ATTACHMENT J - Procurement Package Template 2022.pdf

Procurement Package Checklist

Procurement Package Checklist Page 1 of 10 Revision 3/21

Purpose: To ensure standardization of the submission process for equipment and supply projects the below check list will accompany the request for procurement. Please ensure all VHA policies and directives are being applied to this acquisition request.

ALL DOCUMENTS ARE TO BE PROVIDED ELECTRONICALLY. IOTA Contractors should use most recent templates available.

DATE: 2237#

COR NAME (if applicable—VHAPM Part 801.603- COR SOP):

COR PHONE #

COR TRAINING COMPLETE Link to: COR Nomination Memo

Enclosed Not Required

1. Provide users of supply/service by department, name and phone number. List must include a person and/or user group responsible for quality requirements of the contract.

List the department(s) who will use the supply or service being requested. Include VA contact information for each department.

2. 2237 FUNDED

2237 #:

The project needs to be funded before moving forward. If it is unfunded, please speak to the activation COR and the Contracting Office. For more information on procurement package submittal, please visit the VHA Procurement Manual Volume Three Chapter II – Customer Reference Guide

3. IT Tracking Number: Provide IT tracking number if this is an IT requirement. Contact your local ISO to determine if your requirement requires a tracking number.

Contact the System Administrator (IRM) and your COR to determine if your request is an IT requirement. If you do have an IT requirement you must submit the required attachments such as statement of work, independent government estimate, copy of 2237, etc. in to the below listed portal.

Tracking is on “VA IT Acquisition Request System” (ITARS):

http://vaww4.va.gov/itt/default.asp. If your request has not been entered into the IT System’s portal, it will be returned to the IT Department until it has been input into the new portal.

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_801.603-70.aspx https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_APPENDIX.aspx https://vaww.pclo.infoshare.va.gov/PCLO/CRG/CRG-Overview.aspx https://vaww.pclo.infoshare.va.gov/PCLO/CRG/CRG-Overview.aspx http://vaww4.va.gov/itt/default.asp

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4. Is this a recurring requirement? If it is, 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.

5.List any VA Directives or policies that the supply or equipment being purchased must comply with:

A reference of most Directives and policies can be found here:

http://vaww.va.gov/vapubs/index.cfm.

Contact your COR, end users, and/or subject matter experts to learn more about VA Directives and policies that the item you are purchasing must comply with.

6. Veterans First Contracting Program: When determining source of supply, reference FAR 8.002 and VAAR 808.002 in Class Deviation— Implementation of the Veterans First Contracting Program. Please ensure the “Rule of Two” is adhered to. If you have questions, consult with your Contracting Officer.

The order of sources for competitive actions is as follows:

• GSA Contracts: Veteran-Owned Small Businesses verified in VIP)

• Existing contracting vehicles such as IDIQs and BPAs: Veteran-

Owned Small Businesses verified in VIP

• Open Market: Service-Disabled Veteran-Owned Small Business

(SDVOSB) verified in VIP

• Open Market: Veteran-Owned Small Business (VOSB) verified in VIP

• GSA Contracts: Other than veteran-owned

• Contract Vehicles such as IDIQ’s and BPA’s: Other than veteran-owned

• Open Market: Other than veteran-owned http://vaww.va.gov/vapubs/index.cfm https://www.acquisition.gov/far/part-8#FAR_8_002 https://www.acquisition.gov/vaar/required-sources-supplies-and-services#808002

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7. Sole Source: If a sole source is requested, a justification and approval (J&A) document is required. Reference FAR 13.106-1(b) for purchases not exceeding the SAT under FAR Part 13, VHAPM Part 813.5 for the template J&A for requirements over the SAT under FAR 13.5, and VHAPM Part 808.405-6 “Limited Sources” for FAR Part 8 requirements (FSS). Attachments in this section include the template limited sources document for below and above the SAT. 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 form and submitting it to the contracting office with the original procurement package. Please contact your NCO to determine which justification template in Table 3.1.3 of VHAPM Part 806.3 Other Than Full and Open Competition SOP is appropriate for your sole source request.

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 one company can meet the requirement. 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 item(s) is/are on FSS, were multiple FSS vendors considered? If yes, please provide documentation on why the selected vendor is the best value.

