36C24118C0104-006.pdf

VHAPM Part 819.7007/7008 Sole Source Awards to a Verified Service-Disabled Veteran-owned Small Business/Veteran-owned Small Business

VOSB Sole Source Justification Greater than SAT

VHAPM Part 819.7007/7008 Page 1 of 3 Original Date: 08/30/2017 Revision 01 Eff Date: 04/23/2018

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C241-18-AP-1171

1. Contracting Activity: Department of Veterans Affairs. SAO East Network Contracting Office 1, (New

England) Purchase Request Number 402-18-4-7054-0229.

2. Nature and/or Description of the Action Being Processed: VAMC Togus, Maine has a requirement for Food Room Service Consultation. One new firm fixed price contract is under consideration and will be awarded to a Contractor who shall provide all office equipment, labor, supervision, management, transportation, supplies, and materials to provide design, planning, implementation and training services for implementing a dining system and equipment upgrade tailored to the VA Maine HCS, Togus Medical Center, 1 Veteran Center, Augusta, ME, 043305. The contractor under consideration is Donald C. Miller & Associates, Inc. (DM&A), Chula Vista, California DUNS:

030539597.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The contract will implement a quality enhanced dining system, to include equipment upgrades that will allow residents to make appropriate choices on what to eat as close to meal time as possible. The primary purpose of this position is to provide enhanced dining consultation and recommendations in accordance with industry best practices applicable to the Department of Veterans Affairs.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a) (5), 38

U.S. Code § 8127, as implemented by FAR 6.302-5 (Authorized or Required by Statute). Contracting Officers may use the non-competitive (sole source) procedures authorized in VAAR 819.7007 or

819.7008 up to $5,000,000. The specific VAAR clause is:

(X) 819.7008 Sole source awards to a verified veteran-owned small business

5. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): Donald C. Miller and Associates (DM&A) is a certified Veteran Owned Small Business (VOSB) and has successfully performed this service at multiple VA locations throughout the country including the VA Medical Centers in Chicago IL, Perry Point MD, and Milwaukee Wi. Based on authority in 38 U.S.C. 8127 sole source awards to VOSB enterprises are allowable.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A Sources Sought was issued on the government portal FedBizOps (FBO) on August 15 2018, ending August 20, 2018 in an attempt to determine if any Service Disabled Small Businesses (SDVOSB) could perform the task. No responses were received.

VHAPM Part 819.7007/7008 Page 2 of 3

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and

Reasonable: By referencing the cost of the same service at other VA Medical facilities as well as those facilities square footage we can determine that the cost is fair and reasonable.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Market research was conducted on VetBiz with NAICS code 541611 and a list of potential SDVOSBs and VOSB was generated. The Contract Specialist also contacted the Contracting Specialist that is administering the Perry Point VA’s service contract VA245-17-C-0149 as she has provided the initial market research conducted on that action and the reason for sole sourcing it. A list of all contracts that BM&A has been awarded was also generated from FPDS-NG. All these items listed above are attached in the contract file.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The contractor

DM&A, as stated above, has and is performing this exact services throughout the VA and is a certified VOSB.

10. Listing of Sources 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 Making subsequent acquisitions for the supplies or services required: The requesting services continues to monitor developments in this area. This J&A will be posted to www.fbo.gov, the Government Point of Entry (GPE).

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Kevin LaBrie Date Contracting Officer NCO1 Contracting

13. Approvals in accordance with the

a. Contracting Officer or Designee’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

John Young Date Contracting Officer

VHAPM Part 819.7007/7008 Page 3 of 3

b. One Level above the Contracting Officer (Required over the SAT but not exceeding $700K): I certify the justification meets requirements for other than full and open competition.

Michael Corriveault Date NCO1, Deputy Director of Contracting

VHAPROCORRIM

Typewritten Text 08/22/2018