P03 Sole Source Justification 693-19-106.pdf

VHAPG Part 806.3 OFOC Page 1 of 5 Revision: 03 Effective Date: 04/15/24 Acquisition ID#: 36C244-25-AP-4266

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C244-25-AP-4266

1. Contracting Activity: Department of Veterans Affairs, VISN 04, Wilkes-Barre Medical

Center. 2237 number 693-25-4-594-0167.

2. Nature and/or Description of the Action Being Processed: The Contractor, Valhalla Engineering Group, shall provide Construction Period Services during the construction of Contract 36C24425C0042 | 9th Floor MH Renovation WBVAMC awarded to RLS Construction Group on 8/21/2025. Construction Period Services include but are not limited to the review and answer of shop drawings, submittals and RFI’s. Record (as-Built) drawing and specifications, And site visit inspections. Construction Period Services were initially awarded as part of the base design contract 36C24419C0215 awarded on 9/26/2019 and completed on 9/24/2024. Construction Period Services were descoped due to increased costs and funds expiring. Action is a new award and will result in a Firm Fixed Price Architect Engineer contract.

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

Valhalla Engineering shall provide professional architectural support to ensure the construction of 36C24425C0042 | 9th Floor MH Renovation WBVAMC awarded to RLS Construction Group on 8/21/2025, is in conformance with the design documents. Valhalla Engineering is the original architect responsible for the design of 36C24419C0215 awarded to Valhalla Engineering Group on 9/26/2019 and completed on 9/24/2024. Construction Period Services were awarded as part of the base contract but were descoped from the contract on 9/24/2024.

Construction Period Services include but are not limited to the review and answer of shop drawings, submittals and RFI’s. Record (as-Built) drawing and specifications, and site visit inspections.

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

(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 FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

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 Contractor, Valhalla Engineering Group, was responsible for design contract 36C24419C0215 was awarded to on 9/26/2019 and completed on 9/24/2024. It is the Policy of the United States Government to procure Architect Engineer services based on demonstrated competence and qualifications at a fair and reasonable price.

Valhalla Engineering Group is the original designer of the project and have already been awarded Construction Period Services for this project as part of the base design contract.

Valhalla Engineering Group is the most highly qualified firm to award the contract for Construction Period Services, as they have previously received the award for it on design contract 36C24419C0215.

the Government determines that only Valhalla Engineering Group can satisfy the Governments requirement for Construction Period Services as they are the most highly qualified as the original designer. Additionally, the original designer possesses corporate knowledge of their design and existing conditions that are necessary for performance. As the original designer only Valhalla Engineering Group possesses this knowledge.

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

Fair opportunity was provided during the initial contract utilizing FAR 36.6 Procedures, where Valhalla engineering was deemed most qualified. There was no effort to solicit the Construction Period Services requirement to another contractor because Architect Engineer firms are to be selected based on the most qualified firm. Fair opportunity was provided during the design award where Valhalla Engineering Group was found to be the highest qualified firm.

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

Reasonable:

Valhalla Engineering Group was the original Architect on Contract 36C24419C0215 awarded on 9/26/2019 and completed on 9/24/2024. Construction Period Services were awarded as part of the base contract before being deobligated on 9/24/2024. The decision to deobligate the Construction Period Services was made because the cost increased, and the funds were set to expire during the performance period. The decision was made to issue a stand-alone contract for Construction Period Services.

The Contracting Officer anticipates the cost to the government will be fair and reasonable because the base award for the design contract contains Construction Period Services. The increased cost was already provided by the Contractor and contributed to the Governments decision to create a stand-alone contract. There is a defined level of effort that was already accepted in the base design contract, and the Government had already received pricing for an adjustment before the decision to descope the Construction Period service was made.

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

Market Research was not conducted because Architect Engineer firms are to be selected based on the most qualified firm. Valhalla Engineering Group is the original designer and therefore the most qualified firm to do oversee the construction of Valhalla’s design.

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

When it is in the best interest of the Government, Construction Period Services are priced and awarded during the base contract award. Construction Period Services were awarded as part of the base design contract but descoped due to increased costs and expiring funds. The decision was made to issue a stand-alone contract for Construction Period Services.

Having the same firm perform the Design and Construction Period Services maintains consistency with the design documents in construction.

Valhalla Engineering Group is a Service-Disabled Veteran Owned Small Business therefore satisfies SDVOSB set aside requirements.

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

Valhalla Engineering.

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:

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The Wilks-Barre VA will consider soliciting design contracts with a line item for Construction Period Services when it is in the best interest of the Government.

The Wilks Barre VA will consider if an Administrative modification can be made to replace funds.

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.

Name: Stephen Gulotta Date Title: Contract Specialist Facility: Wilkes-Barre PA

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

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

Name: Cheryl Roberts Date Title: Contracting Officer Facility: Wilkes-Barre PA

09/18/2025 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

VHAPG Part 806.3 OFOC Page 5 of 5

Acquisition ID#: 36C244-25-AP-4266

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Name: William Robbins Date Duty Title: NCO4 Construction East Branch Chief

Facility: NCO4 Construction East