36A77620Q0079-005.pdf

Procurement Package Checklist

Procurement Package Checklist Page 1 of 10 Revision 2/19

Purpose: To ensure standardization of the submission process for equipment and supply projects the below check list will accompany the request for procurement. Please ensure all VHA policies and directives are being applied to this acquisition request.

ALL DOCUMENTS ARE TO BE PROVIDED ELECTRONICALLY.

DATE: 2237#

COR NAME (if applicable—VHAPM Part 801.603-70 COR SOP):

COR PHONE #

COR TRAINING COMPLETE Link to: COR Nomination Memo

Enclosed Not

Required

1. Provide users of supply/service by department, name and phone number. List must include a person and/or user group responsible for quality requirements of the contract.

List the department(s) who will use the supply or service being requested. Include VA contact information for each department.

2. 2237 FUNDED

2237 #:

The project needs to be funded before moving forward. If it is unfunded, please speak to the activation COR and the Contracting Office. For more information on procurement package submittal, please visit the VHA Procurement Manual Volume Three Chapter II – Customer Reference Guide

3. IT Tracking Number: Provide IT tracking number if this is an IT requirement. Contact your local ISO to determine if your requirement requires a tracking number.

Contact the System Administrator (IRM) and your COR to determine if your request is an IT requirement. If you do have an IT requirement you must submit the required attachments such as statement of work, independent government estimate, copy of 2237, etc. in to the below listed portal.

Tracking is on “VA IT Acquisition Request System” (ITARS):

http://vaww4.va.gov/itt/default.asp. If your request has not been entered into the IT System’s portal, it will be returned to the IT Department until it has been input into the new portal.

http://vaww.pclo.infoshare.va.gov/PCLO/PMWeb/VHAPM_Part_801.603-70.aspx http://vaww.pclo.infoshare.va.gov/PCLO/PMWeb/VHAPM_APPENDIX.aspx http://vaww.pclo.infoshare.va.gov/PCLO/CRG/CRG-Overview.aspx http://vaww.pclo.infoshare.va.gov/PCLO/CRG/CRG-Overview.aspx http://vaww4.va.gov/itt/default.asp

Procurement Package Checklist Page 2 of 10 Revision 2/19

Enclosed Not

Required

4. Is this a recurring requirement? If it is, provide the following:

Prior Contracting Officer: ___________________________

Prior year IFCAP Purchase Order number: _________________

Prior year contract number (current or expired):______________

The requested information can be found in the IFCAP database.

For help accessing the IFCAP database, please contact IRM support.

5.List any VA Directives or policies that the supply or equipment being purchased must comply with:

A reference of most Directives and policies can be found here:

http://vaww.va.gov/vapubs/index.cfm.

Contact your COR, end users, and/or subject matter experts to learn more about VA Directives and policies that the item you are purchasing must comply with.

6. Veterans First Contracting Program: When determining source of supply, reference FAR 8.002 and VAAR 808.002 in Class Deviation— Implementation of the Veterans First Contracting Program. Please ensure the “Rule of Two” is adhered to. If you have questions, consult with your Contracting Officer.

The order of sources for competitive actions is as follows:

• GSA Contracts: Veteran-Owned Small Businesses verified in VIP)

• Existing contracting vehicles such as IDIQs and BPAs: Veteran-

OwnedSmall Businesses verified in VIP

• Open Market: Service-Disabled Veteran-Owned Small Business(SDVOSB) verified in VIP

• Open Market: Veteran-Owned Small Business (VOSB) verified in VIP

• GSA Contracts: Other than veteran-owned

• Contract Vehicles such as IDIQ’s and BPA’s: Other than veteran-owned

• Open Market: Other than veteran-owned

Procurement Package Checklist Page 3 of 10 Revision 2/19

7. Sole Source: If a sole source is requested, a justification and approval (J&A) document is required. The justification document is a collaborative effort between the requiring activity and the contracting office and must be initiated by the requirements office by filling out the form and submitting it to the contracting office with the original procurement package. Please contact your NCO to determine which justification template in Table 3.1.6 of VHAPM Part 806.3 Other Than Full and Open Competition SOP is appropriate for your sole source request.

Note: If the item you are purchasing must be provided by only one company- a specific item only offered by one supplier for example - you must provide convincing and thorough evidence that only one company can meet the requirement. This justification should demonstrate that the specific equipment or product you are requesting is not only a preference but that it is also a necessity.

8. Federal Supply Schedule (FSS): Is the item(s) on GSA/FSS? If item(s) is/are on FSS, were multiple FSS vendors considered? If yes, please provide documentation on why the selected vendor is the best value.

GSA Contract Number: __________________________

Search the FSS website to determine if the item is available on it. If it is, write the GSA/FSS Contract Number in the space provided above. If a multi-item procurement, all items should be available under one schedule. Show documentation for the vendor with the best value. If the item is part of a Bulk Purchasing Agreement (BPA) please write any details of that agreement in this space. Refer to block 6 above for contracting preference priority

Procurement Package Checklist Page 4 of 10 Revision 2/19

9. Functional/Performance/Specification/Salient Characteristics:

(Word Doc) Describe equipment/supply use. If brand name items are requested, it must be supported by a sole source justification.

