P03 FINAL JA FAR 8.405-6 Limited Sources Justification Over SAT CyberFEDS.pdf

VHAPM Part 808.405-6 Limiting Sources Attachment 2: Request for Limited Sources Justification Format >SAT

VHAPM Part 808.405-6 Limiting Sources Page 1 of 5 Original Date: 08/30/2017 Revision 03 Eff Date: 03/18/2021

LIMITED SOURCES JUSTIFICATION

ORDER >SAT

FAR PART 8.405-6

Acquisition Plan Action ID: 36C256-24-AP-2425

(1) Contracting Activity: Department of Veterans Affairs, Veterans Health Administration, Network Contracting Office 16 in support of VISN 16 South Central VA Health Care Network, 715 South Pear Orchard Drive, Ridgeland, MS 39157.

(2) Description of Action: This acquisition is conducted under the authority of the Multiple-Award Schedule Program (41 U.S.C. 152(3) and 40 U.S.C. 501). This is a new requirement for (cyberFEDS) Electronic Subscription Services however such services have been previous acquired and are being used at the facility. See descriptions below.

Order against: FSS Contract Number: 47QTCA20D002P

Name of Proposed Contractor: LRP Publications, INC.

Street Address: 360 Hiatt Dr

City, State, Zip: Palm Beach Gardens, FL. 33418

POC and Phone: Deborah Jacker, 800-515-4577, ext. 6393, djacker@lrp.com

(3) Description of Supplies or Services:

Cost and Period of Performance: The estimated value of this procurement is $293,100.00. The expected period of performance is a base year (of twelve (12) months) with four (4) option year periods (each twelve (12) months in length) from 05/01/2024 thru 09/30/2028.

Overview: The specific services being requested are the following: (cyberFEDS) Electronic Subscription Services. The (cyberFEDS) Electronic Subscription Services (database) is currently being used by Department of Veterans Affairs Human Resources Offices to provide access to the following: case laws, arbitration awards, statutes, regulations, decisions (i.e., Federal Sector, court, and private sector), forms for Human Resource Programs (i.e., Employee Relations, Staffing and Classification, Recruitment & Retention, Succession Planning, Pay & Benefits, Training & Workforce Development) as well as Equal Employment Opportunity (EEO), Diversity, and Labor Relations (see illustration below).

VHAPM Part 808.405-6 Limiting Sources Page 2 of 5 Original Date: 08/30/2017 Revision 03 Eff Date: 03/18/2021

Need Description: The field of human resources is vast in scope and the overall “reach” of human resources encompasses many areas. Professionals in this field must have (readily available, full, and immediate) access to a multitude of data and a wide variety of informational resources which will allow them to effectively execute the duties of their position on a daily basis. The Director of Human Resource (DHRO), Human Resource Line, VISN 16 Headquarters and their supporting staff have a recurring and continuing need for electronic subscription services. The obtainment of these services will support their daily human resources mission with the data and information that they require. Such data and information includes but is not limited to the following: access to case laws, arbitration awards, statutes, regulations, decisions (i.e., Federal Sector, court, and private sector), forms for Human Resource Programs (i.e., Employee Relations, Staffing and Classification, Recruitment/Retention, Succession Planning, Pay & Benefits, Training & Workforce Development) as well as Equal Employment Opportunity (EEO), Diversity, and Labor Relations. An electronic subscription medium that provides all of the information required with all-encompassing access to the full realm of subscriptions needed is a necessity.

(4) Identify the Authority and Supporting Rationale (see below and if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

FAR 8.405-6(a)(1)(A): An urgent and compelling need exists and following the ordering procedures would result in unacceptable delays: N/A

FAR 8.405-6(a)(1)(B): Only one source is capable of providing the supplies or services required at the level of quality required because the supplies or services are unique or highly specialized.

LRP Publications, Inc. has been identified as the contractor that has the unique capability to provide all electronic subscriptions needed (thorough use of their unique cyberFEDS delivery system) which provides full access to the areas required (case laws, arbitration awards, statutes, regulations, decisions, VHAPM Part 808.405-6 Limiting Sources Page 3 of 5 Original Date: 08/30/2017 Revision 03 Eff Date: 03/18/2021 forms, and periodicals). It is noted that cyberFEDS (from LRP Publications, Inc.) is already integrated at the human resources department at the facility (and is being used at other Department of Veterans Affairs locations) to provide the electronic subscriptions needed covering the areas required. CyberFEDS (a unique product of LRP Publications, Inc.) is a unique database that offers case law, regulations, forms, and reference guides specific to federal employment law that is specifically targeted to human resource managers/personnel. In addition to these functions, the CyberFEDS subscription platform consists of a comprehensive bundle that is not found from any other contractors with other subscription databases.

