirement through the award of a firm-fixed price (FFP) sole-source contract to Serviam Construction, LLC, a verified Service-Disabled Veteran-Owned Small Business (SDVOSB) and Women-Owned Small Business (WOSB), which will provide professional Construction services to assist VA in completing the construction contract for the National Cemetery of the Alleghenies Phase 3B Completion project.

This is a new requirement. No prior contract exists for this specific requirement.

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

The purpose of this procurement is to obtain a construction contractor to assist VA in the completion of the National Cemetery of the Alleghenies Phase 3B Completion project.

The National Cemetery of the Alleghenies serves Veterans of the greater Pittsburgh metropolitan area, northwestern West Virginia, and southeastern Ohio for burial service to an estimated Veteran population of approximately 258,300. The purpose of this project is to enable the existing national cemetery to continue to provide burial services for eligible veterans in Washington County, Pennsylvania who has been served by this national cemetery since it opened in August 2005.

This proposed development will correct previously Identified Punch List corrections plans and specifications prepared by Integrity Federal Services, dated 03/28/2025.

Period of Performance:

Base Period: 365 Calendar Days from NTP

Final dates will be determined upon award and coordination of the kickoff meeting with the CO providing NTP directly following the meeting.

Independent Government Cost Estimate:

The Contractor shall provide all staffing, materials and equipment as required by the Scope of Work throughout the period of performance.

36C10F-26-AP-0168

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

The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(5), as implemented by FAR 6.103-5, entitled "Authorized or Required by Statute”. In accordance with FAR 6.103- 5(b)(1), agencies may contract without providing for full and open competition when a statute expressly authorizes or requires that the acquisition be made from a specified source. FAR 6.103-5(c)(1) expressly identifies sole-source awards to certain socioeconomic small business concerns (15 U.S.C. chapter 14A) as an example of this authority.

The following statutes and regulations expressly authorize and direct VA to make this award to a verified SDVOSB on a sole source basis, constituting the complete statutory framework under FAR 6.103-5(b)(1):

38 U.S.C. § 8127(c) — Veterans First Contracting Program — Sole Source Authority:

Section 8127(c) expressly authorizes VA to award a contract to a verified SDVOSB on a sole source basis for services contracts with an estimated value not exceeding $5,000,000, provided the Contracting Officer has a reasonable expectation that the SDVOSB can perform the contract at a fair and reasonable price.

The total estimated value of this action ( ) is within the statutory sole source ceiling for construction, satisfying the threshold precondition. The Contracting Officer has a reasonable expectation, based on Serviam’s past performance record, that Serviam can perform at a fair and reasonable price, satisfying the second statutory precondition.

38 U.S.C. § 8128 — Contracting Priority:

Title 38 USC Section 8128 mandates that VA give priority to SDVOSBs and VOSBs in all contracting activities to the maximum extent feasible, establishing a statutory obligation — not merely a preference — that VA structure its acquisitions to benefit these categories of businesses first.

Public Law 109-461, Title V, Sections 502 and 503 — Veterans Benefits, Health Care, and Information Technology Act of 2006:

Public Law 109-461 enacted the Veterans First contracting framework, expressly authorizing VA to deviate from standard competitive procedures to award contracts to verified SDVOSBs. This legislation constitutes express statutory authorization for purchase from a specified class of source within the meaning of FAR 6.103-5(b)(1) and 41 U.S.C. 3304(a)(5).

VAAR 819.7007 (Deviation) — VA Veteran-Owned Small Business Set-Aside Procedures:

VAAR 819.7007 requires the Contracting Officer to consider SDVOSB set-asides before VOSB set-asides, and to set aside acquisitions exceeding the micro-purchase threshold for competition restricted to certified VOSBs when a reasonable expectation exists that two or more eligible certified VOSBs will submit offers at a fair and reasonable price. The Contracting Officer has considered the SDVOSB set-aside requirement and has determined, based on market research documented in Section 8, that the conditions for a competitive set-aside are not met for this specific requirement. The Contracting Officer therefore proceeds under the sole source authority of VAAR 819.7008 as authorized by VAAR 819.7007.