In this word document describe the equipment and/or supplies you will need in detail. Focus on the functionality of the items you would like to purchase and the end results they will help you accomplish. Include enough information so that someone with no knowledge of the project will understand what will be needed. In general, one or two sentences will not suffice, more detail is needed.

Sample Specification language, Performance Work Statements (PWS), and Statement of Works (SOW) are available in the:

VHA Acquisition Business Intelligence Tool (VABIT).

Applicable Drawings/Schematics: Provide any applicable drawings, maps, schematics in electronic format (if required) – example furniture or kitchen equipment purchases where space is a critical element for dimension or installation location requirements.

In order to ensure that your product fits in its desired location, provide detailed drawings, maps or schematics of the area it will eventually reside in.

The more detailed your drawings the less likely the error in size/fit of your requested item. This step is especially important for furniture and equipment that will take up a lot of a room’s space.

https://vaww.vha.esp.va.gov/sites/PLOSAOCentral/BIT/Shared%20Documents/BITSearching.aspx?PageView=Shared&InitialTabId=Ribbon.WebPartPage&VisibilityContext=WSSWebPartPage

Procurement Package Checklist Page 5 of 10 Revision 2/19

Enclosed Not Required

10. Delivery/performance information, date item(s) required.

A reasonable delivery date must be considered.

Write the date (or milestone) the item is required for the activation of the facility (e.g. 1 day after BOD, 30 days prior to Day One, 90 days ARO).

Remember, there is a built in minimum timeline due to the various mandated steps in the contracting process. The number of days listed below represents the minimum number of days you can expect the CO to award a contract or issue a TO/DO after a completed and executable procurement package has been received by the CO. The estimated timelines after an executable package is received by the CO are listed below. Note these timelines do not account for the time from receipt of the package until found executable by the CO or any clarifications the CO must receive from the vendor.

Consider the below time ranges as a guideline:

a. Blanket Purchase Agreement (BPA) Call < $1M: 90 days

b. Federal Supply Schedule (FSS) Task Order (TO)/Delivery Order (DO)

< $1M: 120 days

c. BPA Call and FSS/IDIQ TO/DO > $1M < $5M: 146 days

d. BPA Call and FSS/IDIQ TO/DO >$5M: 175 days

e. Open Market Procurements > $250K < $7M: 215 days

f. Open Market Procurements Over $7M: 245 days

After writing your delivery date, please also include detailed delivery instructions including the specific location you want the item delivered to, any necessary special delivery vehicles or requests, and any other information that could help ensure a smooth delivery.

Procurement Package Checklist Page 6 of 10 Revision 2/19

Enclosed Not Required

11. Market Research: Provide market research documentation to support procurement requests, including sole source requirements. If available, attach any vendor quotes.

Please use the Market Research Form Template attached in the IOT&A contract.

The first step in market research is to determine if your requested item must be purchased from a mandated source (i.e., Ability One or FPI).

Check with the COR and/or CO to determine if your requested item is part of any Prime Vendor, eCAT, National Committed Use Contracts, Mandatory Suppliers List, Bulk Purchasing Agreement, VHA Directive, Federal Supply Schedule (FSS) or other mandated purchasing list. If it is, include this information in the Market Research Worksheet with a copy of the mandating source. If not, then conduct your own Market Research to help determine the best source for the procurement package.

Market Research sources include: Manufacturer and Dealer catalogs, product brochures, trade journals, FSS, government economic data, and prospective vendors.

If you are requesting that the item is purchased from only one specific company or vendor you must demonstrate detailed need for that one specific item and prove that it is unavailable through other companies/ vendors. Refer to block 7 above.

Procurement Package Checklist Page 7 of 10 Revision 2/19

Enclosed Not Required

12. Independent Government Estimate (IGCE):

Information on how to develop an IGCE can be found here: VHA Procurement Manual Volume Three Chapter II Appendix B - IGCE Guide.

An IGCE is required for each procurement package.

The IGCE serves as an important basis for determining the reasonableness of an offeror’s proposed costs and understanding of a given solicitation.

The IGCE is considered source selection information, and it should not be shared with anyone outside the VA Acquisition Team and IOT&A contractor personnel who have signed an NDA. Please provide the methodology and data used to develop the estimate. A sample template is located in in Customer Reference Guide Chapter 10 Independence Government Estimate.

If requirement contains multiple line items, the IGCE should be broken down by line item.

In general, the most reliable estimates:

• Are made by someone who knows the product

• Relies on the statement or scope of work documents

• Considers last price paid, general market price changes, current commercial market price, price lists, quantity price breaks and possible substitutes

• Applies market research above to the actual product procurement at hand

• Uses quantitative techniques to determine the cost and does not rely on professional judgment

• Researches historical acquisition trends

Procurement Package Checklist Page 8 of 10 Revision 2/19

Enclosed Not Required

13. Security:

Identification of a position’s risk level as it relates to the efficiency and integrity of the Federal service; and identification of a position’s sensitivity level as it relates to a position with national security interests in accordance with VA Directive 0710.

