S02. Renovate ORs - Sole Source - TClear Pavers_Redacted.pdf
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- Attached to
- Y1DA--RENOVATE OPERATING ROOMS 541-19-101
- Solicitation number
- 36C25026R0054
About this file
This is a Justification and Approval (J&A) document for other than full and open competition (>SAT) for a federal construction procurement by the Department of Veterans Affairs.
The contracting activity is the Louis Stokes Cleveland Medical Center under VISN 10, Network Contracting Office (NCO) 10. The acquisition concerns procurement of TClear insulation pavers as part of the "Renovate Operating Rooms" project (Purchase Request 541-26-1-5986-0004, Acquisition ID 36C250-26-AP-0948), which renovates 22,000 square feet of operating room suite space and includes new HVAC systems. The estimated value of the insulation and bonded concrete ballast component is $60,000. The justification cites statutory authority under 41 USC §3304(a)(1)—only one responsible source and no other supplies or services will satisfy agency requirements—as the basis for sole source procurement. TClear pavers are specified because they offer a low-weight interlocking system that protects roof membranes and provides required insulating values; existing Medical Center roofs cannot support heavier ballasted roof systems. Market research confirmed TClear is the only known U.S. manufacturer of this product type. Despite the sole source justification, the procurement will be competed and synopsized on SAM.gov as an Invitation for Bid (IFB) with brand name specification for TClear pavers, allowing bidders to obtain the item at competitive pricing. The document includes certifications from the Design COR (Richard E. Clark, dated 03-16-2026) and Contracting Officer (Stanley Burdine, dated 03-16-2026), with approval authority reserved to the VHA Head of Contracting Activity for contracts between $900,000 and $90 million.
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Attachment 1: Request for Sole Source Justification Format >SAT
VHAPG Part 806.3 OFOC Page 1 of 3 Revision: 04 Effective Date: 12/15/25 Acquisition ID#: 36C250-26-AP-0948
DEPARTMENT OF VETERANS AFFAIRS
Justification and Approval (J&A) For
Other Than Full and Open Competition (>SAT)
Acquisition Plan Action ID: _36C250-26-AP-0948__
1. Contracting Activity: Department of Veterans Affairs, VISN 10, Network
Contracting Office (NCO) 10, Louis Stokes Cleveland Medical Center will enter into a construction contract that requires the procurement of this item which requires justification for other than full and open competition. The 0 Dollar 2237 purchase request number for the “Renovate Operating Rooms” Project is 541-26-1-5986- 0004.
2. Nature and/or Description of the Action Being Approved: This project is named “Renovate Operating Rooms” and this project renovates 22,000 square feet of current operating room suite providing new HVAC and addressing other identified condition gaps. FCA #124308, 124311.
3. Description of Supplies/Services Required to Meet the Agency’s Needs:
TClear pavers are the preferred roof system bonded ballast and insulation used on the Medical Center roofs. It creates a low weight ballast system that the existing structure can support. It also creates a protective layer over the membrane which prevents accidental puncture and UV degradation. The estimated value of the insulation and bonded concrete ballast is $60,000.
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
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
( ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by RFO 6.103-5;
( ) (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;
VHACOSBurdiS Text Box
VHAPG Part 806.3 OFOC Page 2 of 3
Acquisition ID#: 36C250-26-AP-0948
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 medical center is actively replacing aging roof systems with a protected roof membrane assembly. We have several existing roofs that are structured in such a way that they can’t support the added load of a ballasted roof.
The TClear insulation pavers offer a low weight interlocking system that protects the membrane and provides the necessary insulating values required by code. The medical center prefers to have one type of roof system that makes maintenance of the system easier for future modifications. Currently this product is only produced by TClear in the United States.
6. 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 and, if not, which exception under RFO Part 5 applies): This procurement will be competed and synopsized on SAM.gov (https://sam.gov/) as an Invitation for Bid (IFB) and will indicate the requirement for brand name specification for the TClear insulation pavers. Since the construction contract is being awarded as a firm fixed price contract through competitive sealed bidding, the bidders are incentivized to locate the supplier that will provide the item at the most economical price.
7. Determination by the CO that the Anticipated Cost to the Government will be
Fair and Reasonable: It is anticipated that two (2) or more bids will be received through the sealed bidding process. If two (2) or more bids are received than the cost of the entire project will be considered fair and reasonable to the government based on competition.
8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: The Medical Center has investigated the ability of other paver manufactures to meet the requirements of the system weight and performance. TClear pavers are the only known manufacturer within the United States and sells direct from the manufacturer.
9. Any Other Facts Supporting the Use of Other than Full and Open Competition:
None. See Item 5 above.
10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:
None. (A market Survey will be completed on the entire construction 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: Not Applicable – See Item 5.
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
VHAPG Part 806.3 OFOC Page 3 of 3
Acquisition ID#: 36C250-26-AP-0948 supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.
Richard E. Clark Date Design COR Louis Stokes Cleveland VAMC
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.
Stanley Burdine Date Contracting Officer Network Contracting Office (NCO) 10
b. One Level Above the Contracting Officer (Required over SAT but not exceeding $900K): I certify the justification meets requirements for other than full and open competition.
Brian Kish Date Branch Chief Team 2 Network Contracting Office (NCO) 10
c. VHA RPO HCA 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 recommend approval (if over $90 million) or approve ($900K to $90 million) for other than full and open competition.
Name Date VHA Head of Contracting Activity (HCA)
VHACLEClarR1 Text Box 03-16-2026
VHACOSBurdiS Typewritten Text 03-16-2026
VHACOSBurdiS Text Box
| 2026-03-16T08:14:43-0400 | |
| RICHARD CLARK |
| 2026-03-16T08:43:51-0400 | |
| STANLEY BURDINE |
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