36C10X20C0033-001.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 (SAC-F), on behalf of Department of Veterans Affairs (VA), Office of Acquisition Logistics and Construction (OALC) located at 810 Vermont Avenue, NW, Washington

DC, 20420.

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

This activity proposes to negotiate a non-competitive award (sole-source) with Blue Water Thinking, (a verified Service-Disabled Veteran-Owned Small Business), for professional support services to assist OALC Office with the implementation and continued assessment of its GAO HRL strategic direction/ plan. The Contractor requirements include supporting OALC HRL efforts for VA Acquisition Management to meet criteria for removal from the High-Risk List (HRL). The estimated value of the proposed action is $4.9 million and the anticipated period of performance for the awarded contract is as follows:

Base Period: May 1, 2020- October 31, 2020- (6 Months) Option Period One November 1, 2020 – April 30, 2021- (6 Months) Option Period Two May 1, 2021 – October 31, 2021- (6 Months) Option Period Three November 1, 2021 – April 30, 2022 (6 Months)

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

VA requires professional support services to assist High Risk List Professional Support Liaison (OALC) Office with the implementation and continued assessment of its GAO HRL strategic direction and concept of operations plan. The support for OALC HRL efforts includes Program Management, Strategic Development, Risk Management, Change Management with Prosci, Technical writing and Administrative Support and Meeting Planning.

The estimated value of the proposed action is $4.9 million and is inclusive of all options.

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 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 $4.9M 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, Blue Water Thinking LLC is a registered and VIP-verified Service-Disabled Veteran-Owned Small Business (SDVOSB) small under the applicable NAICS 541611 Administrative Management and General Management Consulting Services. Blue Water Thinking LLC has the required expertise and experience supporting various VA high level programs. Blue Water Thinking conducts work in all related NAICS and has historically provided services and on-time delivery of specified Professional Services to GAO under its various contracts.

(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. This determination will be based on a comparison of the proposed price to the Independent Government Cost Estimate.

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 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 complimented by an assessment of the level of effort and labor mix proposed as the basis for its firm fixed price.

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.

Market research was conducted, and Blue Water Thinking 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 Blue Water Thinking has no exclusions.

In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for Blue Water Thinking 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.

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

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

Blue water Thinking LLC 3939 Bayside Drive Edgwater MD, 21037

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.

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.

12. Certifications/ Signatures

(1) Technical Representative Certification:

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

Laura Brown Date Program Manager Department of Veterans Affairs Office of Acquisition Logistics and Construction (OALC)

(2) 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 recommended.

Jacky Jean-Jacques

Date

Contracting Officer Strategic Acquisition Center – Frederick

(3) Competition Advocate Review and Approval ($700K to $13.5 million):

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 Jones Date Competition Advocate Competition Advocate Strategic Acquisition Center (SAC) Tracking Number: DJ022

Laura J Brown 1365022 Digitally signed by Laura J Brown 1365022 Date: 2020.04.24 14:10:46 -04'00'

4/24/2020 vacojonesd12 Typewritten Text 4/24/2020