YES NO

( ) ( ) Will contractor work on VA property to install equipment?

( ) ( ) to a potentially sensitive area?

• Completed Security Assessment Form [Position Designated

Automated Tool (PDAT)]. If applicable, the automated tool can be found here: OPM Position Designation Automated Tool .

ISO certification that requirement does or does not require applicable security clauses in accordance with VA Directive 6500 and 6500.6 which applies to all VA contracts in which VA sensitive information is stored, generated, transmitted or exchanged by a VA contractor, subcontractor or third-party, or on behalf of any of these entities regardless of format and whether it resides on a VA or a non-VA system, for the contractor, subcontractor, or third party to perform their contractual obligations to VA for the acquisition of goods or services where they stand in lieu of VA and act on VA’s behalf.

The Checklist for Information Security Appendix A (“Appendix A”) of VA Handbook 6500.6 Contract Security must be completed for ALL acquisitions, with the exception of expendable supply items, which are defined in VA Handbook 7002, PART 3. CLASSIFICATION OF PROPERTY. The REQUESTER must include the phrase “expendable supply item” on the VA Form 2237 for all requirements of expendable supply items.

Please use the 6500.6 Appendix A provided by Contracting.

YES NO

( ) ( ) Will the contractor have access to the VA computer system/sensitive information?

( ) ( ) to patient records?

( ) ( ) will work on VA property

• Completed Security Assessment Form (VA 2280a).

YES NO

( ) ( ) Is a Business Associate Agreement Required?

Send a copy of your Statement of Work and your attempted answers to the questions above to the ISO and PO and wait for their feedback.

You may need to have a conversation with the ISO and PO to further justify or explain your answers.

https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=1568 https://www.opm.gov/investigations/background-investigations/position-designation-tool http://www1.va.gov/vapubs/viewPublication.asp?Pub_ID=56 http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=471&amp;FType=2 http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=561&amp;FType=2 http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=561&amp;FType=2

Procurement Package Checklist Page 9 of 10 Revision 2/19

14. Pre-Procurement Assessment (PPA) for Medical Device/Systems

Veterans Affairs (VA) Directive 6550 establishes the technical PPA requirements for medical devices and medical systems that are connected to the VA information networks and medical devices that store sensitive patient information. All medical devices/systems are to be assessed prior to procurement and during the acquisition process based on the following factors: These factors include, but are not limited to, establishing technical requirements to support intended clinical use, human factors engineering, reliability, safety, integration, and available space and utilities.

The PPA serves as the multi-disciplinary (BME, OIT and ISO) technical review and approval process. As such, IT Tracker number (ITAR) is not required. Where medical/devices are procured off contract vehicle such as SEWP, that requires ITARS number, 6550 will be used as the default number.

Evaluating the configuration and security profile of medical devices during the acquisition planning process will identify potential risks and ultimately provide for more effective and safe integration of medical devices into hospital operations. Key organizations involved in this process are: Biomedical Engineering, Information Technology, Information Security, and Contracting and Contractor.

Does this medical/device store patient data and will be connected to VA information network?

YES ( ) NO ( )

If yes:

Was Biomedical Engineering involved in the PPA process?

YES ( ) NO ( )

To ensure that Biomedical Engineering was properly engaged in the procurement of all medical device/systems, a completed copy of the 6550 Appendix A must be submitted with the procurement package.

http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=790&amp;FType=2 http://www1.va.gov/vapubs/Search_action.cfm?formno&amp;tkey&amp;dType=1&amp;SortBy=title&amp;sort=desc&amp;oid=0

Procurement Package Checklist Page 10 of 10 Revision 2/19

Enclosed Not Required

15. Evaluation Criteria for other than Lowest Price Technically Acceptable (LPTA) Actions:

Provide evaluation criteria to always include Price and Past Performance. Additional factors, such as Management Approach, Technical Capability and Quality Assurance may also be included if applicable. For each factor, please describe the information to be requested from the offerors that will be used to evaluate the quotes.

Evaluation factors are the standards against which a Technical Evaluation Board measures the quality of each quote. For this section, clearly state all the evaluation factors that you will consider in making the source selection and their relative importance. These factors inform offerors of all the significant considerations in selecting the best value source and the relative importance the Government attaches to each of these considerations.

16. Evaluation Team: Provide a list of recommended technical evaluation panel members. Technical evaluation panel members must be Government employees. Make sure they are subject matter experts.

Provide names of Government personnel to serve on the evaluation team.

Contracting will provide a Non-Disclosure Agreement (NDA) to be signed prior to evaluation of quotes.

Source selection is an inherently governmental function. IOT&A contractor employees advising the technical evaluation panel must sign an NDA.

Please familiarize yourself with FAR 3.104 – Procurement Integrity.