GSA Contract Number:

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. If a multi-item procurement, all items should be available under one schedule. Show documentation for the vendor with the best value. If the item is part of a Bulk Purchasing Agreement (BPA) please write any details of that agreement in this space. Refer to block 6 above for contracting preference priority https://www.acquisition.gov/far/part-13#FAR_13_106_1 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_813.5.aspx https://www.acquisition.gov/far/part-13#FAR_Subpart_13_5 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_808.405-6.aspx https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx

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9. Functional/Performance/Specification/Salient Characteristics:

(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 in the:

VHA Acquisition Business Intelligence Tool (VABIT).

Applicable Drawings/Schematics: 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.

In order 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.

https://dvagov.sharepoint.com/sites/VHAProcurement/RPOC/BIT/default.aspx

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

A reasonable delivery date must be considered.

Write the date (or milestone) the item is required for the activation of the facility (e.g. 1 day after BOD, 30 days prior to Day One, 90 days ARO).

Remember, there is a built in minimum timeline due to the various mandated steps in the contracting process. The number of days listed below represents the minimum number of days you can expect the CO to award a contract or issue a TO/DO after a completed and executable procurement package has been received by the CO. The estimated timelines after an executable package is received by the CO are listed below. Note these timelines do not account for the time from receipt of the package until found executable by the CO or any clarifications the CO must receive from the vendor.

Consider the below time ranges as a guideline:

a. Blanket Purchase Agreement (BPA) Call < $1M: 90 days

b. Federal Supply Schedule (FSS) Task Order (TO)/Delivery Order (DO)

< $1M: 120 days

c. BPA Call and FSS/IDIQ TO/DO > $1M < $5M: 146 days

d. BPA Call and FSS/IDIQ TO/DO >$5M: 175 days

e. Open Market Procurements > $250K < $7M: 215 days

f. Open Market Procurements Over $7M: 245 days

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.

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11. Market Research: Provide market research documentation to support procurement requests, including sole source requirements. If available, attach any vendor quotes.

Please use the Market Research Form Template (template included) attached in the IOT&A contract.

The first step in market research is to determine if your requested item must be purchased from a mandated source (i.e., Ability One or FPI).

Check with the COR and/or CO to determine if your requested item is part of any Prime Vendor, eCAT, National Committed Use Contracts, Mandatory Suppliers List, Bulk Purchasing Agreement, VHA Directive, Federal Supply Schedule (FSS) or other mandated purchasing list. If it is, include this information in the Market Research Worksheet with a copy of the mandating source. If not, then conduct your own Market Research to help determine the best source for the procurement package.

Market Research sources include: Manufacturer and Dealer catalogs, product brochures, trade journals, FSS, government economic data, and prospective vendors.

If you are requesting that the item is purchased from only one specific company or vendor you must demonstrate detailed need for that one specific item and prove that it is unavailable through other companies/ vendors. Refer to block 7 above.

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/Atch%202%20Market%20Research%20Report%20Temp%20over%20SAT.docx

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12. Independent Government Estimate (IGCE):

Information on how to develop an IGCE can be found here: VHA Procurement Manual Volume Three Chapter II Appendix B - IGCE Guide.

An IGCE is required for each procurement package.

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 and IOT&A contractor personnel who have signed an NDA. Please provide the methodology and data used to develop the estimate. A sample template is located in in Customer Reference Guide Chapter 10 Independence Government Estimate.

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

• Relies on the statement or scope of work documents

• Considers last price paid, general market price changes, current commercial market price, price lists, 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 https://vaww.pclo.infoshare.va.gov/PCLO/CRG/CRG-Appendix_B_IGCE_Guide.aspx

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13. 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.

YES NO

( ) ( ) Will contractor work on VA property to install equipment?

( ) ( ) to a potentially sensitive area?

• Completed Security Assessment Form [Position Designated

Automated Tool (PDAT)]. If applicable, the automated tool can be found here: OPM Position Designation Automated Tool.

