ATTACHMENT K - PROCUREMENT PACKAGE TEMPLATE Sept 2023.pdf

Customer Reference Guide/Procurement Package Attachment 3: Equipment & Supply

Chapter 7, Detailed Customer Procedures Revision 13 Effective Date: 12/15/22

PURPOSE: To ensure standardization of the submission process for equipment and supply projects, complete this checklist and submit it with your request for procurement.

ALL DOCUMENTS ARE TO BE PROVIDED ELECTRONICALLY THROUGH FORCE

DATE: 2237#

COR NOMINATION (if applicable) REFERENCE: Appendix F COR Roles-Responsibilities of Chapter 7 of the Customer Reference Guide

COR NAME: COR TELEPHONE #:

DATE COR TRAINING COMPLETED: (Submit training certificate)

LINK TO: COR Nomination Memo

Enclosed

Not Required

1. Users: Provide a list with the users of supply/service by department, name and telephone number. The list must include a person and/or user group responsible for quality requirements of the contract.

List the departments who will use the supply or service being requested.

Include contact information for each department.

2. 2237: Indicate below if the 2237 corresponding to this request is funded or unfunded.

FUNDED UNFUNDED

In almost all cases, the project needs to be funded before moving forward. The 2237 needs to be submitted through the Approving Official, the Accountable Officer and through the stations IFCAP system. If it is unfunded, please draft a Certification of Funding memorandum and have it endorsed by the Capital Asset Manager and Fiscal.

3. IT/IT Related Requirements: To ensure IT/IT-related requirements are reviewed for FITARA compliance, the initial request for review and approval should be submitted through the Acquisition Review Module (ARM) in the Budget Tracking Tool (BTT). The OI&T FITARA SOP includes https://vaww.ecms.va.gov/FORCE/#/requirements https://dvagov.sharepoint.com/:b:/r/sites/VHAProcurement/VHAPG/Attachment_C_-_Sample_COR_Nomination_Memo_PDF.pdf https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/V01257138_FITARA%20SOP_FINAL.docx what acquisitions require FITARA compliance. Follow the steps below to obtain review in BTT:

Step 1: Identify Requirements. Identify the requirement and ensure the requirement aligns with the approved VA Strategic Plan and/or the approved IT Strategic Goals and Objectives.

Step 2: Conduct Budget Concurrence. Provide funding documents (such as VA Form 2237, or a budget memo) signed by the budget official.

Step 3: Populate Requirements in BTT. Complete the ARM fields and upload the required documents (e.g., Product Description (PD), Performance Work Statement (PWS), Statement of Objectives (SOO) and Independent Government Cost Estimate (IGCE) into the ARM module of BTT. Access the BTT link at: https://btt.dva.va.gov.

When the initial FITARA review process is complete, download the approval and submit it along with the complete procurement package through FORCE.

The FITARA VHA Guide, dated April 20, 2021, is available to explain the tools and provide background information and guidance for complying with FITARA.

4. Trade-in Consideration: When Ordering Activities have personal property that is wearing out or obsolete and must be replaced, they should consider either exchanging or selling that property. The determination to Exchange/sale should take place at the beginning phase of planning. “Exchange” means to replace personal property by trade or trade-in with the supplier of the replacement property. The exchange allowance or sales proceeds should offset the cost of the replacement personal property. You should not use the exchange/sale authority if the exchange allowance or estimated sales proceeds for the property will be unreasonably low. When estimating the return under each method, consider all related administrative and overhead costs. You may use the exchange/sale authority only if you meet all conditions. For the specific conditions, see paragraph 1.2.11 of Chapter 7 Detailed Customer Procedures.

https://btt.dva.va.gov/ https://dvagov.sharepoint.com/sites/VHAProcurement/OldVHAPM/FITARA%20VHA%20Guide%20Final%20v1%204-20-21%20Restricted_.docx https://dvagov.sharepoint.com/sites/VHAProcurement/CRG/CRG_7-CustomerProcedures.aspx https://dvagov.sharepoint.com/sites/VHAProcurement/CRG/CRG_7-CustomerProcedures.aspx

5. Is this a recurring requirement? If yes, provide the following:

Prior Contracting Officer: ___________________________

Prior year IFCAP Purchase Order number: _________________

Prior year contract number (current or expired): ______________

The requested information can be found in the IFCAP database.

For help accessing the IFCAP database, please contact IRM support.

6. Directives/Policies: List any VA or VHA Directives or policies that the supply or equipment being purchased must comply with.

Most Directives and policies can be found here:

http://vaww.va.gov/vapubs/index.cfmContact your COR and/or subject matter experts to learn more about VA Directives and policies that the item you are purchasing must comply with.

7. Source Determination: When determining source of supply, reference FAR 8.002 and VAAR 808.002 Priorities for use of mandatory Government sources. Ensure the Rule of Two is adhered to (see VAAR 802.101), if you have questions, consult with your Contracting Officer.

Compete open market requirements to the maximum extent possible unless otherwise directed to a required source, such as a Service-Disabled Veteran Owned Small Business (SDVOSB). Competition maximizes quality and drives down cost, see VA Acquisition Circular 2008-01.

