Justification and Approval - Out-of-Scope Redacted

MEMORANDUM

Department of
Veterans Affairs
Date: 7 May 2026
From: Contracting Officers Representative
Subj:

Contract: 36C77623C0149
“EHRM Infrastructure Upgrades” - West Palm Beach VA Medical Center Justification and Approval – Out-of-Scope Modification – Other Than Full and Open Competition (FAR 6.302)

Thru: Contracting Officer
To:

Contract File

1. Contracting Activity:

U.S. Department of Veterans Affairs, Veterans Health Administration (VHA), Program Contracting Activity Central (PCAC), 6100 Oak Tree Boulevard, Suite 490, Independence, OH 44131.
2. Nature and/or Description of the Action Being Processed: The contracting activity plans to award an out-of-scope bi-lateral modification to existing firmfixed price contract number 36C77623C0149 for the subject contract in accordance with VAAR 819.7004, 819.7005 and 819.7008 as interpreted by GAO Decision RCG of North Carolina, B419691 which states: “There is nothing in section 8127 of the Veterans Benefits Act that requires a contracting officer to make award to an SDVOSB on a competitive basis, rather than on a sole-source basis, where the same objective (i.e., award to an SDVOSB) will be met in either instance…”

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This modification covers the work needed to move the existing job trailers, material storage areas, and the fencing around them to the new laydown location identified by the COR. The contractor will disconnect and reconnect all necessary temporary utilities, including power, water, and IT, so the trailers remain fully operational after the move. Before relocation begins, the contractor will work with the COR to confirm the layout and boundaries of the new area. The relocation is required to maintain site access and support ongoing VA construction activities for the adjacent Fisher House project that cannot proceed until the current laydown footprint is cleared.
4. Statutory Authority Permitting Other than Full and Open Competition:

41 USC § 3304(a)(5), 38 U.S. Code § 8127 and VAAR 806.302-570 provides the express authority to use other than competitive procedures for sole source awards to verified veteranowned small businesses. COs may use the non-competitive (sole source) procedures authorized by VAAR 819.7008 or 819.7009 for actions not to exceed $5,000,000. As prescribed in VAAR 806.302-570(a), full and open competition need not be provided for when awarding a sole source contract to a verified SDVOSB in accordance with 819.7008, as authorized. Further,