FY20 DJ014 - JA Techwerks (SDVOSB).pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC)

5202 Presidents Ct, 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 (SAC), on behalf of the Department of Veterans Affairs (VA), Veterans Benefits Administration (VBA), Veterans Relationship Management (VRM) Contact Center Modernization (CCM) Veterans Experience Office

(VEO).

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

This activity proposes to negotiate a non-competitive award (sole-source) with TechWerks, LLC, a Service-Disabled Veteran-Owned Small Business (SDVOSB), for the procurement of the delivery of web-based training (WBT) modules and other training aids, and as well as facilitate instructor led training (ILT) in a virtual or on-site capacity.

These deliverables are developed as a collaborative effort between the Multi-Channel (MCT) team; the developer of Customer Relationship Management (CRM) and Knowledge Management (KM) functionality; Operations and Maintenance; and the hosting vendor. The estimated value for this acquisition is $2,332,637.00 and the period of performance is 10 months.

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

This effort is for continued development and delivery of web-based training materials and modules for VA call center personnel. The proposed follow-on contract would allow the current vendor, TechWerks, to continue providing full support of the training activities to include: a continuation of the development of CRM and KM curriculum for WBT and learning assessments; CRM and KM training support materials such as exercises, job-aides and “tips and tricks” guides; CRM and KM simulations and WBT modules for standalone use; leading and participating in virtual or in-person training sessions; and development and participation in Sprint Reviews and super user workshops. Sprint Reviews are conducted every three weeks to demonstrate recently developed system functionality and super user workshops are conducted as working sessions for a specific piece of system functionality to align the needs of business experts with their business lines.

Strategic Acquisition Center (SAC)

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

The statutory authority permitting other than full and open competition is 41 U.S.C.

§ 3304(a)(5) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302- 5 entitled, “Authorized or required by statute”. The applicable statute is Public Law 109- 461: “Veterans Benefits, Health Care, and Information Technology Act of 2006” specifically, the “Veterans First Contracting Program” outlined in 38 USC § 8127(c).

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

VAAR 819.7007 states explicitly, “A determination that only one SDVOSB can meet the requirement is not required,” and that using this authority, the following must be verified:

(1) The anticipated award price of the contract (including options) will not exceed $5 million;

The estimated value is 2.3M and does not exceed $5M.

(2) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.301(d);

This J&A will be posted on FBO.

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and

TechWerks, LLC is a registered and verified Service-Disabled Veteran-Owned Small Business (SDVOSB). TechWerks performed the im support in the previous order and is familiar with the tasks for this effort. VEO requires TechWerks to continue the current support in order to meet the next milestone scheduled next month and then to continue with implementation. Switching to another contractor would require ramp up time and a learning curve. Thus, the cost to procure support services from another contractor would be cost prohibitive. Failure to sole source to TechWerks will prevent VEO from having the support that is required to meet the priorities and goals of VBA and effectively respond to Veteran’s needs.

(4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government https://www.acquisition.gov/content/part-6-competition-requirements#i1119843 https://www.acquisition.gov/content/part-5-publicizing-contract-actions#i1120562

Strategic Acquisition Center (SAC)

The previous award was made under competitive procedures with rates from a multiple award ID/IQ that were found acceptable at time of award. The rates will be verified using the IGCE, the rates from the previous order, and technical expertise. A fair and reasonable price determination will be made prior to award.

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.

IAW VAAR § 819.7007 Sole source awards to service-disabled veteran-owned small business concerns (b), “The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. A determination that only one SDVOSB concern is available to meet the requirement is not required.”

A notice will be publicized as required by Subpart 5.2.

7. A description of the market research conducted (see Part 9) and the results or a statement of the reason market research was not conducted.

Market research was conducted and TechWerks, LLC has been determined to be a responsible source with respect to performance. They are registered and certified in VetBiz.gov as a SDVOSB with the NAICS code for this requirement which in accordance with Public Law 109-461 Section 502(c) meets the requirements of this statute to sole source to a SDVOSB. In addition, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and TechWerks, LLC represented that they are an SDVOSB.

In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for TechWerks, LLC that would indicate defective pricing, instances of contractor fault or recipient not-qualified, terminations for cause, default or material failure to comply, or non-responsibility of the contractor.

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

In accordance with Public Law 109-461, codified at 38 USC § 8127, in order to increase contracting opportunities for small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities, contracting officers of the VA are given specific statutory authority to award a contract to a small business concern owned and controlled by veterans using

Strategic Acquisition Center (SAC) procedures other than competitive procedures (i.e. a “sole source” contract). The contracting officer may do so in accordance with VAAR 819.7007.

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

TechWerks, LLC 552 Desert Oak Dr.

Pensacola, FL 32514

10. 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.

All future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive.

11. Certifications / Signatures.

Technical Representative Certification:

I certify that the foregoing justification is complete and accurate to the best of my knowledge and belief.

Edgardo Martinez Date Senior Management Analyst Office of Facilities, Access and Administration

Strategic Acquisition Center (SAC)

Contracting Officer Certification:

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

Tara Flores Date Contracting Officer Strategic Acquisition Center- Frederick (SAC-F)

Competition Advocate Approval:

Competition Advocate Approval

Upon the basis of the above justification, I hereby approve, as advocate for competition for the procuring activity, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 38 U.S. Code 8127(c).

Donald (Jason) Jones Date Competition Advocate Strategic Acquisition Center (SAC) vacojonesd12 Typewritten Text 27 Jan 2020 vacojonesd12 Typewritten Text Competition Advocate Tracking Number DJ014