If a sole source is requested, a justification document is required. The justification document is a collaborative effort between the requiring activity and the contracting office and must be initiated by the requirements office by filling out the required portions of the form and submitting it to the contracting office for completion and subsequent approval. Contact your NCO to determine which justification template in Table 2.2. of VHAPG Part 806.3 Other Than Full and Open Competition is appropriate for your sole source request.

http://vaww.va.gov/vapubs/index.cfm https://www.acquisition.gov/far/part-8#FAR_8_002 http://www.va.gov/oal/library/vaar/vaar808.asp https://www.va.gov/oal/library/vaar/vaar802.asp https://www.va.gov/oal/library/vaar/vaar802.asp http://www.va.gov/oal/docs/library/vaau/vaac2008-01_LooseleafUpdate.pdf https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/VHAPG_Part_806.3.aspx

Note: If the item you are purchasing must be provided by only one company- a specific item only offered by one supplier for example - you must provide convincing and thorough evidence that only that one company can meet the needs of the project. This justification should demonstrate that the specific equipment or product you are requesting is not only a preference but that it is also a necessity.

8. Federal Supply Schedule (FSS): Is the item(s) on GSA/FSS? If yes, were multiple FSS vendors considered? If yes, provide documentation demonstrating why the selected vendor is the best value.

Indicate the GSA Contract Number here: ______________________________

Search the FSS website to determine if the item is available on it. If it is, write the GSA/FSS Contract Number in the space provided above. Show documentation for the vendor with the best value. If the item is part of a Bulk Purchasing Agreement (BPA) write the details of that agreement in the space below ____________________________________________________.

9. Functional/Performance/Specification (Word Doc)

Describe equipment/supply use. If brand name items are requested, it must be supported by a sole source justification.

In this word document describe the equipment and/or supplies you will need in detail. Focus on the functionality of the items you would like to purchase, and the end results they will help you accomplish. Include enough information so that someone with no knowledge of the project will understand what will be needed. In general, one or two sentences will not suffice, more detail is needed.

Sample Specification language, Performance Work Statements (PWS), and Statement of Works (SOW) are available on: Home - VHA Acquisition Business Intelligence Tool (VABIT) (sharepoint.com).

10. Applicable Drawings: Provide any applicable drawings, maps, schematics in electronic format (if required) – example furniture or kitchen equipment purchases where space is a critical element for dimension or installation location requirements.

http://www.gsa.gov/portal/category/100611 http://www.gsa.gov/portal/category/100611 https://dvagov.sharepoint.com/sites/VHAProcurement/RPOC/BIT/default.aspx https://dvagov.sharepoint.com/sites/VHAProcurement/RPOC/BIT/default.aspx

To ensure that your product fits in its desired location, provide detailed drawings, maps, or schematics of the area it will eventually reside in. The more detailed your drawings the less likely the error in size/fit of your requested item. This step is especially important for furniture and equipment that will take up a lot of a room’s space.

11. Delivery/performance information, date item(s) required

A reasonable delivery date (unless it’s an emergency) must be considered.

If not sure contact the contracting office for guidance.

Delivery/performance information: Write the date you would like the item to be in your hands and ready to be used. Remember, there is a built-in minimum timeline due to the various mandated steps in the contracting process.

As a guide please reference the ADUS for Health For Operations and Management Procurement Cut-Off Dates Memorandum issued on May 22, 2019 as a reminder that complete procurement package or exercise of option year request must be received by particular cut-off dates.

After writing your delivery date, please also include detailed delivery instructions including the specific location you want the item delivered to, any necessary special delivery vehicles or requests, and any other information that could help ensure a smooth delivery.

12. Acquisition Planning: In accordance with Federal Acquisition Regulation (FAR) 7.102 Acquisition Planning is required for all requirements.

See Chapter 5 of the Customer Reference Guide for requestor’s responsibilities in developing and documenting an acquisition plan.

VHAPG Part 807.1 Acquisition Planning provides the appropriate template to use for documenting acquisition plans:

a. For actions above the micro-purchase threshold and below $7 million (M), acquisition planning is documented on the Market Research Templates provided in VHAPG Part 810 (Streamlined Market Research Report Template or Market Research Report Template).

https://dvagov.sharepoint.com/sites/VHAProcurement/CRG/CRG_4-StartingTheAcquisitonProcess.aspx https://www.acquisition.gov/far/part-7#FAR_7_105 https://www.acquisition.gov/far/part-7#FAR_7_105 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/VHAPG_Part_807.1.aspx https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/VHAPG_Part_807.1.aspx

b. Attachment 1 is the formal acquisition planning template recommended for procurements exceeding $7M and cost-reimbursement contracts at any value. Instructions with sample language are contained within the Attachment. If Attachment 1 is not used, the requestor/CO should ensure, at a minimum, those items as prescribed in FAR 7.105 are addressed and documented in the contract file.

Note: (all 22 parts on the written template may not be applicable to FAR 8 and FAR 13 procurements so enter “FAR 8/13 is not applicable” in the written template if that section doesn’t pertain to your acquisition).

c. Attachment 3 should be considered when consolidating and bundling requirements (see FAR 2.101 for definition of consolidated or bundled contract).

A written acquisition plan is not required for orders if the “parent” VA or VHA issued IDIQ, BPA, or BOA has a written acquisition plan. Any calls/orders placed against this parent award would have to meet in-scope requirements. The act of placing an order against the parent award is a natural follow-on action that requires no additional strategies as referenced by the FAR.

13. Market Research: FAR 7.102 requires Market Research for all acquisitions. This is a collaborative effort between the customer and the Contracting Officer in planning for the requirement.

In accordance with the VA Market Research Guide for Acquisition Teams, customers are required to conduct market research and submit their findings using Attachment 1: Streamlined Market Research Report Template, or Attachment 2: Market Research Report Template and submit it with their procurement package through FORCE

See VHAPG Part 810.001 Market Research for guidance on conducting market research.