VAAR 819.7008 (Deviation) — Sole Source Awards to Verified Service-Disabled Veteran-Owned Small Businesses:

VAAR 819.7008 authorizes the Contracting Officer to award a contract to a certified SDVOSB listed in the SBA certification database using other than competitive procedures by stating it is a business decision wholly within the discretion of the Contracting Officer. The Contracting Officer has determined that all conditions required by VAAR 819.7008(a) are satisfied, as follows:

(a)(1) — Anticipated Award Price Does Not Exceed $5,000,000: Satisfied. The total estimated value of this action, including all options, is , which does not exceed the $5,000,000 legislative threshold established by 38 U.S.C. § 8127(c). Consistent with VAAR 819.7008(e), this requirement has not been split or subdivided to permit use of this sole source authority.

(a)(2) — Synopsis and Justification Posting: Required. Pursuant to VAAR 819.7008(a)(2), this requirement shall be synopsized and the required justification posted in accordance with FAR 6.301(b) prior to award. The

Contracting Officer shall complete the synopsis posting on SAM.gov and document compliance in the contract file as a condition precedent to contract award.

(a)(3) — Responsibility Determination: Satisfied. Serviam Construction, LLC has been determined to be a responsible contractor with respect to performance, consistent with FAR Subpart 9.1. This determination is supported by the CPARS review documented in Section 8, reflecting 63 records with zero Unsatisfactory ratings across all evaluated performance categories, most records tying directly to construction.

(a)(4) — Fair and Reasonable Price / Best Value: Satisfied. In the estimation of the Contracting Officer, contract award to Serviam Construction, LLC can be made at a fair and reasonable price that offers best value to the Government, as supported by the independent price reasonableness analysis documented in Section 7.

Business Judgment Standard — VAAR 819.7008(b):

The Contracting Officer's determination to make a sole source award to Serviam Construction, LLC is a business decision wholly within the discretion of the Contracting Officer, consistent with VAAR 819.7008(b). The Contracting Officer has determined that this sole source award is in the best interest of the Government based on: Serviam Construction, LLC 's verified SDVOSB status; its demonstrated performance on directly comparable construction requirements; its demonstrated familiarity with VA systems and protocols; and the time-sensitive mission need driven by NCA's projected gravesite depletion timeline. This authority is being used because it is in the best interest of the Government, consistent with VAAR 819.7008(b)'s direction that this authority be used only when it serves the broadest interests of the Government and the Veterans First mission.

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

The authority cited above, 38 U.S.C. § 8127(c) and VAAR 819.7007/819.7008, is a statutory authorization that directs VA to award this requirement to a verified SDVOSB on a sole source basis when the conditions of VAAR 819.7008 are satisfied. All conditions have been satisfied as documented in Section 4 above. The nature of the acquisition, therefore, requires the use of this authority as a matter of law.

Additionally, Serviam possesses the following documented qualifications that further support the determination that the award to this firm serves the best interests of the Government:

Construction Experience: Serviam has demonstrated past and current experience providing construction projects of comparable scope, complexity, and duration. This experience includes direct familiarity with federal facilities and requirements.

VA Systems and Protocol Familiarity: Serviam has demonstrated working familiarity with VA project management systems, CFM escalation protocols, daily reporting formats, submittal and RFI review timelines, pay application review cycles, and the non-personal services oversight structure required by VA, reducing the risk of performance gaps during the critical early phases of construction. Across 2018–2026, Serviam has dozens of CPARS evaluations, which in itself signals substantial federal experience and repeat work with the same buying activities.

Past Performance: The Contracting Officer has reviewed available past performance records for Serviam, including 75 CPARS records reflecting zero Unsatisfactory ratings across all evaluated performance categories, with ratings of Satisfactory or better on all records. Where earlier periods showed Marginal elements, later follow-on periods on the same PSC and business sector typically return to Satisfactory across the board, demonstrating corrective action and performance recovery. The most recent CPARS periods extending into 2025–2026 (e.g., 03/03/2025–03/20/2026; 04/01/2025–03/31/2026) show all elements rated Satisfactory, indicating stable, acceptable ongoing performance. This record supports a determination of responsibility consistent with FAR Subpart 9.1 and VAAR 819.7008(a)(3).

