Award Bridge Shuttle Service SFVAMC.pdf

Attachment 1: Request for SDVOSB/VOSB Sole Source Justification Format >SAT

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A)

For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID: 36C261-24-AP-2438. Justification for Other Than Full and Open Competition Tracker number: FY24-NCO21-1197.

1. Contracting Activity: Department of Veterans Affairs, Veterans Integrated Service Network (VISN) 21, Regional Procurement Office (RPO) West, Network Contracting Office (NCO) 21, 711 Kapiolani Blvd., Honolulu, HI 96813. The purchase request number is 662-24-1-067-0032.

2. Nature and/or Description of the Action Being Approved: The proposed procurement is for a firm fixed price contract to shuttle Veteran Affairs (VA) employees to and from various routes to San Francisco VA Medical Center (SFVAMC) in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of

FAR 6.303-2.

This requirement was previously procured under Contract 36C26119P0700 for $4,401,600.00 for four years. It was awarded to SDV Services, Incorporated (SDVSI), a VetCert verified SDVOSB on a competitive basis. This contract expired 4/30/22 but was extended for six months through 4/30/23. A bridge contract 36C26123P107 was awarded for $755,530.00 for five months through 9/30/24. This contract was extended for six months under FAR 52.217-8 through 3/31/24.

A solicita�on was issued to replace the expiring contract with a period of performance of April 1, 2024 - March 31, 2025 for the base period, to include four one-year op�on periods through March 31, 2029. However, due to a protest, the solicita�on was updated and the response due date was extended past April 1, 2024. Accordingly, a bridge contract of four months to the incumbent, SDVSI, was proposed by the Sta�on Partner with a POP from April 1

- July 31, 2024.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The SFVAMC requires a contractor to provide all vehicles, drivers, fuel, equipment, and insurance as necessary to shuttle VA employees between SFVAMC located at 4150 Clement Street, San Francisco, California to and from Montgomery Street Bart Station and Salesforce Transit Center, Powell Street Bart Station and Transbay Transit Center, the Toll Plaza parking lot of the Golden Gate Bridge on San Francisco side, the Daly City Bart Station, and UCSF Route.

The estimated value of the proposed procurement for four months is $604,424.00. The resulting contract will include FAR 52.217-8, Option to Extend Services which can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The cost for this option, if exercised, will be at the same rates as those in effect under the contract at the time it is exercised.

4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S. Code § 8127(c), as implemented by FAR 6.302-5 (Authorized or Required by Statute).

Contracting Officers (COs) may use the non-competitive (sole source) procedures authorized in VAAR 819.7008 up to $5,000,000. Check the specific VAAR clause used below:

( X ) 819.7008 Sole source awards to a verified service-disabled veteran-owned small business; or ( ) 819.7009 Sole source awards to a verified veteran-owned small business

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

Small Business Programs, VAAR 819.7008, sole source awards to certified SDVOSBs based on 38 U.S.C. 8127(c):

a. As stated, the current contract ends on March 31, 2024, and additional time is required to solicit a long-term contract with maximum competition. The proposed contractor is the incumbent SDVSI and has been determined to be a responsible source with respect to satisfactory performance of the required services.

Therefore, to ensure all necessary resources are in place and available at the expiration of the current contract, a four-month bridge contract is proposed with the incumbent contractor to allow adequate time for a long-term contract to be solicited with maximum competition and an appropriate transition period. Additionally and as indicated, the current solicitation’s response due date has been extended due to the protest.

b. The anticipated resulting award price of the contract will exceed the simplified acquisition threshold (as defined in Section 134 of the Title 41) but will not exceed $5,000,000.00 and one year.

c. In the estimation of the CO, the contract award can be made at a fair and reasonable price that offers best value to the government.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies: For purposes of this proposed procurement, no other sources were sought due to the reasons outlined in paragraph 5. However, the contracting officer has conducted market research for the solicitation and has uncovered other potential vendors who can potentially compete for this requirement.

https://www.va.gov/oal/docs/business/pps/deviationVaar20230216.pdf https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: Pursuant to FAR 6.303-2(b)(7), the CO has reasonable expectation that the prices on the resulting contract will be fair and reasonable based on reviewing prices on previous contracts for the same services. However, while the CO has taken steps to ensure the cost is fair and reasonable, lingering high inflation, staffing shortages, unstable supply chain have impacted the economy as a whole causing near-term wages, fuel, and other related vehicle expenses causing higher than expected costs from the contractor community for the previous years.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Based on market research conducted for the solicitation such as sources sought posted on System for Award Management (SAM) Contract Opportunities 11/30/23, VetCert, and Dynamic Small Business Search (DSBS), there are more than two SDVOSBs that can provide this type of service. Based on this, the VA Rule of Two has been met. However, due to the reasons stated in paragraph 5, only SDVSI can fulfill the Government’s requirement in the time available prior to the current contract expiration.

The incumbent contractor, SDVSI, has met the eligibility criteria outlined in VAAR 819.7003 such as verified SDVOSB listed in the SBA certification database at the following website:

https://veterans.certify.sba.gov/ and this action is below the $5M threshold.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: The required service is critical that it would cause unnecessary work interruptions affecting the VA mission negatively if bridge contract is not awarded in time. Additionally, the services cannot be provided by any other vendor in time before the current contract expiration without a break in services.

The lack of other vendors capable of providing this service in the time it’s needed is due to the size and scope of the SFVAMC’s requirements. A four-month bridge contract is proposed to fulfill this requirement with the incumbent contractor SDVSI to allow adequate time for a long-term contract to be solicited with maximum competition and an appropriate transition period.

SDVSI has been performing the services satisfactorily.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: To date, no other sources other than SDVSI have express an interest in the providing the required service by SFVAMC. SDV Services, Inc., 2236 Mariner Square Drive, Alameda, CA 94501.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required: To foster competition for future acquisition of the service being acquired, a follow-on competitive acquisition has already been issued. The solicitation is being procured as a long-term contract of five years to begin at the conclusion of this short-term contract.

https://veterans.certify.sba.gov/

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

Robert S. Libberton Date Chief, Business Administration Service San Francisco VA Medical Center

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

a. Contrac�ng Officer or Designee’s Cer�fica�on (required): I cer�fy that the foregoing jus�fica�on is accurate and complete to the best of my knowledge and belief.

Pablo S. Cunanan Date Contracting Officer Network Contracting Office (NCO) 21

b. One Level Above the Contrac�ng Officer (Required over SAT but not exceeding $750K): I cer�fy the jus�fica�on meets requirements for other than full and open compe��on.

Jason T. Hill Date Chief, Services Team II Network Contracting Office (NCO) 21

20 March 2024 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM2/VHAPM_Part_806.3.aspx