Search the VIP database for registered SDVOSB/VOSBs by applicable NAICS code and also research General Services Administration (GSA) Federal Supply Schedules (FSS), trade shows, reading journals, vendor https://www.acquisition.gov/far/part-13#FAR_13_000 https://www.acquisition.gov/far/part-13#FAR_13_000 https://www.acquisition.gov/far/part-8#FAR_8_000 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/Atch%203%20Procurement%20Request%20and%20Contract%20Bundling%20Reqs.docx https://www.acquisition.gov/far/part-2#FAR_2_101 https://www.acquisition.gov/far/part-7#FAR_7_102 https://www.va.gov/oal/docs/business/pps/guideVAmarketResearchForAcquisitionTeams.pdf https://www.va.gov/oal/docs/business/pps/guideVAmarketResearchForAcquisitionTeams.pdf https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/Atch%201%20VA%20Streamlined%20MR%20Report%20Template%20over%20MPT-SAT.docx https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/Atch%201%20VA%20Streamlined%20MR%20Report%20Template%20over%20MPT-SAT.docx https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/Atch%202%20Market%20Research%20Report%20Temp%20over%20SAT.docx https://vaww.ecms.va.gov/FORCE/#/requirements https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/VHAPG_Part_810.001.aspx https://www.vetbiz.va.gov/ demonstrations (see attached vendor demo agreement), internet research, contact other VISN’s to see what or how they are doing things.

The extent and amount of market research and documentation depends on the complexity, dollar value, urgency, past performance, and other unique aspects of a potential acquisition. However, market research documentation must include information on whether two or more verified SDVOSBs or VOSBs are available based on (VA “Rule of Two” 38 U.S.C. 8127(d) requirements).

Check with your supervisor, COR and/or CO to determine if the requested items are a part of any Prime Vendor, National Committed Use Contracts, Mandatory Suppliers List, Bulk Purchasing Agreement, VHA Directive, Federal Supply Schedule or other mandated purchasing list. If it is, list the mandated vendor in this space with a copy of the mandating source ___________________________________________.

Sole Source requirements should also be addressed in the Market Research document and a sole source justification is to be submitted with the procurement request, see item 6 Source Determination above.

14. Independent Government Estimate: An IGCE is normally not required for equipment or supply orders.

However, the CO may require an IGCE if there are no other means to determine the offeror’s price fair and reasonable.

The IGCE serves as an important basis for determining the reasonableness of an offeror’s proposed costs and understanding of a given solicitation.

The IGCE is considered source selection information, and it should not be shared with anyone outside the VA Acquisition Team, absent the express consent of the CO. Please provide the methodology and data used to develop the estimate. A sample template is in Chapter 10 Independence Government Estimate of the Customer Reference Guide.

If requirement contains multiple line items, the IGCE should be broken down by line item.

In general, the most reliable estimates:

• Are made by someone who knows the product https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/Vendor%20Loan%20Agreement%20or%20Vendor%20Demo%20Agreement.docx https://dvagov.sharepoint.com/sites/VHAProcurement/CRG/CRG_10-IndependentGovCostEstimate.aspx https://dvagov.sharepoint.com/sites/VHAProcurement/CRG/CRG_10-IndependentGovCostEstimate.aspx

• Relies on the statement or scope of work documents

• Considers last price paid, general market price changes, current commercial

• Market price, quantity price breaks and possible substitutes

• Applies market research above to the actual product procurement at hand

• Uses quantitative techniques to determine the cost and does not rely on professional judgment

• Researches historical acquisition trends

Below the SAT – The 2237 with line items is sufficient as the IGCE.

Requesters shall include a statement on the VA Form 90-2237 affirming that, “The Price referenced was calculated independently and shall be considered as the IGCE.”

15. High Tech Medical Equipment (HTME) with Maintenance Services built in: The National Acquisition Center (NAC) has issued a full listing of HTME contracts where some of the vendors offer both equipment and maintenance services.

Class Justification for Exemption to Fair Opportunity for the maintenance services (JEFOs) have been approved so orders may be placed without further competition. Before requesting Contracting to place an order that include maintenance services, review the line items to ensure the items requested are on the contracts with the maintenance service and a JEFO is approved for that contract. See the links below:

HTME contracts: High Tech Medical Equipment Division - Home (sharepoint.com).

JEFOs: High Tech Medical Equipment Division - JEFOs - All Documents (sharepoint.com).

16. Recommended Source List: Include vendor address and telephone number. Also include the local sales rep name and phone number if available.

Conduct market research, apply the VA Rule of Two to consider Vendor Information Pages (VIP) verified service-disabled veteran-owned small businesses (SDVOSBs) and veteran-owned small businesses (VOSBs) as https://dvagov.sharepoint.com/sites/VACOOALC/NAC/NCSdata/HTME/JEFOs/Forms/AllItems.aspx https://dvagov.sharepoint.com/sites/VACOOALC/NAC/NCSdata/HTME/JEFOs/Forms/AllItems.aspx https://dvagov.sharepoint.com/sites/VACOOALC/NAC/NCSdata/HTME https://dvagov.sharepoint.com/sites/VACOOALC/NAC/NCSdata/HTME https://dvagov.sharepoint.com/sites/VACOOALC/NAC/NCSdata/HTME/JEFOs/Forms/AllItems.aspx https://dvagov.sharepoint.com/sites/VACOOALC/NAC/NCSdata/HTME/JEFOs/Forms/AllItems.aspx https://vetbiz.va.gov/vip/ https://vetbiz.va.gov/vip/ required in 38 U.S.C. 8127 and implemented in subpart 819.70 of the

VAAR.

Include address, phone number, and sales representative contact information for each vendor you would like to be included in the process.