While cyberFEDS offers an all-inclusive, all-encompassing electronic subscription bundle that fully covers the human resource arena, other contractors do not or could not provide these attributes with their subscription delivery mediums. A combination of various subscriptions (that must be accessed from various sources to create one subscription platform) will not meet facility needs and often lacks required features/attributes which are available through cyberFEDS. (Unlike other electronic subscription systems, cyberFEDS provides assistance with user research and technical issues. Such features/attributes are not available from other contractors with other systems). As cyberFEDS is already integrated at the Department of Veterans Affairs to support the HR mission utilization of other contractors with different systems, different databases (and/or incomplete offerings) is not compatible nor feasible. Human resources managers and their support staff would likely experience a significant “learning curve” if mandated to use a new subscription delivery system/database. Also, a different electronic subscription delivery service/database would not support continuity, uniformity, and consistency in this area.

FAR 8.405-6(a)(1)(C): In the interest of economy and efficiency, the new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures. N/A

FAR 8.405-6(b): Items peculiar to one manufacturer:

A patent, copyright or proprietary data limits competition. The proprietary data is: N/A

These are “direct replacements” parts/components for existing equipment. N/A

The material/service must be compatible in all aspects (form, fit and function) with existing systems presently installed/performing. (cyberFEDS) Electronic Subscription Services is already being used by the Human Resource Department at the facility. Utilization of the cyberFEDS Electronic Subscription Services has enabled the Human Resource Department to effectively meet its needs for providers and associated staff alike. In lieu of different and “piecemeal” subscription systems available from other contractors, the CyberFEDS system provides all of the subscription offerings needed and achieves consistency across the board. The CyberFEDS has an effectiveness level that has been demonstrated. Based on the existing CyberFEDS Electronic Subscription Services that are already being used within the organization, the continuing purchase of these same services are needed to ensure compatibility, consistency, uniformity, and familiarity across all facets for all parties concerned.

VHAPM Part 808.405-6 Limiting Sources Page 4 of 5 Original Date: 08/30/2017 Revision 03 Eff Date: 03/18/2021

(5) Describe Why You Believe the Order Represents the Best Value consistent with FAR 8.404(d) to aid the contracting officer in making this best value determination. Thorough use of their system cyberFEDS, LRP Publications, Inc., a non-veteran small business, has the unique capability to fully support this acquisition utilizing their GSA contract/schedule for all services. It is confirmed that LRP Publications, Inc.

is able to provide the full scope (and all of) the electronic subscriptions that are needed by the facility.

Other contractors (in any socioeconomic category) do not possess this unique capability and these contractors cannot provide the full level of support required nor furnish all the publications needed.

(6) Describe the Market Research Conducted among schedule holders and the results or a statement of the reason market research was not conducted. Market Research was conducted for this procurement.

A search of the SBA VetCert found that under the applicable NAICS code (513120) there are eight (8) Service-Disabled Veteran Owned Small Businesses (SDVOSB’s) and Veteran Owned Small Businesses (VOSB’s) that are available. While such contractors are available, these contractors are not able to provide all of the needed subscription offerings that are required by the facility. Acquisition history and market research show that the Department of Veteran Affairs has procured electronic subscription services in past procurements and that the cyberFEDS delivery system (from LRP Publications, Inc.) is already in place and is being used by many HR offices across the Department of Veterans Affairs.

Alternate contractors (SDVOSB’s, VOSB’s, Non-Veteran Small Businesses, and Large Business) do not possess the unique capability to fully support this acquisition when compared to the unique offerings by/from cyberFEDS (LRP Publications, Inc.). Prior to award, an Intent to Sole Source Notice will be posted to the Government Point of Entry (GPE) which will allow contractors (in any socioeconomic category) to inquire about this non-competitive acquisition (if they believe that their capabilities warrant full support of this acquisition and further consideration).

(7) Any Other Facts Supporting the Justification: No other supporting facts are being included. Details for this justification have already been described herein.

(8) A Statement of the Actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made Competition is desired for government acquisitions whenever possible or feasible to acquire needed services. For some acquisitions (like the procurement described herein) non-competitive avenues must be pursued in order to obtain the specific (and full scope) of services that are required.

(9) 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. I understand that processing of this limited sources justification restricts consideration of Federal Supply Schedule contractors to fewer than the number required by FAR Subpart 8.4.

FOR: 04/03/2024

SIGNATURE DATE

VHAPM Part 808.405-6 Limiting Sources Page 5 of 5 Original Date: 08/30/2017 Revision 03 Eff Date: 03/18/2021

NAME: Tracey Jackson TITLE: Contracting Officer Representative (COR) SERVICE LINE/SECTION: Human Resource Line FACILITY: VISN 16 Headquarters

(10) Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

04-03-2024

CONTRACTING OFFICER/DESIGNEE’S SIGNATURE DATE

NAME: C. Robert Oravetz TITLE: Contracting Officer FACILITY//NCO/PCO: Network Contracting Office 16, Commercial Acquisition Team - Biloxi

b. One Level Above the Contracting Officer (Required over the SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

SIGNATURE DATE

NAME: Windell Lance Duty Title: Branch Chief, DIV I, Commercial Acquisition Team - Biloxi Facility/NCO/PCO: Network Contracting Office 16, Commercial Acquisition Team - Biloxi