36C10X19C0022-001.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Acquisition Operations Strategic Acquisition Center – Frederick

5202 Presidents Court, Suite 103 Frederick, MD 21703

Justification and Approval for Other than Full and Open Competition 6.302-5 – Authorized or required by statute

1. Identification of the agency and the contracting activity.

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center in Frederick, Maryland on behalf of the Department of Veterans Affairs (VA), Office of Management/Office of Budget (OM/OB).

2. Nature and/or description of the action being approved.

This action is a non-competitive award (sole-source) with Office Design Group (ODG), Inc for the procurement of furniture and related installation and design services for the 6th floor renovation of the 810 Vermont Ave facility in NW Washington D.C.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The Government requires contractor support with furniture disassembly, purchase, and installation for the 6th floor renovation space redesign. The contractor shall provide, new workstations, task chairs, lateral files, storage cabinets, and guest chairs that meet the field verification and in accordance with the specifications outlined in the Statement of Work.

The total estimated value of the proposed action with options is $377,263.86.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition for this procurement is Public Law (PL) 109-461, Veterans First Contracting Program, as codified at 38 U.S.C. 8127 and 8128 and implemented at Veterans Affairs Acquisition Regulation (VAAR) Subsection 819.7007(c).

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

38 U.S.C. 8127(c) permits a contracting officer to award a contract to a verified SDVOSB using procedures other than competition if:

(1) such concern is determined to be a responsible source with respect to performance of such contract opportunity;

(2) the anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 134 of title 41) but will not exceed $5,000,000; and

Strategic Acquisition Center – Frederick

(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.

The proposed action meets all three of the requirements of 38 U.S.C. 8127(c). First, ODG has been verified by VIP as owned and controlled by a service-disabled veteran. ODG provides the office furniture and related services required under this Statement of Work. Further, ODG has successfully provided services to the VA similar to the required services, most recently for the VHA GenAd Office.

ODG is also registered in the System for Award Management (SAM) as a small business under the applicable North American Industry Classification System (NAICS) code. As such, ODG is determined to be a responsible source with respect to performance of this opportunity.

Second, the anticipated award price of the contract is $377,263.86 and, therefore, does not exceed the statutory threshold.

Finally, the Contracting Officer estimates that the award can be made at a fair and reasonable price that offers best value to the United States. The VA possesses ample historical pricing information that can be used to determine whether the proposed price is fair and reasonable and, depending on the contracting officer’s analysis of the proposed price, to further negotiate the proposed price. Because ODG has already competed for and been awarded a contract with the VA for similar services, it is likely that it will again be able to submit an offer providing best value to the United States. Most importantly, the Contracting Officer will not award a contract without first determining that the proposed price is fair and reasonable and the offer represents best value.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

In accordance with 819.7007(b), the determination to make a sole source award to an SDVOSB is a business decision wholly within the discretion of the Contracting Officer; therefore, the requirement to ensure that offers are solicited from as many potential sources as practicable is not applicable to this procurement. In addition, 819.7007(c) further authorizes the Contracting officer to make the award without first determining that only one SDVOSB source can meet the requirement.

A notice of the proposed action will be synopsized via the Government Point of Entry (GPE) in accordance with FAR Section 5.201, and the agency will make publicly available the justification required by 6.305(a) within 14 days after contract award.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

No award shall be made until the Contracting Officer determines the costs to the Government to be fair and reasonable. This determination will be based on the historical pricing data agreed to in one or more VA contracts for the same or similar services.

Strategic Acquisition Center – Frederick

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

The Contract Specialist reviewed other VIP verified SDVOSB contractors under GSA Schedule Contract 71 II K, Comprehensive Furniture Management Services, SIN 712 1, Project Management (Furniture/Furnishing Related). However, ODG recently performed services similar to the OM/OB requirement for the Strategic Acquisition Center – Frederick. Performance on the contract was satisfactory, therefore ODG is the SDVOSB considered for the OM/OB requirement. Market research was conducted using the Vendor Information Pages (VIP) database to ensure that ODG is verified as an SDVOSB. In addition, ODG is also registered in the SAM as a small business under the relevant NAICS code.

9. Any other facts supporting the use of other than full and open competition.

The FAR allows restrictive provisions or conditions to the extent necessary to satisfy the needs of the agency or as authorized by law (FAR Subsection 11.002(a)(1)(ii)). As such, the Government has discretion to reasonably restrict competition as long as that requirement is needed to meet the agency’s minimum need.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

None.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The VA will continue to conduct market research and will consider competing similar future requirements.

12. Certifications / Signatures.

Contracting Officer Certification/ Approval:

Pursuant to FAR Subsection 6.303-2(b)(12), I certify that this justification is accurate and complete to the best of my knowledge and belief and approval is thus provided.

Kevin Armillotti Date Contracting Officer Strategic Acquisition Center – Frederick