Make sure to include contact information for your preferred vendors so that they can participate in the mandatory reverse auction process that determines which vendor is awarded the contract.

17. Security: Identification of a position’s risk level as it relates to the efficiency and integrity of the Federal service; and identification of a position’s sensitivity level as it relates to a position with national security interests in accordance with VA Directive 0710.

All service acquisitions and IT commodity acquisitions is to be assessed during the pre-planning stage of the procurement to determine the applicability of the requirements of VA Handbook 6500.6 Contract Security. (See VHAPG 839.101-70 Contract Requirement for Security). If the assessment determines the service requested is an IT service or that access to VA sensitive information will be required, the Checklist for Information Security (“Appendix A”) must be completed.

Will the contractor, subcontractor, or third party to perform their contractual obligations have access to:

YES NO

( ) ( ) patient records?

( ) ( ) VA computer system/sensitive information?

( ) ( ) and will work on VA property

Is a Business Associate Agreement Required?

YES NO

Send a copy of your Statement of Work and your attempted answers to the questions above to the ISO and PO and wait for their feedback. You may need to have a conversation with the ISO and PO to further justify or explain your answers.

http://uscode.house.gov/view.xhtml?req=(title:38%20section:8127%20edition:prelim http://www.va.gov/oal/library/vaar/vaar819.asp http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=471&FType=2 http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=471&FType=2 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/VHAPG_Part_839.101-70.aspx http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=471&FType=2

18. Pre-Procurement Assessment (PPA) for Medical Device/Systems

Veterans Affairs (VA) Directive 6550 establishes the technical PPA requirements for medical devices and medical systems that are connected to the VA information networks and medical devices that store sensitive patient information. All medical devices/systems are to be assessed prior to procurement and during the acquisition process based on the following factors: These factors include, but are not limited to, establishing technical requirements to support intended clinical use, human factors engineering, reliability, safety, integration, and available space and utilities.

The PPA serves as the multi-disciplinary (BME, OIT and ISO) technical review and approval process. As such, IT Tracker number (ITAR) is not required. Where medical/devices are procured off contract vehicle such as SEWP, that requires ITARS number, 6550 will be used as the default number.

Evaluating the configuration and security profile of medical devices during the acquisition planning process will identify potential risks and ultimately provide for more effective and safe integration of medical devices into hospital operations. Key organizations involved in this process are: Biomedical Engineering, Information Technology, Information Security, and Contracting and Contractor.

Does this medical/device store patient data and will be connected to VA information network?

YES ( ) NO ( )

If yes:

Was Biomedical Engineering involved in the PPA process?

YES ( ) NO ( )

To ensure that Biomedical Engineering was properly engaged in the procurement of all medical device/systems, a completed copy of the 6550 Appendix A must be submitted with the procurement package.

https://vaww.va.gov/vapubs/search_action.cfm?dType=1

19. Detailed Evaluation Criteria

Provide a list of recommended technical evaluation panel members.

Provide evaluation criteria to always include Price and Past Performance.

Additional factors, such as Management Approach, Technical Capability and Quality Assurance may also be included. For each factor, please describe the information to be requested from the offerors that will be used to evaluate the proposals. Based on the complexity of the procurement, sub-factors may also be developed for each of these.

Evaluation factors are the standards against which a Technical Evaluation Board measures the quality of each proposal. For this section, clearly state all the evaluation factors that you will consider in making the source selection and their relative importance. These factors inform offerors of all the significant considerations in selecting the best value source and the relative importance the Government attaches to each of these considerations.

You must include a statement of the relative importance of each factor.

This is done in a variety of ways, such as “Factor No. 1 is twice as important as Factor No.2”, or if weights are used, by assigning weights to the individual factors to indicate their importance. The factors should answer the question, “what attributes and capability must an offeror possess to be able to successfully perform the contract?”

20. Evaluation Team: Provide names of subject matter experts to serve on the evaluation team.

The subject matter experts (SMEs) should be agreeable and available to offer guidance on the vendor selection process. These SMEs should have a very good knowledge of the product you would like to purchase and its actual usage. The evaluation team will use the detailed evaluation criteria that you provided to rate each vendor. If you do not provide a detailed evaluation guide, the evaluation team will usually choose the vendor that offers the lowest price.

21. Major Acquisition Integrated Product Team (IPT) Requirement

An IPT is required for major acquisition if the estimate is valued above $7M (including options). IPTs are also required for complex acquisitions valued at less than $7 million when there is considerable technical, program, or business risk to the Government. The program office is responsible for establishing the IPT, chairing the IPT, and when appropriate, arranging for a trained facilitator.

Was an Integrated Product Team convened?

YES NO

If no, provide documentation or request for waiver in accordance with VA PPM (2017-05), Use of Integrated Product Teams (IPTs) for Major Acquisitions.

The goals of the IPT are to:

a. Define and refine the technical requirements.

b. Discuss risks and develop mitigation strategies.

c. Decide on the acquisition milestones and process to ensure success.

d. Accomplish effective lifecycle acquisition, contract, and performance management to provide the best value to the VA customer.

See paragraph 5 (a) through (d) of VA PPM 2017-05 for list of procurement actions that are excluded from the IPT process.

IPTs must consist of voting members from the program office, contracting/procurement office, Office of Small and Disadvantaged Business Utilization (OSDBU), and any other representatives as deemed necessary by the Chair.

http://www.va.gov/oal/docs/business/pps/ppm201705.pdf http://www.va.gov/oal/docs/business/pps/ppm201705.pdf

Attachment 2: Market Research Report Template

Effective Date: 03/01/2022 Page 1 of 15

A Market Research Report documents market research in a manner appropriate to the size, complexity, and urgency of an acquisition. In consultation with the Contracting Officer (CO), the following template can be tailored to a requirement’s market research needs. Use only those sections applicable to your requirement. If a section is not applicable, it should be so identified and supported by a brief explanation. Note: This template is not applicable to Sole Source Affiliate Contracts under Title 38 U.S.C. 8153 conducted under VA Directive 1663. Market Research for these requirements are captured on the MSO IGCE templates in the Planning Section of the MSO Customer Resource Center.