ISO certification that requirement does or does not require applicable security clauses in accordance with VA Directive 6500 and 6500.6 which applies to all VA contracts in which VA sensitive information is stored, generated, transmitted or exchanged by a VA contractor, subcontractor or third-party, or on behalf of any of these entities regardless of format and whether it resides on a VA or a non-VA system, for the contractor, subcontractor, or third party to perform their contractual obligations to VA for the acquisition of goods or services where they stand in lieu of VA and act on VA’s behalf.

The Checklist for Information Security Appendix A (“Appendix A”) of VA Handbook 6500.6 Contract Security must be completed for ALL acquisitions, with the exception of expendable supply items, which are defined in VA Handbook 7002, PART 3. CLASSIFICATION OF PROPERTY. The REQUESTER must include the phrase “expendable supply item” on the VA Form 2237 for all requirements of expendable supply items. Please use the 6500.6 Appendix A provided by Contracting.

YES NO

( ) ( ) Will the contractor have access to the VA computer system/sensitive information?

( ) ( ) to patient records?

( ) ( ) will work on VA property

• Completed Security Assessment Form (VA 2280a).

YES NO

( ) ( ) Is a Business Associate Agreement Required?

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.

https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=8110#:%7E:text=This%20Veterans%20Health%20Administration%20%28VHA%29%20Directive%20is%20a,program%20management%20at%20each%20level%20of%20VHA%20.

https://www.opm.gov/suitability/suitability-executive-agent/position-designation-tool/#url=Automated-Tool https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1254&FType=2 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=471&FType=2 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=471&FType=2 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1128&FType=2 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1128&FType=2

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14. 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://www.va.gov/vapubs/viewPublication.asp?Pub_ID=1254&FType=2 https://www.va.gov/vapubs/viewPublication.asp?Pub_ID=471&FType=2

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15. Evaluation Criteria for other than Lowest Price Technically Acceptable (LPTA) Actions:

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 if applicable. For each factor, please describe the information to be requested from the offerors that will be used to evaluate the quotes.

Evaluation factors are the standards against which a Technical Evaluation Board measures the quality of each quote. 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.

16. Evaluation Team: Provide a list of recommended technical evaluation panel members. Technical evaluation panel members must be Government employees. Make sure they are subject matter experts.

Provide names of Government personnel to serve on the evaluation team.

Contracting will provide a Non-Disclosure Agreement (NDA) to be signed prior to evaluation of quotes.

Source selection is an inherently governmental function. IOT&A contractor employees advising the technical evaluation panel must sign an NDA.

Please familiarize yourself with FAR 3.104 – Procurement Integrity.

Provide names of subject matter experts who are agreeable and available to offer guidance on the vendor selection process. These people should have a very good knowledge of the product(s) and its actual usage.

17. Identify each contractor that participated or assisted in the development of the complete acquisition package:

List the Activation Contractor and/or any subcontractors participating in the development of the complete acquisition package. Contractors and subcontractors participating in the development of an acquisition package may not be permitted to submit offers on the resultant solicitation for that package due to Organizational Conflict of Interest regulations (see FAR Subpart 9.5 – Organizational and Consultant Conflicts of Interest).

Attachment 2: Market Research Report Template

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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

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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/

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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 https://www.vetbiz.va.gov/

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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

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(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

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(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

Last Updated: 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

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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

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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

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➢ 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

Last Updated: 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

Last Updated: 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

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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. Provides that preferences for awarding contracts to small business concerns shall be applied in the following order of priority: (1) SDVSOBs, followed by (2) VOSBs, including SDVOSBs, then (3) 8(a) and HUBZone firms and (4) any other small business. The order of priority was established in 2006 by Public Law 109-461, as per the policy in the Small Business Act at that time. Since then, as a result of legislative amendments to the Small Business Act, the FAR has been amended to create a woman-owned small business set-aside and to provide parity among the various small business socio-economic programs. Therefore, VA has adopted the current parity policy in FAR 19.203 for procurements involving other than SDVOSBs/VOSBs.

Based on above Market Research, identify each Small Business (including its eligibility for specific socioeconomic category status) capable of performing or providing the requirement. Discuss and explain the potential for Small Business participation in this acquisition.

IV. Conclusions and Recommendations

A. Query of the Vendor Information Pages (VIP) Database at https://www.vetbiz.va.gov resulted in:

https://www.va.gov/oal/library/vaar/vaar819.asp

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Total of ______ small business concerns in each of the individual socio-economic group in 2017 NAICS ___________:

SDVOSB

VOSB

Identify the number and types of small businesses contacted.