Provide names of subject matter experts who are agreeable and available to offer guidance on the vendor selection process. These people should have a very good knowledge of the product(s) and its actual usage.

17. Identify each contractor that participated or assisted in the development of the complete acquisition package:

List the Activation Contractor and/or any subcontractors participating in the development of the complete acquisition package. Contractors and subcontractors participating in the development of an acquisition package may not be permitted to submit offers on the resultant solicitation for that package due to Organizational Conflict of Interest regulations (see FAR Subpart 9.5 – Organizational and Consultant Conflicts of Interest).

Attachment 2: Simplified Market Research Template

VHAPM Part 810 Market Research SOP Page 1 of 3 Revision: 03, Effective Date: 02/04/19

Requirement Title:

In accordance with FAR 7.102, contracting officers and acquisition planners are required to perform acquisition planning and conduct market research. The following information is a summary of the acquisition planning: In submitting this request for procurement, the customer considered available sources within the agency, any government furnished information/property, and security considerations IAW VA Directive/Handbook 6500. The contract type for this procurement is (Insert Contract Type) and the milestone schedule will be accomplished and documented in the Electronic Contract Management System (eCMS). The information below summarizes the market research results for this requirement. Note: This template is not applicable to Sole Source Affiliate Contracts under Title 38 U.S.C. 8153 conducted under VA Directive 1663. Market research for these requirements are captured on the MSO IGCE templates in the Planning Section of the MSO Customer Resource Center.

1. Objective: Per FAR 10.001(a)(2) and VAAR 810.001-70, this report is in support of (check as many as apply):

A new requirement

An acquisition with an estimated value in excess of the simplified acquisition threshold (see FAR subpart 2.1 for current threshold)

An acquisition with an estimated value less than the simplified acquisition threshold where adequate information is not available to develop the requirements package and the circumstances justify the cost of performing the market research;

An acquisition that could lead to a bundled contract (15 U.S.C.

644(e)(2)(A)) (see FAR subpart 2.1 for bundled contract definition);

Other:

2. Background:

a. Title:

b. Product or Service Code:

c. NAICS Code:

d. Size Standard for NAICS:

https://vaww.vashare.vha.va.gov/sites/PLOMSO/CRC/Shared%20Documents/Forms/AllItems.aspx http://www.ecfr.gov/cgi-bin/text-idx?SID=d7c65babb9a0160ded49f025f5ea9435&mc=true&node=se48.1.10_1001&rgn=div8 https://www.va.gov/oal/library/vaar/vaar810.asp#81000170 http://www.ecfr.gov/cgi-bin/text-idx?SID=d7c65babb9a0160ded49f025f5ea9435&mc=true&node=pt48.1.2&rgn=div5#sp48.1.2.2_11 http://www.ecfr.gov/cgi-bin/text-idx?SID=d7c65babb9a0160ded49f025f5ea9435&mc=true&node=pt48.1.2&rgn=div5#sp48.1.2.2_11 http://support.outreachsystems.com/resources/tables/pscs/ http://www.census.gov/eos/www/naics/ https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf

VHAPM Part 810 Market Research SOP Page 2 of 3 Revision: 03, Effective Date: 02/04/19

e. Estimated contract value: $

3. Market Research Sources: In accordance with FAR Part 10, VAAR 810 and VAAM M810, market research has been conducted for this acquisition. The following techniques were used (check as many as apply):

Used VA’s VIP database to identify verified capable SDVOSBs and VOSBs. - All results must be attached to this report.

Applying personal knowledge in procuring supplies/services of this type.

Contacting knowledgeable individuals in Government and industry regarding market capabilities to meet requirements.

Reviewing the results of recent market research undertaken to meet similar or identical requirements.

Publishing formal requests for information in appropriate technical or scientific journals or business publications.

Querying the Government-wide database of contracts and other procurement instruments intended for use by multiple agencies available at www.contractdirectory.gov and other Government and commercial databases that provide information relevant to agency acquisitions.

Participating in interactive, on-line communication among industry, acquisition personnel, and customers.

Obtaining source lists of similar items from other contracting activities or agencies, trade associations or other sources.

Reviewing catalogs and other generally available product literature published by manufacturers, distributors, and dealers or available on-line

Conducting interchange meetings or holding presolicitation conferences to involve potential offerors early in the acquisition process.

Conducting market survey:

Other:

https://www.vip.vetbiz.gov/

VHAPM Part 810 Market Research SOP Page 3 of 3

4. Market Research Findings:

5. Customary Commercial Practices/Standards (An example of customary commercial terms and conditions is when procuring biological products, FDA standards must be complied with or minimum service industry standards must be met similar to OSHA, ISO 9000, Joint Commission Standards, etc.):

6. Market Price: $

7. Acquisition History:

8. Other pertinent information:

9. Recommendations:

10. Based on the above information, the basic clauses and provisions prescribed in FAR Part 12:

Are sufficient for use in this acquisition and do not require any tailoring to be consistent with industry's commercial practices.

Require tailoring to be consistent with industry's commercial practices as noted below. All such tailoring will be included in the solicitation issued for the required supplies/services.