Title of Program/Project/Requirement: Include name of project here

REMINDER: **Remove all guidance language shown in red (or blue above) in the final document.**

PART I – TO BE COMPLETED BY PROGRAM/PROJECT MANAGER/PLANNER

I. Authority.

Market research is required in accordance with:

FAR 7.102, Acquisition Planning Policy FAR 7.103(u)(1) and (2), Agency-Head Responsibilities FAR 10.001, Market Research Policy and VAAR 810.001-70 (Class Deviation) VAAR 813.003-70(c), Policy (Class Deviation) FAR 19.202-2, Locating Small Business Sources and VAAR 819.202 (Class

Deviation) FAR 25, Foreign Acquisition

II. Procurement Information.

A. Procurement History. (Please remove all language labeled guidance in the final document)

Click here to enter text.

Guidance: Provide a short narrative addressing the following:

1. Was the requirement previously procured? If so, identify the contractor and

Small Business size status of the entity. Is this a follow-on acquisition?

Identify any changes in the marketplace since previous procurement(s) (suppliers, trends, technologies).

2. Is this a bundled (FAR 2.101) requirement? If so, consult FAR 10.001(c).

3. Are there any applicable Organizational Conflicts of Interest?

https://vaww.vashare.vha.va.gov/sites/PLOMSO/CRC/Shared%20Documents/Forms/AllItems.aspx

Effective Date: 03/01/2022 Page 2 of 15

B. Procurement Background. Guidance: Describe the background of the procurement and circumstances/events leading up to the requirement. Include:

Program Office & Other Key Stakeholders Program Office Point of Contact

Name Title Office Telephone E-mail Address

Type of acquisition (service or supply) Expected dollar value of requirement Suggested 2017 NAICS code(s) Time frame in which the market research was conducted

III. Initial Requirements

Describe the Government’s requirement in terms of:

o Functions to be performed o Services or Performance required and/or o Essential physical characteristics

Describe schedule requirements, e.g., performance periods and/or delivery due dates.

Discuss any cost effectiveness issues associated with the requirements

IV. Participants in Market Research

Describe the involvement of the individual Acquisition Team members and any other participants in the market research effort. (The titles listed in the table below are examples.)

NAME TITLE OFFICE TELEPHONE E-MAIL

ADDRESS

MARKET

RESEARCH

ROLE

Program Official

Contracting Officer (CO)

Contract Specialist

Contracting Officer’s https://www.census.gov/naics/

Effective Date: 03/01/2022 Page 3 of 15

Representative

(COR)

Small Business Liaison

Other

V. Market Research Techniques and Sources

A. Market Research Techniques Describe techniques and sources used during market research. The following table may help structure and summarize the techniques used in the market research effort.

The above general areas start driving the discussion of the different kinds of market research techniques that may be available to consider and begin to frame how in-depth your market research might go. It starts the planning process for your market research.

Check X

IF USED

SOURCES USED IN MARKET RESEARCH DETAILS OF

RESEARCH/COMMENTS

RESEARCH SOURCES

(INCLUDE REFERENCES TO

ATTACHMENTS TO REPORT)

(e.g., List of Journals and Literature Reviewed included as Attachment 4 to this report)

Acquisition history reviewed

Other recent market research reviewed

VA Vendor Information Pages (VIP) https://www.vetbiz.va.gov (including any information supporting price reasonableness)

Interviewed knowledgeable individuals in industry/Government

Participated/Attended Tradeshows and Industry Conferences

Professional Journals, Catalog and/or Product Literature reviewed

Participated in Small Business Vendor Outreach Sessions

Effective Date: 03/01/2022 Page 4 of 15

B. Market Research Sources. In accordance with FAR part 10 and VAAR part 810, market research has been conducted for this acquisition. The following additional collaborative Contracting Officer-led techniques were used: (If necessary, work with your Contract Specialist and/or Contracting Officer to assist with filling this section out)

SOURCES REVIEWED

(IAW FAR 8.002, VAAR 808.002, FAR 8.003, FAR 8.004, and

VAAR 808.004-70)

MARKET RESEARCH FOR SUPPLIES

Insert X if Check ed

Details of Research/Com ments (Include N/A if not applicable)

MANDATORY GOVERNMENT SOURCES

IN PRIORITY ORDER

See VAAR 808.002 for further guidance on other mandatory

Government sources

(Include References to

Report Attachments)

1. VA Inventories including the VA supply stock program (41 CFR 101-26.704) and VA excess.

2. Excess from other agencies (See FAR subpart 8.1)

3. Federal Prison Industries* (FPI) (See VAAR

808.603 Purchase Priorities)

4. Supplies from Ability One - (VA AbilityOne Procurement List for Supplies/Services) (FAR 8.002)

5. Wholesale Supply Sources (GSA website:

https://www.gsaglobalsupply.gsa.gov/advantage/main/start_p age.do?store=FSS)

See VAAR 808.002 for further guidance on other mandatory Government sources

Insert X if Checked

VETERANS FIRST CONTRACTING PROGRAM

(VAAR subpart 819.70)