Identify which, if any of the small business has the necessary technical capability.

B. Query of the SBA Dynamic Small Business Search (DSBS) tool at SBA - Dynamic Small Business Search), resulted in:

Total of ______ small business concerns in each of the individual socio-economic group:

SDVOSB

VOSB

Woman-Owned Small Business (WOSB) 8(a) HUBZone

SB

Identify the number and types of small businesses contacted.

C. For acquisitions above the SAT, describe considerations for a set-aside or sole source award under the following small business program set-asides:

SDVOSB

VOSB

WOSB

8(a) HUBZone

Identify the number and types of small businesses contacted.

https://web.sba.gov/pro-net/search/dsp_dsbs.cfm

Last Updated: 03/01/2022 Page 15 of 15

D. When a total small business set-aside seems appropriate, describe why a set-aside is not appropriate for:

Service-Disabled, Veteran-Owned Small Business (SDVOSB) Veteran-Owned Small Business (VOSB) or

WOSB

8(a) HUBZone Detailed results of market research related to capabilities and other information on commercial practices, warranties, etc.:

IV. PROPOSED PROCUREMENT METHOD

Based upon the market research conducted and the resulting analysis, adequate sources of supply for small business concerns were obtained and after reviewing VA’s VIP database to identify verified and capable SDVOSBs and VOSBs, the data supports setting aside the procurement to (insert the socio-economic small business and related authority. This recommendation will be provided in the formal acquisition plan or will stand alone as the sole acquisition strategy document for small business determination for informal acquisition planning.

This market research information is not more than 12 months old.

Name: _______________________________ Date: __________________ Contracting Officer

Or

Based on the market research conducted, no two or more VIP verified and capable SDVOSBs or VOSBs were identified and appeared capable of performing the requirement. In addition, no small business in any of the other targeted socio-economic groups appeared to qualify for a set-aside or sole source procurement. Therefore, it is anticipated that all sources (large and small businesses) will be solicited for this requirement using competitive procedures.

This market research information is not more than 12 months old.

Name: ________________________________ Date: __________________

Attachment 1: Streamlined Market Research Report

Last Updated: 03/01/2022 Page 1 of 4

Requirement Title:

In accordance with FAR 7.102, contracting officers and acquisition planners are required to perform 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). The information below summarizes the market research results for this requirement. 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.

1. Objective: Per FAR 10.001(a)(2) and VAAR 810.001-70, this report is in support of (check as many as apply):

A new requirement

An acquisition with an estimated value in excess of the simplified acquisition threshold (see FAR subpart 2.1 for current threshold) (See

Attachment 2: Market Research Report Template if action is over $250K)

An acquisition with an estimated value less than the simplified acquisition threshold where adequate information is not available to develop the requirements package and the circumstances justify the cost of performing the market research; If so, explain

An acquisition that could lead to a bundled contract (15 U.S.C.

644(e)(2)(A)) (see FAR subpart 2.1 for bundled contract definition);

Other:

2. Background:

a. Description of service/supplies being requested:

b. Product or Service Code:

c. 2017 NAICS Code:

d. Size Standard for 2017 NAICS:

https://www.acquisition.gov/far/part-7#FAR_7_102 https://vaww.vashare.vha.va.gov/sites/PLOMSO/CRC/Shared%20Documents/Forms/AllItems.aspx https://vaww.vashare.vha.va.gov/sites/PLOMSO/CRC/Shared%20Documents/Forms/AllItems.aspx https://www.acquisition.gov/far/part-10#FAR_10_001 https://www.va.gov/oal/library/vaar/vaar810.asp https://www.acquisition.gov/far/part-2#FAR_Subpart_2_1 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/Atch%202%20Market%20Research%20Report%20Temp%20over%20SAT.docx https://www.acquisition.gov/far/part-2#FAR_Subpart_2_1 https://www.acquisition.gov/PSC_Manual https://www.sba.gov/document/support--table-size-standards

Last Updated: 03/01/2022 Page 2 of 4

e. Estimated contract value (to include any option years): $

3. Market Research…