SJ WIFI WIRELESS GUEST SERVICES JUSTIFICATION AND APPROVAL._Redacted.pdf

OFOC SOP Revision 09 Page 1 of 3 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:__36C261-20-AP-3143__________________________________

1. Contracting Activity: Department of Veterans Affairs, VISN 21, VA Palo Alto Health Care.

640-20-3-534-0022

2. Nature and/or Description of the Action Being Processed: We will be establishing a firm fixed price contract for Wifi services needed.

FAR13.5 Simplified Procedures for Certain Commercial Items: This procurement is in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: This contract will be for Wifi Service and internet and maintenance support. The estimated amount is $369,750.00 for Base Year plus 1 option year of service.

4. Statutory Authority Permitting Other than Full and Open Competition:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

(X) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

FAR13.5 Simplified Procedures for Certain Commercial Items: The authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. 1901 and is implemented by for restricting competition on this procurement via FAR 13.106-1(b)(2).

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Authorized or Required by Statute (FAR 6.302-5) – This acquisition is being made under the authority of 38 U.S.C. 8127 and 8128, Sections 502 and 503 of Public Law (PL) 109-461 and VAAR

OFOC SOP Revision 09 Page 2 of 3 Original Date: 03/22/11 Revision 09 Date: 04/17/2020

819.7007, which allows the VA to make a sole source award to a Service Disabled Veteran Owned Small Business (SDVOSB) if the following conditions are met:

a. The proposed contractor is determined to be a responsible source with respect to performance of such contract opportunity;

b. The anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 134 of title 41) but will not exceed $5,000,000;

and

c. In the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.

d. The requirement is synopsized in accordance with FAR part 5.

e. The contracting officer shall ensure businesses are registered and verified as eligible in the VIP database prior to making an award.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A sources sought was not posted because a qualified SDVOSB is already known.

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

Reasonable: The contractor is N-Ovation Technology Group, LLC (SDVOSB) who has been in place at Northern CA facilities since 1 October 2014. We have a reasonable expectation that the prices on the new contract will be fair and reasonable in comparison with the previously awarded contracts.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted: Ongoing strategic market research continues to take place for these services within VISN 21 and we have SDVOSBs that have competed on other Wifi contracts within the VISTN 21 service area. For this contract, we are exercising our statutory authority to do a sole source contract with a SDVOSB.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: None

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

N-Ovation Technology Group, LLC Beavercreek, OH DUNS: 079714359 (VetBiz Verified)

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 VA has a statutory authority to make a sole source award to a SDVOSB.

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,