REFERENCES/SOURCES CHECKED

Details of Research/Comments http://www.va.gov/oal/library/vaar/vaar808.asp http://www.va.gov/oal/library/vaar/vaar808.asp http://www.va.gov/oal/library/vaar/vaar808.asp http://www.abilityone.com/OA_HTML/ibeCZzpHome.jsp?minisite=10040&respid=22372&grp=IBE_M_OTHER http://www.abilityone.gov/procurement_list/index.html http://www.abilityone.gov/procurement_list/index.html https://www.acquisition.gov/far/part-8#FAR_8_002 https://www.gsaglobalsupply.gsa.gov/advantage/main/start_page.do?store=FSS https://www.gsaglobalsupply.gsa.gov/advantage/main/start_page.do?store=FSS https://www.va.gov/oal/library/vaar/vaar808.asp

Effective Date: 03/01/2022 Page 5 of 15

(IDENTIFYING VIP VERIFIED SDVOSBs/VOSBs)

(Include References to Report Attachments)

VA Office of Small and Disadvantaged Business Utilization (OSDBU), Center for Verification and Evaluation (CVE) Vendor Information Pages (VIP) Database found at https://www.vetbiz.va.gov

System for Award Management (SAM) search for entity records at: SAM.gov | Search if Part of Research

PRIORITY CONSIDERATION OF

VA EXISTING CONTRACTS

1. See VA PPM (2016-05)(Revised AUG 2019) - Implementation of the Veterans First Contracting Program (VIEWS 01368239) concerning consideration of existing VA contracts and VA strategic sourcing regarding supplies in FSC Groups 65 and 66.

2. Other VA Existing Contracts (non-mandatory but their potential availability, scope, contract type, etc., should be documented in the market research report) (Note: These may be priority sources, and should be considered when developing alternatives for the acquisition strategy.

Review and document in a written acquisition plan, if required, or in the acquisition file regarding rationale for use or non-use.)

Research

CONSIDERATION OF NON-VA EXISTING

CONTRACTS

Federal Strategic Sourcing Initiatives or OMB

Category Management contracts/sources

(Non-Mandatory except where OMB or Agency policy states otherwise)

1. Non-VA Contracts:

(Includes NASA-SEWP and BPAs under FSS Strategic Sourcing Initiative (FSSI) non-mandatory Federal Supply Schedules (other than for FSC Group 65 and 66) (FAR 8.004(a)(1) and VAAR 808.004-70).

https://sam.gov/search/?page=1&pageSize=25&sort=-modifiedDate&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL https://www.va.gov/oal/docs/business/pps/ppm201605.pdf

Effective Date: 03/01/2022 Page 6 of 15

(See Note Below: These should be considered, as applicable, as potential alternatives when developing alternatives for the acquisition strategy.

Note 1: Some select contract vehicles may require use based on OMB or agency guidance including OIT issued Standard Operating Procedures such as:

• OMB Memorandum M-17-29, “Best-in-Class

Mandatory Solution – Package Delivery Services,” July 27, 2017.

• OMB Memorandum M-16-02, “Category Management Policy 15-1: Improving the Acquisition and Management of Common Information Technology: Laptops and Desktops,” October 15, 2015

• VA Deputy Secretary Memorandum, “Waiver Revision to the Mandatory Use of Solutions for Enterprise-Wide Procurement (SEWP) IV Contract” (VAIQ 7343830), May 16, 2013, and Principle Executive Director, Office of Acquisition, Logistics, and Construction and Chief Acquisition Officer Memorandum, “Implementation of Information Technology (IT) Hardware (HW) Commodity Procurement, March 7, 2014

• OMB Memorandum M-16-12, “Category Management Policy 16-1: Improving the Acquisition and Management of Common Information Technology: Software Licensing, June 2, 2016

• OMB Memorandum M-16-14, “Category Management Policy 16-2: Providing Comprehensive Identity Protection Services, Identity Monitoring, and Data Breach Response, July 1, 2016

• OMB Memorandum M-16-20, “Category Management Policy 16-3: Improving the Acquisition and Management of Common Information Technology: Mobile Devices and Services, August 4, 2016

2. Non-mandatory Federal Supply Schedules

(non VA) (See FAR 8.004(a)(1) and VAAR 808.004-70, Use of non-mandatory sources by VA (Class Deviation).

These are general FSS (non-VA FSS). Use is not mandatory although acquisition planners are

Effective Date: 03/01/2022 Page 7 of 15 encouraged to consider and document the availability of this acquisition methodology in their market research as a potential acquisition strategy. Many factors should be considered including meeting small business requirements, whether this is the best procurement approach, whether better terms and conditions specific to the acquisition requirement may be obtained conducting a procurement through the open market, access to more verified SDVOSBs/VOSBs are available via the open market; whether the VA avoids fees and other costs of using other agency’s multiple award vehicles and can better oversee the necessary contract administration, etc., including meeting the VA Rule of Two and specific agency requirements. Also, see FAR 8.404(b)(2), VAAR part 817, VAAM part M817 (when issued); and PPMs 2016-05 and 2017-04.

Use of Other Sources Commercial sources (includes educational and non-profit institutions) in the open market. This is permissible IAW FAR 8.004 and VAAR 808.004-70.

Research

Sources for services to consider, as applicable and as required

Details of Research/Comments (Include References to Report Attachments)

MARKET RESEARCH FOR SERVICES

1. Services that are on the Procurement List maintained by the Committee for Purchase from People who are Blind or Severely Disabled (AbilityOne) (See FAR subpart 8.7) See VAAR 808.002, Priorities for use of mandatory Government sources, paragraph (a)(2) pertaining to Services.

