36C10X24Q0388_1.docx

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103 Frederick, MD 21703

GENERAL INFORMATION

BASE NOTICE TYPE

SET-ASIDE

Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703

POINT OF CONTACT*

Contracting Specialist Carl Weber carl.weber3@va.gov

AWARD INFORMATION

ADDITIONAL INFORMATION

Award Notice Award Notice

DESCRIPTION

JUSTIFICATION AND APPROVAL

FOR OTHER THAN FULL AND OPEN COMPETITION

(1) Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for Other Than Full and Open Competition."

This justification for an exception to fair opportunity is executed by the Strategic Acquisition Center- Frederick (SAC-F), on behalf of the Department of Veterans Affairs (VA), VA Acquisition Academy (VAAA).

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

This activity proposes to negotiate a non-competitive award firm fixed price sole source award to Four Points Technology, LLC, a Service-Disabled Veteran-Owned Small Business (SDVOSB), to reestablish/add 17 Adobe Captivate Enterprise licenses with maintenance and platinum support to task order 36C10X20F0083 issued against NASA SEWP Contract NNG15SD22B. The period of performance is for 12-months, from September 28, 2024 – September 27, 2025.

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

Adobe Captivate Enterprise licenses with maintenance and platinum support will allow users to utilize developmental needs across the academy. Furthermore, it supports dynamic creations for the VAAA with its evolutionary development needs and management of course curriculum content, advertisement brochures, and the of tools needed to streamline workflows across the academy.

This continuing effort will allow the government to seamlessly continue services without break in development and virtual deliveries of VA and Government training of: Contracting Officer Representative (COR) Certification, Program Management (PM), Contracting Workshops, Acquisition Career Officer workshops, SAC-F Industry Day conferences to name a few.

Total estimated value of the acquisition is in the amount of $XX,XXX.XX.

(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 U.S.C.§ 8127(c) and VAAR 806.302-570(c).

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

The proposed source for this acquisition is Four Points Technology, LLC, 14900 Conference Center DR STE 100, Chantilly, VA 20151-3834. Four Points Technology, LLC is a certified SDVOSB per SBA VetCert and is technically qualified to provide software from Adobe.

(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 819.7008(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, 819.7008(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 SAM.gov, 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 cost to the Government to be fair and reasonable. This determination will be based on a comparison of current contract pricing, and other information as made available.

(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.

Four Points Technology, LLC has successfully supported VA under task order 36C10X20F0083 issued against NASA SEWP Contract NNG15SD22B and has been determined to be a responsible source with respect to performance. They are registered and verified in SBA VetCert as a SDVOSB with the NAICS code 541519 for this requirement which in accordance with Public Law 109-461, Section 502(c) meets the requirements of this statute to allow a sole source to a SDVOSB.

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

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

The Procuring Contracting Officer has determined that this proposed action meets all the requirements of 38 U.S.C. 8127(c). This acquisition is below the $5,000,000.00 threshold, Four Points Technology, LLC is a responsible SDVOSB for performance of the services described herein, and the proposed contract can be awarded at a fair and reasonable price.

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

Four Points Technology, LLC 14900 Conference Center DR STE 100 Chantilly, VA 20151-3834

UEI: H1KHJPJH9R51

Jason Goldberg

(703) 657- 6115 jgoldberg@4points.com

(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 will be available for competitive.

(12) Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

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.

Signature: ES________________________________________________ Stacy Greber Lead Program Manager Veterans Acquisition Academy (VAAA)

(13) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer ’s knowledge and belief.

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 6.304 serves as approval.

Signature: ES________________________________________________ Brian Kadel Contracting Officer Strategic Acquisition Center – Frederick (SAC-F) image1.jpeg