- Identify affected clause/provision paragraph and your recommended change(s).

Based on the above information, the following sources (minimum of three)(See FAR subpart 8.4 requirements for three; different than a VA Rule of Two set-aside analysis) appear qualified and interested to fulfill this requirement:

Firm 1:

Firm 2:

Firm 3:

PREPARED BY:

NAME:

DATE:

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%208_4.html#wp1089480

Attachment 1: Streamlined Market Research Template

VHAPM Part 810 Market Research SOP Page 1 of 1

Requirement Title:

In accordance with (IAW) FAR 7.102, contracting officers (COs) and acquisition planners are required to perform acquisition planning and conduct market research.

The following information is a summary of the acquisition planning: In submitting this request for procurement, the customer considered available sources within the agency, any government furnished information/property, and security considerations IAW VA Directive/Handbook 6500. The contract type for this procurement is (Insert Contract Type) and the milestone schedule will be accomplished and documented in the Electronic Contract Management System (eCMS). The information below summarizes the market research results for this requirement. Note: This template is not applicable to Sole Source Affiliate Contracts under Title 38 U.S.C. 8153 conducted under VA Directive 1663. Market research for these requirements are captured on the MSO IGCE templates in the Planning Section of the MSO Customer Resource Center.

1. Results from VIP Query (Contracting Officers shall review the Vendor Information Pages (VIP) database at https://www.vip.vetbiz.va.gov/):

2. Market Research Sources:

3. Market Research Findings:

PREPARED BY:

DATE:

VAAR 810.001-70 Market Research Policy: When performing market research, COs shall review the VIP database at https://www.vip.vetbiz.va.gov/ as required by subpart 819.70. The CO will search the VIP database by applicable North American Industry Classification System (NAICS) codes to determine if two or more verified service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs), in the appropriate NAICS code, are listed as verified in the VIP database. The CO will determine if identified SDVOSBs or VOSBs are capable of performing the work and likely to submit an offer/quote at a fair and reasonable price that offers best value to the Government. If so, the CO shall set-aside the requirement in the contracting order of priority (see 819.7005 and 819.7006).

https://vaww.vashare.vha.va.gov/sites/PLOMSO/CRC/Shared%20Documents/Forms/AllItems.aspx https://www.vip.vetbiz.gov/ https://www.vip.vetbiz.gov/

FOR OFFICIAL GOVERNMENT USE ONLY

Item # Qty Price Extended

Amount

No. of Months or Years

By Month or Year

SUBTOTAL (Services)

Period of Performance

Description/Part Number*

SUBTOTAL (Products)

Past Contract Pricing GSA Federal Supply Schedule Published Prices Government Wide Acquisition Contract (GWAC) Published

TOTAL IGCE

INDEPENDENT GOVERNMENT COST ESTIMATE (IGCE) (Rev. 7-7-14)

*Check block(s) below that describe the basis for the IGCE:

Brief Description of Service*

Products (including software, licenses)

Services

$s per Period Estimated

Amount

IGCE Template for Supplies-Equipment

Engineering Estimates

Phone:

Date:

POC NAME:

Email:

Informal Vendor Quotes Prior Bills of Material Prior Monthly Vouchers Catalog Pricing Other (Please Explain ):

Month Year

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 08 Page 1 of 9 Original Date: 03/22/11 Revision 08 Date: 04/18/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

**NOTE FOR USER: TEXT IN RED AND BLUE (PERTAINS TO LEASING ACTIONS) ARE INSTRUCTIONS AND

SAMPLE LANGUAGE ONLY AND SHOULD BE REMOVED FROM THE TEMPLATE BEFORE SUBMITTING

FOR APPROVAL.

Acquisition Plan Action ID:___________________________________________

1. Contracting Activity: Department of Veterans Affairs, VISN XX, XXXX Medical Center

Fully identify the contracting agency and organizational activity responsible for the proposed contracting action. Identify purchase request (i.e. 2237) number, if applicable.

J&As for Real Property Procurements, include the following in accordance with the GSA Leasing Desk Guide, as applicable:

The [Enter information for the requesting VISN/VAMC] currently leases/is seeking [amount of space] NUSF/ABOAl[amount of space] which/to yield [amount of space] - rentable square feet (RSF) of office space at [street address, city, state] under lease number GS-( ) for Exemption (b)(7) the [Agency]. The current lease expires [date]. Approval is requested to negotiate a [enter information on type of lease required i.e.: new, new replacing or etc.] with [enter information as applicable: i.e.: the incumbent Lessor or etc.] without full and open competition for [enter information on the rationale for sole source, i.e.: continued occupancy at this leased Location or etc.] .

2. Nature and/or Description of the Action Being Processed: Describe the action being reviewed and approved and state whether the action will be awarded as a new contract or by modification to an existing contract (identify contract number) and identify the type contract planned (e.g., firm-fixed-price, time and materials, labor hour, etc.)

