JA FAR Part 13 VAO AKP.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL)

Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103

Frederick, MD 21703

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR

CERTAIN COMMERCIAL ITEMS IN ACCORDANCE WITH FEDERAL ACQUISITION

REGULATION (FAR) 13.5

(1) Identification of the agency and contracting activity, and specific identification of the document as a “Sole Source Justification Under Simplified Procedures for Certain Commercial Items in Accordance with Federal Acquisition Regulation

(FAR) 13.5.”

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) Office of Acquisition, Logistics and Construction (OALC) lead by the Principal Executive, OALC and Chief Acquisition Officer (CAO).

(2) The nature and/or description of the action being approved, i.e., sole source under procedures for certain commercial items in accordance with FAR 13.5.

This activity proposes to negotiate a non-competitive open market firm-fixed price award to Unison Virtual Acquisition Office, LLC, to continuously provide the Virtual Acquisition Office (VAO) subscription, as well as the development and maintenance of innovative Acquisition Knowledge Portal (AKP) tools, systems, and resources.

(3) A description of the supplies and/or services required, including the delivery schedule and/or the period of performance (inclusive of all option periods), and the estimated dollar value of the acquisition.

In 2019, the VA was placed on the General Accountability Office (GAO) High Risk List (HRL) and required to improve its Acquisition Management. Some of the areas GAO sited in its HRL report included outdated acquisition regulations and policies, inadequate acquisition workforce training, and lack of reliable data systems. To address the mentioned areas, contract for VAO and AKP was established in 2019 under a non-competitive award and innovative acquisition solutions and services are continued to be needed for improvement.

This acquisition is for professional support services to provide the VA acquisition workforce with Virtual Acquisition Office (VAO) subscriptions, as well as the development and maintenance of innovative Acquisition Knowledge Portal (AKP) tools, systems, and resources.

The VAO subscription allows VA’s acquisition workforce access to daily acquisition regulatory and policy updates, targeted training, acquisition tools, and various acquisition webinars for just-in-time training; thus, building on the current methods of both delivering training and meeting the GAO recommendation to improve acquisition workforce training. Furthermore, the VAO subscription offers real-time information, Strategic Acquisition Center (SAC) content, support, and services to improve the VA’s Acquisition Management by using the AKP and other VAO-powered tile services.

The development and maintenance of innovative Acquisition Knowledge Portal (AKP) tools, systems, materials, and resources provide the VA acquisition workforce with the latest innovative technology, such as artificial intelligence and robotic process automation (RPA). The goal of these tools is to eliminate repetitive acquisition tasks throughout the acquisition lifecycle; thus, producing more efficient and reliable data systems as well as data for decision making regarding the acquisition process.

The VAO subscription, coupled with the AKP tools, systems, and materials, and resources, fills critical gaps such as a single source for policy, business practices, templates, tools and access to various other VA and federal systems. The subscriptions are needed to support the functionality and capability required to complete various acquisition activities throughout the acquisition lifecycle.

The estimated value of this acquisition is $3,787,016.00 for a period of performance of one full year starting March 31, 2024.

(4) The statutory authority permitting sole source.

This action is under the procedures of Federal Acquisition Regulation (FAR) 13.5 under the authority of 41 U.S.C. 1901, Simplified Acquisition Procedures.

This acquisition is conducted under the procedures of FAR subpart 13.5, used in accordance with the authority of 41 U.S.C § 1901. FAR 13.5 authorizes the use of Part 13 simplified procedures for certain commercial items. Acquisitions conducted under simplified acquisition procedures are exempt from the competition requirements listed in FAR Part 6. FAR 13.501(a)(1). Instead, Contracting Officers are required to promote competition to the maximum extent practicable. FAR 13.104. FAR Part 13 requires the agency to justify in writing sole source acquisitions. FAR 13.501(a)(1)(i). The agency may solicit from only one source if the circumstances of the contract action deem only one source reasonably available. FAR 13.106-1(b)(1)(i).

(5) A statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

Unison Virtual Acquisition Office, LLC (Unison) has developed and designed the AKP and continues to work extensively with OALC to provide the VA acquisition workforce with the Virtual Acquisition Office (VAO) subscription, with the development and maintenance of innovative Acquisition Knowledge Portal (AKP) tools, systems, and resources. The use of a different vendor would require duplication of effort to establish a new portal including all updates with artificial intelligence, RPA, and VAO subscriptions

Strategic Acquisition Center (SAC) to meet current and future needs. Unison has developed and created the AKP and has the proprietary data rights for continued service and is able to provide updates without costly and time intensive duplication of efforts.

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

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) The anticipated dollar value of the proposed acquisition, including options if applicable, and a determination by the contracting officer that the anticipated cost to the government will be fair and reasonable.

The anticipated dollar value of the proposed acquisition is $3,787,016.00 for a period of performance of one full year.

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on a comparison of current contract pricing, past proposal submissions (if available), other information made available, and an Independent Government Cost Estimate.

(8) A description of the market research conducted and the results or the reason market research was not conducted.

Market research was conducted, and Unison Virtual Acquisition Office, LLC has been determined to be a responsible sole source with respect to performance. The NAICS code 519290 - Web Search Portals and All Other Information Services and Product Service Code (PSC) 7A21 - IT and Telecom Business Application Software (Perpetual License Software), are most appropriate for this requirement. A search of Veteran Small Business Certification (VetCert) website provided 79 Veteran Owned Small Businesses (VOSBs) under the NAICS code 519290. Further Market Research was conducted via FSS vendor websites to determine if competition was viable for this action. While other sources had the general capabilities needed to perform the proposed effort, Unison Virtual Acquisition Office, LLC has developed and created the AKP, and has the data rights for continued service.

https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

Strategic Acquisition Center (SAC)

Market research determined that no other firm can provide this continued required service and Unison provided a sole source letter confirming that Unison is the sole provider and there are no distributors or resellers of its AKP and VAO product and services at this time. The Government will continue to research alternatives with the intention of issuing a competitive solicitation in March 2025 at conclusion of this 1-year award.

(9) Any other facts supporting the use of sole source.

None.

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

Name: Unison Virtual Acquisition Office, LLC Address: 21251 Ridgetop Cir Ste 100 Dulles, VA 20166

(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.

Strategic Acquisition Center (SAC)

(12) Certifications / Approval / Signatures

Technical Representative Certification:

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

Signature: _________________________________ Date: ____________ Kathleen Wheat Procurement Analyst Office of Acquisition and Logistic Construction (OALC)

Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief. As this action does not exceed $750,000, the certification below required by FAR 13.501(a)(2)(i) serves as approval.

Rebecca Ubert Contracting Officer Strategic Acquisition Center – Frederick (SAC-F)

Approval

In my role as Contracting Activity Competition Advocate, based on the foregoing justification, I hereby approve this acquisition on an “other than full and open competition” basis pursuant to the statutory authority cited in paragraph four above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition. As this action does not exceed $15M, the certification below required by FAR 13.501(a)(2)(ii) serves as approval.

Efrain J. Fernandez Director of Contracts, Acquisition Service 1-3 Procuring Activity Advocate for Competition (SAC-Frederick) Tracking Number: 24F-0085