SDVOSB and WOSB Status: Serviam Construction, LLC (UEI: CY1MUH297GV7, CAGE Code: 70MJ6) is a verified SDVOSB and WOSB. Award to Serviam Construction, LLC advances VA's Veterans First statutory obligations under 38 U.S.C. §§ 8127–8128 and simultaneously advances VA's WOSB socioeconomic goals for the applicable fiscal year.

Bona Fide Need: Based on NCA's projected gravesite depletion timeline, the Government has an existing and time-sensitive bona fide need for this requirement. Failure to procure a construction contractor to complete phase 3 in a timely manner will cause unnecessary and undue expense to the Government in the form of future phased construction schedule delays, increased construction costs, and impaired ability to serve an estimated 258,300 eligible Veterans within the service area.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

In accordance with FAR 6.103-5(b)(1) and 41 U.S.C. 3304(a)(5), full and open competition need not be provided when a statute expressly authorizes or requires that the acquisition be made from a specified source. The Veterans First Contracting Program, as enacted by 38 U.S.C. §§ 8127–8128 and Public Law 109-461, expressly authorizes VA to award this requirement to a verified SDVOSB on a sole source basis when the conditions of VAAR 819.7008 are satisfied.

The contracting officer’s determination to make a sole source award is a business decision wholly within the discretion of the contracting officer and is in the best interest of the government. This sole source will be awarded to SBA VetCert verified SDVOSB.

It should be noted for the record that the Contracting Officer previously solicited this requirement as a competitive SDVOSB set aside and received no bids. This action represents a re-solicitation intended to complete Phase 3, which is necessary for the initiation of Phase 4 and all subsequent phases. The project site consists of a total of 15 planned development phases required to achieve full cemetery completion and to effectively serve the needs of the area and veterans alike.

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

The Contracting Officer will determine that the anticipated price for this sole source contract is fair and reasonable based on the following independent analysis conducted pursuant to FAR 15.404-1:

IGCE Comparison: The total estimated value of was developed by a third-party A/E firm, Integrity Federal Solutions (IFS), using established labor category hour estimates for a 365 day period of performance. Labor rates were derived from historical pricing data for comparable construction projects of equivalent scope and complexity. The proposed contract price will be compared against the IGCE prior to award, and the Contracting Officer's written price reasonableness determination will be separately documented in the contract file.

Historical comparison: If needed, the proposed contract price will be compared against historical prices paid if a price reasonableness determination cannot be made utilizing the IGE alone. The CO will also rely on the technical experts within the VA CFM technical team to also assist in the determination of price reasonableness.

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

SBA VetCert and SAM.gov Verification: The Contracting Officer verified Serviam Construction, LLC's SDVOSB certification through the SBA VetCert database on Jue 15, 2026. Serviam Construction, LLC holds the following current SBA certifications, all confirmed active as of the market research date:

Service-Disabled Veteran-Owned Small Business (SDVOSB): Certified. Entrance date: January 27, 2022. Exit date: May 30, 2027.

Veteran-Owned Small Business (VOSB): Certified. Entrance date: January 27, 2022. Exit date:

May 30, 2027.

Women-Owned Small Business (WOSB): Certified. Entrance date: January 13, 2021.

Serviam Construction is registered in SAM.gov with an Active registration status (expiration date May 13, 2027) under UEI XCHST6L53NH6, CAGE Code 6Q0H0, at 2304 Broad AVE Altoona, Pennsylvania.

Serviam Construction, LLC's SAM.gov representations and certifications confirm small business status under NAICS 541330 (Engineering Services) and all applicable size standard exceptions. The firm is organized as a Corporate Entity (Limited Liability Company), is For Profit, and is Self-Certified as a Small Disadvantaged Business.