An individual J&A cannot be used to support more than one contract, irrespective of the quantities or the dollar value stated therein. If a proposed contract will contain unpriced options (including NTE prices), those options must be supported by a separate J&A prior to option exercise or the J&A supporting the basic contract must be a Class J&A. For Class J&A situations where the number of contracts in the class can be identified: (1) Provide brief general description of actions, (2) identify the document as a Class J&A, (3) identify the supplies and services that are being acquired, and (4) for each contract in the class identify the contractor; estimated value; type of contract and rationale for contract length; and estimated award date. Where the same information applies to more than one contract within the class, it need only be stated one time.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is for (….) in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR

13.501 Special Documentation Requirements, where acquisitions conducted under Simplified

OFOC SOP Revision 08 Page 2 of 9

Revision 08 Date: 04/18/2018

Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

J&As for Real Property Procurements, include the following information in accordance with Draft VA Handbook 7815 and GSAM Part 570:

• Amount and type of net usable square footage space currently under lease, if applicable or amount of space required;

• Existing lease number, if applicable;

• Existing lease expiration date or existing lease, if applicable or date for which new space is required;

• A brief description of the action (i.e. Only one acceptable location, succeeding lease, superseding lease, lease extension, lease expansion, lease alteration)

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Specifically describe the supplies and/or services to be acquired including the estimated value (including options) and quantity of each item, the total estimated value of the acquisition, and the estimated delivery dates/periods of performance. If there is a national authority, the document must be cited and either a web link included or a copy of the requiring document attached. Include the requirement delivery date or period of performance.

J&As for Real Property Procurements, include the following information in accordance with Draft VA Handbook 7815 and GSAM Part 570:

• Statement of continuing need, if applicable;

• Amount of Net Usable Square Feet and type of space (medical facility);

• Required Lease Term (list both the required lease term and all options required);

• Lease value listed as the estimated annual un-serviced lease amount over the term (include the costs for all required options. Include estimated Tenant Improvement costs only if they will be amortized and state that they will be amortized);

• Information from advertisement, if required;

• The following paragraph is provided to satisfy the description of the agency needs:

[Enter information on the requesting VISN/VAMC] submitted a [enter information on the documentation submitted i.e.: Procurement Request Package, statement of continuing need letter or etc.] on [date] for [amount of space] NUSF/ABOA to yield [enter amount of rentable space] rentable square feet of [enter information on type of space i.e.: clinical, warehouse, office and/or related space]. To satisfy the [agency] mission requirements, the facility must be within a walkable distance of the [complete sentence, as appropriate].

This requirement is for [amount of space] NUSF/ABOAl[amount of space] RSF of space for a [years of agency lease term requirement]-year ten to commence on [date]. The estimated annual cost of this lease is [dollar amount based on information quotes received in response to advertisement] BOMA rentable square feet per year for an annual cost of [dollar amount based on information quotes received in response to advertisement] and a total contract value of [dollar figure based on information quotes received in response to advertisement] . The delineated area is [identify specific delineated area]

Commented [DoVA1]: Exempt when posting to FBO.

OFOC SOP Revision 08 Page 3 of 9

Revision 08 Date: 04/18/2018

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(1), as implemented by FAR 6.302-1. The specific paragraph must be cited. Most likely, only the -1 or -2 authorities will be cited. Please be aware that failure to adequately plan for future requirements does not constitute appropriate use of the unusual and compelling urgency statutory authority.

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

J&As for Real Property Procurements, include the following information in accordance with the GSA Leasing Desk Guide:

41 U.S.C. 3304(a)(1): Only one responsible source and no other supplies or services will satisfy agency requirements.

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Provide, in narrative form, a detailed explanation supporting and clearly relating to the conditions described by the FAR for using the particular authority cited. This section is normally the most detailed part of the justification as the essence of the justification is presented here. Keep in mind that this document is posted and that your judgment may be formally questioned and protested if your justification is insufficient or not valid.

Contracting without providing for full and open competition shall not be justified on the basis of lack of advance planning by the requiring activity or concerns related to the amount of funds available (e.g., funds will expire)(See FAR 6.301(c)). To assist you, the following information is provided:

a. Only One Responsible Source (FAR 6.302-1) – In the case of a follow-on contract for continued development or production of a major system or highly specialized equipment/services, the rationale must first justify the supplies/services as being a “major system” or “highly specialized.” The rationale must then justify “either” substantial duplication of cost to the government that is not expected to be recovered through competition, or unacceptable delays in fulfilling the agency’s requirements, whichever situation applies. If both of these situations apply, the rationale can be based on either of these two situations, or both.

Note: Discuss the use of restrictive brand name descriptions in requirements documentation here under Part V. An acquisition that uses a brand name description or other purchase description to https://www.acquisition.gov/?q=/browse/far/6

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Revision 08 Date: 04/18/2018 specify a particular brand name, product, or feature of a product, peculiar to one manufacturer does not provide for full and open competition regardless of the number of sources solicited. If there is going to be a brand name used, you will need to justify it and clearly explain why a specific brand produced by a single company is required as opposed to allowing free and open competition.