2. Services: Federal Prison Industries (See FAR subpart 8.6) UNICOR Home Page (Except if two or more SDVOSB or VOSB are identified, see

VAAR 808.603)

3. Also see--VA Federal Supply Schedules (FSS) in FSC Group 62I.

4. And see--mandatory sources reviewed, if applicable, for:

4a. Public Utility Services (see FAR part 41);

4b. Printing & Related Supplies (see FAR subpart 8.8);

https://www.unicor.gov/index.aspx

Effective Date: 03/01/2022 Page 8 of 15

4c. Leased Motor Vehicles (see FAR subpart 8.11);

4c. Helium (see FAR subpart 8.5)

5. Services: Commercial sources (includes educational and non-profit institutions) in the open market.

See FAR 8.004 and VAAR 808.004-70—use of open market is a viable acquisition method/strategy and may be considered after conducting the appropriate market research and in consideration of the mandatory Government sources above, and the priority of VA existing contracts (medical) above. See FAR 8.004(a)-(b) and VAAR 808.004-70—open market is a viable acquisition methodology/source after consideration of VA FSC 65 and 66 VA FSS, and strategic sourcing vehicles.

VETERANS FIRST CONTRACTING PROGRAM

(VAAR subpart 819.70)—REFERENCES/SOURCES

CHECKED

Sources Sought Notices: Requests for Information (RFI) SAM.gov | Contract Opportunities entity records at: SAM.gov | Home

OTHER REFERENCES/SOURCES CHECKED

(Other ways to conduct or confirm market research)

Sources Sought Notices: Requests for Information (RFI) SAM.gov | Contract Opportunities

Pre-solicitation and/or Pre-Proposal Conferences

Existing intra-/inter-agency contract vehicles, e.g.

Interagency Contract Directory (ICD) at:

https://www.contractdirectory.gov/contractdirectory entity records at: SAM.gov | Search https://sam.gov/content/opportunities https://sam.gov/content/home https://sam.gov/content/opportunities https://www.contractdirectory.gov/contractdirectory https://sam.gov/search/?page=1&pageSize=25&sort=-modifiedDate&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL

Effective Date: 03/01/2022 Page 9 of 15

SBA Dynamic Small Business Database at: SBA - Dynamic Small Business Search

Department of Labor (DoL) Service Contract Labor Standards (Service Contract Act (SCA)) and Wage Rate Requirements (Davis-Bacon Act (DBA)) wage determination information online at: SAM.gov | Wage Determinations (SERVICES ONLY)

VI. Identify Product/Services and Sources Able to Meet the Requirement (DO NOT

RANK)

Identify or describe:

o Product/Service, include any brand name product information o Product/Service characteristics and/or capabilities o Company information (e.g., name, POCs, address, telephone number, e-mail address, website) o Company characteristics, past performance, and business size category o If sole source, describe efforts to locate additional sources

Business Category Name of Potential Source(s)/Other POC

Information VIP verified Service-Disabled, Veteran- Owned (SDVOSB)

VIP verified Veteran-Owned Small Business (VOSB)

Woman-Owned Small Business (WOSB) Economically Disadvantaged Woman- Owned Small Business (EDWOSB)

HUBZone Small Business Section 8(a) small business Small/disadvantaged business (SDB) Small business Large Business

VII. Description of the Commercial Marketplace and Prevalent Business Practices

Describe the marketplace Identify availability of commercial or non-developmental items that satisfy requirements (value or shortcomings of each) and sub-components State Nonmanufacturer Rule (NMR) Findings (if the acquisition is for manufactured products or other supplies) (See the Nonmanufacturer Rule Decision Tree to assist with this determination):

Identify standard/customary terms and conditions and industry business practices that differ from the standard Government practices (include information on payment, freight delivery, acceptance, and warranties) https://web.sba.gov/pro-net/search/dsp_dsbs.cfm https://web.sba.gov/pro-net/search/dsp_dsbs.cfm https://sam.gov/content/wage-determinations https://sam.gov/content/wage-determinations https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/NMR%20Decision%20Tree%201-27-21.pdf?cid=9fbe2e40-25d1-47f1-bbe0-d344214037c7 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/NMR%20Decision%20Tree%201-27-21.pdf?cid=9fbe2e40-25d1-47f1-bbe0-d344214037c7

Effective Date: 03/01/2022 Page 10 of 15

Discuss if contract financing is applicable. If so, ensure compliance with FAR 32.202-3, Conducting Market Research About Financing Terms

Discuss any regulations unique to the requirement, if known

VIII. Pricing and Market Issues

Identify price sources (e.g., market price, catalog, GSA, etc.), price ranges, and price variations Describe market trends for product or service, e.g., technical, business, and pricing

IX. Other Considerations

Identify other considerations gathered from market research, e.g., opportunities for small business participation Discuss qualifying factors, including such issues as past performance, references, product testing or evaluation, customer satisfaction, warranties, and quality problems

Describe consideration of green (sustainable products and services https://sftool.gov/greenprocurement and http://www.gsa.gov/portal/content/105365. Include discussion of energy efficiency standards of market products, if applicable

Discuss consideration to Buy American Statute. Does Buy American, Trade Agreement or an Exception to Buy American apply (FAR Part 25). Are there domestic end products available for this acquisition?

