JA_REDACTED_UPDATED.pdf

JA template - FAR Part 6_MAY_28_2015

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of Veterans Affairs (VA) Office of Acquisition Operations

Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

2. Description of Action:

The proposed sole source action is for firm-fixed price (FFP) for the renewal of software subscriptions for ProjNet DrChecks software in use by the Office of Construction & Facilities Management (CFM).

3. Description of Supplies or Services:

The proposed contract is to renew software maintenance for DrChecks software currently in use by CFM for a total five one-year subscriptions, each consisting of three small licenses and one large license, to allow CFM to manage its design reviews of construction projects. The ProjNet DrChecks software is used to provide business-process based information exchange applications between the public sector contact or project management offices, funding agencies, and all tiers of designers, consultants, builders, subcontractors, suppliers and manufacturers. It allows the users to securely coordinate information exchanged, and all data is processed with a security accredited platform. ProjNet DrChecks expedites the process and the resolution of each improvement suggestion under its Design Review and Checking System. The software is used to empower project teams to improve design quality through an integrated web-based business process.

DrChecks software subscriptions provide access to the software, access to webinar software training, and call center support for account registration, login, password, and other general questions. The three small licenses will be for CFM locations in Silver Springs, Maryland, North Chicago, Illinois, and Mare Island, California. The one large license is for the Headquarters, Department of Veterans Affairs (VA) in Washington, DC. The period of performance is a one year base plus four one-year options. The total estimated value of this procurement is $529,137.00 (inclusive of options).

4. Statutory Authority: The statutory authority permitting other than full and open competition is 41 U.S.C.3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Rationale Supporting Use of Authority Cited Above:

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The proposed source is the National Institute of Building Sciences (NIBS); 1090 Vermont Avenue, NW, Suite 700, Washington, DC 20005-4950. The U.S.

Congress authorized the establishment of NIBS through the Housing and Community Development Act of 1974, Public Law 93-383. This legislation authorizes agency and departments to “contract with and accept constracts from the Institute for specific services where it is deemed appropriate by the responsible Federal official involved”. Congress recognized the need for an organization that could serve as an interface between government and the private sector. NIBS’s mission is to serve the nation and the public interest by supporting advances in building science and technology to improve the built environment. Through NIBS, Congress established public/private partnership to enable findings on technical, building-related matters to be used effectively to improve government, commerce and industry.

Initially ProjNet DrChecks was developed by U.S. Army Engineer Research and Development Center (ERDC), Construction Engineering Research Laboratory (CERL), Champaign, Illinois. Created and maintained by the ERDC Construction Engineering Research Laboratory (CERL), Project Extranet (ProjNet) is an internet-based service that allows the secure exchange and processing of design and construction information among authorized business partners. ProjNet offers a suite of tools to manage owner-related business processes including design reviews, bidder inquiry, requests for information and construction submittals reviews. ProjNet facilitates the formal oversight, control, review, management and secure exchange of complex project documents among and between all project stakeholders.

ERDC-CERL have licensed the ProjNet DrChecks to NIBS in early fiscal year 2007. This effort constitute a technology transfer and makes ProjNet DrChecks tools now a commercial product. It is determined that NIBS is the only licensor hence the only source that will satisfy the agency needs.

6. Efforts to Obtain Competition:

Market research was conducted, details of which are in the market research section of this document. This effort did not yield any additional sources that can meet the Government’s requirements. There is no competition anticipated for this acquisition. Additionally, the proposed action will be synopsized on the Federal Business Opportunities Page in accordance with FAR 5.201. Any proposals that are received shall be evaluated.

7. Actions to Increase Competition:

The Government will continue to conduct market research to ascertain if there are changes in the market place that would enable future actions to be competed. In accordance with FAR 5.201, the proposed action will be synopsized on the Federal Business Opportunities Page. Any proposals that are received shall be evaluated.

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8. Market Research:

ProjNet DrChecks was developed by U.S. Army Engineer Research and Development Center (ERDC), Construction Engineering Research Laboratory (CERL), Champaign, Illinois. ERDC-CERL created and maintained the development tools in 1998 and licensed to NIBS in 2007. The Institute, authorized by Public Law 93-383 in 1974, is a nonprofit, non-governmental organization that is able to offer wider visibility than was possible for ERDC researchers. The Institute serves as an authoritative source of advice for both the private and public sectors to use in the building science and technology. A search of the internet conducted on June 14, 2018 indicated that NIBS was the only source for ProjNet DrChecks software. In addition, email contact was made with ERDC-CERL confirmed that NIBS is the only authorized source for this software.

9. Other Facts:

None.

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on.

12. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief. As this contract action does not exceed $650,000, the certification below required by FAR 6.303- 2(b)(12) serves as approval.