Construction Experience in Geographical Area: Serviam Construction, LLC has a strong record of performing construction projects within Pennsylvania and possesses directly relevant experience in the region. Because this requirement was previously solicited without receiving any bids, Serviam Construction’s established presence and familiarity with the local area—including relationships with qualified subcontractors—positions the firm to efficiently support timely project completion. Leveraging a contractor already knowledgeable about the locality reduces risk, supports schedule adherence, and promotes cost control. Engaging a construction contractor with demonstrated regional experience is therefore in the Government’s best interest, as it enhances the likelihood of completing the project on time and within budgetary constraints.

Past Performance — CPARS Review: The Contracting Officer reviewed Serviam Construction, LLC's CPARS records on June 15, 2026. The CPARS review returned 75 total records across multiple federal contracts and task orders spanning 2018–2026, most rating elements (Quality, Schedule, Cost Control, Management, Small Business, Regulatory Compliance) are Satisfactory or better. Several contracts and task orders in 2022–2026 for PSCs Z1DA, Z2DA, Y1DA, Z2FF, and Z2GZ report all-Satisfactory ratings across all evaluated elements, including recent periods through 2026. The most recent CPARS periods extending into 2025–2026 (e.g., 03/03/2025–03/20/2026; 04/01/2025–03/31/2026) show all elements rated Satisfactory, indicating stable, acceptable ongoing performance. All 75 records reflect the UEI XCHST6L53NH6, confirming attribution to Serviam Construction, LLC.

Small Business Subcontracting and Regulatory Compliance: All rated records reflect Satisfactory or better performance. No Unsatisfactory ratings were identified in any performance category across all 75 CPARS records.

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

None

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

Not required under the statutory authority permitting other than full and open competition cited at 41 U.S.C.

3304(a)(5), 38 U.S.C. § 8127(c), and VAAR 819.7007. However, one source expressed interest in the acquisition. contacted the Contracting Officer via email to introduce its newly established firm and identify its status as a Service-Disabled Veteran-Owned Small Business (SDVOSB).

The Contracting Officer conducted market research on and confirmed that the firm is an SBA VetCert-verified SDVOSB, with its SBA profile last updated on March 31, 2026. Further research revealed no past performance records for the joint venture entity. As a result, the Contracting Officer reviewed the past performance of the individual entities comprising the joint venture.

(UEI: ) had one past performance record from 2024, with ratings ranging from Satisfactory to Exceptional; however, the project was not comparable in size or scope to the current requirement. Additionally, this firm attended the pre-proposal conference for a prior solicitation for this requirement but did not submit an offer. (UEI: ) had no identifiable past performance records.

Based on the market research conducted, the Contracting Officer was unable to determine the joint venture to be responsible in accordance with VAAR 819.7008(a), due to a lack of relevant past performance demonstrating the capability to successfully perform a construction project of this size, scope, and complexity within the required timeframe. Accordingly, it was determined that award to would not be in the best interest of the Government.

Market research results are documented in Section 8 above, and the complete market research file is retained in the contract file.

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 use of other than full and open competition for this action is expressly authorized by statute under 38 U.S.C. § 8127(c) and Public Law 109-461, as implemented by VAAR 819.7007 and 819.7008. The Veterans First Contracting Program is VA's congressionally mandated acquisition priority framework and does not itself constitute a barrier to competition — it is the statutory expression of Congress's determination that SDVOSB participation in VA contracting serves the public interest.

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.

David Martino Project Manager

13. Approval:

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

Victoria Wayne Contracting Officer

b. Review and Approval: I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief, and approval for other than full and open competition.

David Bullerwell National Region Director

Advocate for competition

VICTORIA

WAYNE

Digitally signed by

VICTORIA WAYNE

Date: 2026.07.07 07:03:39 -05'00'

DAVID

MARTINO

Digitally signed by DAVID

MARTINO

Date: 2026.07.09 08:43:04 -04'00'

DAVID

BULLERWELL

Digitally signed by

DAVID BULLERWELL

Date: 2026.07.09 16:06:51 -04'00'