X. Market Analysis Summary (DO NOT RANK)

Provide market research conclusions and recommendations Document the decision and rationale to satisfy the agency’s need with a commercial item/service, if market research so warrants Document the decision and rationale if the agency’s need cannot be satisfied with a commercial item/service Provide supporting documents, as appropriate

XI. DETERMINATION: (Based on your market research describe if the market research would support if the acquisition can be set aside for SDVOSB/VOSBs and the other small business categories and if not, why it cannot be set aside for small business.) [NOTE: The Contracting Officer makes the final determination concerning all set-aside decisions and compliance with the VA Rule of Two. The program/project management office’s market research report will help inform the contracting officer’s own research and determination of set-aside requirements.] https://sftool.gov/greenprocurement%20and https://sftool.gov/greenprocurement%20and http://www.gsa.gov/portal/content/105365

Effective Date: 03/01/2022 Page 11 of 15

Name: ___________________________________ Date: __________________ Program Manager/Project Manager/COR

PART II – TO BE COMPLETED BY CONTRACTING OFFICER (Note: If Part I was completed by the CO, there’s no need to restate the same information in Part II— simply remove the COR’s signature block and state “N/A” or “See Above” to any request for information that is duplicated in Part I).

I. Contracting Officer Responsibilities:

Guidance: Requirements personnel and contracting officers must jointly gather market research data needed to make decisions. The contracting officer’s responsibilities typically include conducting market research activities to specifically evaluate contract terms and conditions, commercial item determinations, warranty options, pricing arrangements, and prevalent market sector business practices. The contracting officer ensures this information is included in the market research report.

Contract actions awarded above the simplified acquisition threshold shall include documentation that market research was conducted. The contracting officer is the determining authority in deciding the quality and thoroughness of the market research activities conducted by the acquisition team. The contracting officer shall file the Market Research report in the contract file and forward a copy with all VA Form 2268 submitted for OSDBU review.

I. Background. The codes identified below will be used when advertising this requirement, if applicable. It is important to verify the accuracy of these codes as they are revised over time.

Title ____________________________________________________________

Provide a brief description of the requirement to include any relevant history.

Product or Service Code___________________ (Product or Service Code)

North American Industry Classification System (2017 NAICS)

___________________ (North American Industry Classification System (NAICS) U.S. Census Bureau)

Estimated Contract Value (including options): $_________________

Procurement History. (If different from the Program Manager or additional information discovered by the CO) Insert the following for actions over the SAT and up to $1M: In accordance with FAR 7.102, contracting officers and acquisition planners are required to perform https://www.acquisition.gov/PSC_Manual https://www.census.gov/naics/ https://www.acquisition.gov/far/part-7#FAR_7_102

Effective Date: 03/01/2022 Page 12 of 15 acquisition planning and conduct market research. The following information is a summary of the acquisition planning: In submitting this request for procurement, the customer considered available sources within the agency, any government furnished information/property, and security considerations IAW VA Directive/Handbook 6500.

The contract type for this procurement is (Insert Contract Type) and the milestone schedule will be accomplished and documented in the Electronic Contract Management System (eCMS).

Was the requirement previously procured? If so, identify the contractor and Small Business size status of the entity. Is this a follow-on acquisition? Identify any changes in the market place since previous procurement(s) (suppliers, trends, technologies).

Is this a bundled (FAR 2.101) requirement? If so, consult FAR 10.001(c).

Are there any applicable Organizational Conflicts of Interest?

II. Market Research

1. Techniques Used in Conducting Market Research:

Guidance: Identify the techniques used in conducting Market Research for this requirement and explain results. The following Market Research techniques are identified in FAR 10.002(b)(2) and include but are not limited to: publishing formal requests for information in appropriate technical or scientific journals or business publications; querying Government-wide databases of contracts and other procurement instruments or commercial databases; reviewing catalogs or other generally available literature published by manufacturers, distributors and dealers or available online; and conducting interchange meetings or holding pre-solicitation conferences with potential offerors. See Market Research Techniques in Section J of the Guide.

2. Results of Market Research:

Click here to enter text.

Guidance: List potential vendors and known sources of supply that could provide the product or service required. Include location, point of contact information and an assessment of their potential capabilities to meet our requirements. Identify the number of sources contacted; identify whether they were VIP-verified SDVOSB or VOSBs, also indicate woman-owned small business, Section 8(a) business, HUBZone small business, small business, small/disadvantaged business, large business, government/non-government, etc. If sole source, describe efforts to locate additional sources. Explain the rationale used to exclude sources and identify as appropriate any past experience or related experience relative to the product or service which may be used to identify potential acquisition risks. Remember: In awarding contracts, VA VIP verified SDVOSB firms are the highest priority, followed by VA VIP verified VOSB firms.

III. Consideration of Small Business Opportunities

Effective Date: 03/01/2022 Page 13 of 15

Guidance: All acquisitions for supplies and services with an anticipated value above the micro-purchase up to and including the simplified acquisition threshold (SAT); these thresholds (see FAR 2.1-1 definitions) are reserved exclusively for small businesses and shall be set aside (FAR 19.502-2(a)). If the anticipated acquisition value exceeds the SAT, the requirement must be set aside for Small Businesses if (1) there is a reasonable expectation of receipt of offers from two or more responsible Small Businesses, and (2) award will be made at a fair market price (FAR 19.502-2(b)).

The VA’s contracting order of priority is set forth in VAAR 819.7004: Contracting officers shall consider, in the following order of priority, contracting preferences that ensure contracts will be awarded—

- To SDVOSBs

- To VOSB, including but not limited to SDVOSBs,

- To small business concerns using the priorities and preferences in 819.203-

70 and VAAR subpart 819.70—

Note: The Small Business Jobs Act of 2010 created parity among small business socioeconomic contracting programs. As a result of this amendment to the Small Business Act, there is no order of precedence among the 8(a), HUBZone, SDVOSB or WOSB programs in FAR (see 819.203).

38 U.S.C. 8127 (i) Priority for Contracting Preferences.