The justification should indicate that the use of such descriptions in the acquisition is essential to the Government’s requirements, thereby precluding consideration of a product manufactured by another company.

(Brand-name or equal descriptions and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand name, provide for full and open competition and do not require justifications and approvals to support their use.)

When using this exception, the contracting officer (CO) should include one of the following sentences, whichever is applicable: “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition,” or “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the Veteran’s Health Administration experiencing unacceptable delays in fulfilling its requirements,” or “Accordingly, XYZ Corporation is the only firm capable of providing the supplies and services described in Section III above without the Veteran’s Health Administration experiencing substantial duplication of cost that could not be expected to be recovered through competition and unacceptable delays in fulfilling its requirements.”

b. Unusual and Compelling Urgency (FAR 6.302-2, 6.303-2(a)(9)(ii)) - COs shall contact SAO East as soon as practicable when contemplating an award under the authority cited in FAR 6.302-2 for J&As requiring HCA or DSPE approval. Provide an explanation why (1) the supplies or services are needed at once because of fire, flood, explosion, or other disaster, or (2) essential equipment or repairs to that equipment are needed at once, e.g., to preclude impairment of healthcare delivery capabilities or mission performance. In other words, identify the anticipated serious injury to the Government, the nature of the urgency, the reasons for it occurring and why it is “urgent and compelling” to preclude adverse impact to Veteran care. Merely citing adverse impact to Veteran care is not in and of itself sufficient reason to use this exception from the requirement to obtain full and open competition. Note that only the minimum quantity required to satisfy the unusual and compelling urgency qualifies for this exception; thus, this exception might not suffice to justify option quantities.

c. Industrial Mobilization; or Engineering, Developmental, or Research Capability (FAR 6.302-3) -

The most important part of justifications citing this authority is demonstrating the need to maintain the capability possessed by the identified source(s). Some form of market survey may be critical in demonstrating the uniqueness of this capability.

d. Authorized or Required by Statute (FAR 6.302-5) – It is imperative to identify what is being acquired and the applicable statute authorizing other than full and open competition. Note: Some statutes do not require a written J&A.

e. National Security (FAR 6.302-6) - Provide the minimum essential information needed to establish validity of the justification. This information will make the J&A a classified document. Special https://www.acquisition.gov/?q=/browse/far/6 https://www.acquisition.gov/?q=/browse/far/6 https://www.acquisition.gov/?q=/browse/far/6 https://www.acquisition.gov/?q=/browse/far/6

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Revision 08 Date: 04/18/2018 handling procedures are required for processing such documentation to the approval authority. Only parties with a “need to know” and the proper level of security clearance should be permitted access to the documentation. Such acquisitions are also exempt from synopsis under FAR 5.202(a)(1).

f. Public Interest (FAR 6.302-7) - This authority may only be used when none of the other authorities is appropriate and may not be made on a class basis. Provide detail addressing the reasons full and open competition is not in the public interest and why no other authority is appropriate for use.

Approval to use this statutory exemption may only be made by a written determination by the Secretary of Veterans Affairs, and with Congressional notification not less than 30 days before award of the contract.

J&As for Real Property Procurements, include the following information as applicable in accordance with the GSA Leasing Desk Guide:

[Enter information from GSAM 570.4 which allows for sole source negotiation, i.e.: 570.402/404/405 or etc. with the incumbent Lessor when a cost-benefit analysis shows that the Government cannot expect to recover relocation and duplication costs through competition.] VHA placed an advertisement conforming to [enter information pertaining to the appropriate section of GSAM, i.e.

570.106] on the Federal Business Opportunities Web site (fedbizopps.gov) on [date advertisement was posted] and received [number of expressions of interest received] responses. The expression of interest indicated that the rate would be amount is [dollar amount] NUSF/ABOA or [enter dollar amount] RSF. The interested party that provided the lowest cost quoted a rate of [dollar amount] in protected its expression of interest. Exemption (b)(4) The agency security Award to other than the current Lessor would require relocation of the entire requirement and would requirements are cause [Agency Name] to incur move and replication costs that would not be recovered through protected -competition. [Provide a brief summary of any special use space such as a Sensitive Compartmented Exemption (b)(7) Information Facility (SCIF), Heating , Ventilation , and Air Conditioning (HVAC) enhanced conference rooms with video teleconferencing capabilities, special security requirements, etc., that would all have to protected - be replicated if they were to move.] Exemption (b)(7) The agency name may be redacted ifthe agency is a law enforcement agency and so requests - Exemption (b)(7) [Insert Cost-Benefit Analysis] The cost of relocating [Agency Name] using the low cost quote exceeds the cost of remaining at [current PBS leased location]. The savings to the Government is {dollar amount]. Based on this cost-benefit analysis, the Government cannot expect to recover relocation and duplication costs through competition Therefore, the Government intends to negotiate a succeeding lease and remain at its current location.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Describe all efforts taken (or to be to be taken) to ensure that offers are solicited from as many potential sources as practicable under the circumstances. The following issues should be addressed in this paragraph:

Sources Sought Synopsis: If a sources sought synopsis was issued, state the date the synopsis was issued, the synopsis number, and a brief description of its content. If any responses were received, describe in detail the results of the screening process and the rationale for determining the unacceptability of any synopsis respondents. This is particularly important when citing the authority of 10 USC 2304(c)(1), “Only one (or a limited number of) responsible source(s)”, since it is this survey of the market place that confirms our assumptions regarding the capability of industry to meet our

Commented [DoVA2]: Exempt when posting to FBO after award.

Commented [DoVA3]: Exempt when posting to FBO after award.

Commented [DoVA4]: Exempt when posting to FBO after award.

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Revision 08 Date: 04/18/2018 needs. (See FAR 6.303-2(b)(6)). If the proposed action was not or will not be synopsized, cite the specific authority for not doing so (per FAR 5.202) and the rationale for the synopsis exception. Note that although synopsis of proposed contract actions initiated pursuant to FAR 6.302-2 may not be required, use of this authority is not an automatic exemption from synopsis. (See FAR 5.202(a)(2)).

Other Actions: In this paragraph, discuss any other actions taken or planned to facilitate competition for this acquisition. The discussion should include actions tried or considered even if the actions were unsuccessful. If the efforts were unsuccessful, so state and describe why.

J&As for Real Property Procurements, include the following information in accordance with Draft VA Handbook 7815 and GSAM Part 570:

• Information on the Market Survey conducted (Market Research) and available properties in the market if acceptable, such as:

o Name of Building Owner o Address or location of property

• Discuss any information from an advertisement or Sources Sought Notice on the Federal Business Opportunities website (www.FBO.gov), if required in accordance with Draft VA Handbook 7815, GSAM 570 or FAR and any responses received.

• In accordance with the GSA Leasing Desk Guide, the following is provided as an example:

On [enter date of market survey], [national broker contractor company name or the CO] conducted a market survey and identified four potentially acceptable locations [enter number of properties viewed] that might meet the agency's needs within the delineated area . [Provide a brief summary of the potentially acceptable locations and their ability to meet the Government's requirements.] In addition, an advertisement was placed in FedBizOpps on [date of advertisement]. The CO received only [number of expressions of interest received] responses, which are:

Name of Offeror Name and Address of Building

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

Reasonable: Include a statement by the CO that the anticipated cost will be considered fair and reasonable and provide the basis for this determination. The steps that will be taken to ensure the final contract price will be fair and reasonable are also described here. Describe the extent of cost or price analysis anticipated including the requirements for certified cost or pricing data, technical evaluations, and audits (FAR 6.303-2(b)(7)).

J&As for Real Property Procurements, this information may include information provided by historical data, such as previously awarded leases, existing leases, competition and real estate appraisals. The following information is provided as an example of information to satisfy the determination that the anticipated costs to the Government will be fair and reasonable:

In accordance with Federal Acquisition Regulation (FAR) 6.303-2(b)(7), the CO determines by certifying this document that the anticipated cost to the Government of [dollar figure] NUSF/ABOA to yield [enter dollar figure] RSF for the entire requirement is fair and reasonable. Recent market surveys conducted by {national broker contractor name or the CO] in {city] , [state] showed the rental

Commented [DoVA5]: Exempt when posting to FBO afterward.

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Revision 08 Date: 04/18/2018 rate within the delineated area ranges from [identify rental rate ranges quoted during market survey] per NUSF/ABOA or [enter dollar figure] RSF.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Describe results of market research conducted pursuant to FAR Part 10, the Class Deviation – Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision (Class Deviation – Veterans First Contracting Program (VFCP 2016), VHAPM Part 810.001, and PPM 2016-05. Per PPM 2016-05, Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision: §8127 is mandatory, not discretionary and its text requires the Department to apply the Rule of Two to all contracting determinations. In order to meet the VA Rule of Two, COs shall review the Vendor Information Pages (VIP) database in accordance with VAAR Class Deviation 810.001-70 to determine if two or more service-disabled veteran-owned businesses (SDVOSBs) and veteran-owned small businesses (VOSBs), in the appropriate NAICS code, are listed as verified in the VIP database.

Further, VAAR 810.002 requires COs to record VIP queries in the solicitation file by printing the result of the search(s) along with the specific query used to generate the search(s). COs may use the non-competitive (sole source) procedures authorized in VAAR 819.7007 or 819.7008 up to $5,000,000, as appropriate, subject to review and approval of the designated procurement official outlined in FAR

6.304 (See VHAPM Part 819.7007-7008 for additional details).

When citing the authority of FAR 6.302-1, only one (or a limited number of) responsible source(s), use the following sentence: “As described in Section 6 above, market research, in accordance with FAR Part 10, was conducted by synopsis of the proposed acquisition, advising industry of the pending acquisition and soliciting inquiries from interested parties.”

When other exceptions from the requirement to obtain full-and-open competition are relied upon, the market research might be limited to an examination of the acquisition history…