eVA JA FAR 13.501 Sole Source over SAT.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Sole Source Acquisition (>SAT-$7.5M under FAR 13.5)

Contracting Activity:

Department of Veterans Affairs Veterans Benefits Administration Office of Mission Support – Acquisition Directorate - 1800 G Street N.W.

Washington DC 20006

Nature and/or Description of the Action Being Processed:

This action will be a sole source acquisition in accordance with FAR 13.501. This will be a new firm-fixed-price contract.

Description of Supplies/Services Required to Meet the Agency’s Needs:

Veteran Readiness and Employment (VR&E) has a need for the e-VA system by SaraWorks LLC Semi-Autonomous Research Assistant (SARA). The platform is used by 98% of our Veterans as a primary means of communication. e-VA is an interactive, two-way, text/email communications, tracking/documentation service. SARA is integrated into the Readiness & Employment System (RES). The RES closes the gaps in service to the 140,000+ active program participants and streamlines case management functionality for VR&E counselors and other staff by interfacing with 20+ modern VA systems in a single, paperless solution. SARA's integration with the RES platform as a primary system is critical to perform VR&E’s mission and meeting Public Law 114-223, Title II, Section 254 mandates. Public Law 114-223, Title II, Section 254 mandates a 1:125 counselor-to-Veteran case ratio and the current ratio is 1:145 - significantly higher than required. Additionally, VR&E has a mandate to acquire Veteran signature on multiple documents per the M28C.V.B.6.01.c., and SARA is currently the primary method of acquiring claimant signatures to meet those requirements. SARA’s dual role in providing compliance and integration with RES successfully meets VR&Es mission.

Total Estimated Amount: $2,809,620.00

Statutory Authority Permitting Restricted Competition:

This acquisition is being conducted following Simplified Procedures for Commercial Items in FAR

13.5 in accordance with 41 USC 1901 or 41 USC 1903 and documented as required by FAR 13.501.

Demonstration of the Contractor’s Unique Qualifications:

This software uniquely addresses the agency’s requirements by offering participant engagement, efficient data entry and comprehensive documentation capabilities within a secure, FedRAMP-certified cloud environment. Its functionality is tailored to the specific needs of VR&E, enhancing the efficiency and effectiveness of communication and service delivery to Veterans. SaraWorks LLC’s SARA distinguishes itself from other market offerings by its specialized focus on vocational rehabilitation contexts. While The Career Index Corporation offers a commercial off-the-shelf (COTS) solution utilized by various workforce and educational programs, SARA is uniquely adapted for specific needs of Veterans’ vocational rehabilitation, a critical requirement for VR&E Service.

The integration of SARA into the RES, and VR&E’s processes and workflows makes it an asset that other market solutions demonstrated could not be currently matched.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

As part of due diligence, extensive market research was conducted to ensure a comprehensive solicitation of offers for this requirement. Veterans Benefits Administration Acquisition Directorate issued a Request for Information (RFI), 36C10D24Q0054 via NASA SEWP on January 19, 2024, which closed on February 7, 2024, and a Sources Sought Notice, 36C10D24Q0054 through GSA’s MRAS on January 22, 2024, which also closed on February 7, 2024. These notices aimed to identify a commercial off-the-shelf (COTS) solution capable of enhancing the VR&E process, prioritizing government oversight, and empowering VR&E counselors to focus on Veterans receiving benefit services, they are entitled to in the most efficient manner possible.

The strategic objective of this requirement was to find a solution that could automate the administrative burden of ingestion and establishment, thereby allowing VR&E personnel to concentrate more effectively on managing Veteran outcomes. The RFI/Sources Sought Notices were utilized to determine the commercial practices of companies engaged in providing alternative business paradigms with direct or related industries regarding Case Management for delivery of VR&E benefits, determine GSA Federal Supply Schedule availability, determine availability of Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Businesses (VOSB), and to review interested vendor capabilities statements. The RFI/Sources Sought Notices provided a comprehensive overview of the VA’s Vision, the current operational environment, business objectives and additional considerations. The RFI specifically requested detailed responses to enable the VA to make an informed decision on the best course of action. Ten responses were received to these notices. The responses were rigorously reviewed and evaluated by VBA’s Office of Business Integration (OBI) and VR&E Central Office staff. After careful consideration of the presentations and detailed responses, it was determined that only one company could feasibly deliver a VR&E-specific digital assistant based on what is currently deployed in the market. This assessment was based on the criteria outlined in the Statement of Objectives, Section 4.2 –Automation, which focused on identifying a contractor capable of providing an automated digital assistant with artificial intelligence and natural language processing features for two-way communication, tracking, case follow-up, automated appointment scheduling, data entry, document repository, digital signature capability, and integration with the existing case management platform. The Digital Assistant, integration with RES (a major system), and the cost duplication to the government, are the justification pertinent to this sole source acquisition. Despite the comprehensive market research and the range of responses received, it was concluded that only SaraWorks LLC’s SARA meets the specific, detailed requirements set forth by VA for this critical role in the VR&E program.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

No award will be made until the Contracting Officer determines the costs to the Government to be fair and reasonable. Price analysis utilizing competition in pricing is the preferred method to determine price reasonableness, however, with only one quote; other methods can be utilized such as:

FAR 13.106-3

(ii) Comparison of the proposed price with prices found reasonable on previous purchases

(vi) Comparison to an independent Government estimate

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

Market Research was conducted in accordance with VAAR 819.70 VA Veterans First Contracting Program.

Searches of the following sources was completed:

SBA VetCert

GSA

SBA’s Dynamic Small Business Search NASA SEWP and GSA MRAS RFI/Sources Source

SBA VetCert – NAICS 518210 was searched and returned 1848 results.

GSA – Schedule 70 – Category 132 40 - Cloud Computing Services - SUBJECT TO COOPERATIVE PURCHASING Includes commercially available cloud computing services such as Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS) and emerging cloud services. 111 Contractors listed including 9 SDVOSB and 4 VOSB. Each of these 13 Veteran-Owned Companies where crossed referenced with VetCert data based to determined verification (8 Verified - 7 SDVOSB – 1 VOSB, 5 NOT Verified). The following Keywords were searched for matches within each companies GSA Terms and Condition Price Lists, “Vocational Rehabilitation” and “Virtual Assistant”. 0 Results were returned.

SBA’s Dynamic Small Business Search – was searched for NAICS 518210 and resulted in 9,146 profile matches but stated Error – Insufficient search criteria were entered. The search was modified to include these Veteran Owned Companies and Keywords, “Vocational Rehabilitation” and “Virtual Assistant”. 1 profile matched for Veteran Owned and Vocational Rehabilitation. 0 profile for Veteran Owned and Virtual Assistant. Another Keywords search “Virtual Assistant Software” was completed without the NAICS Code or Veteran Owned. 0 Results were matched.

RFI/Sources Sought –VBA Acquisition issued RFI 36C10D24Q0054 via NASA SEWP on January 19th, 2024, and through GSA MRAS on January 22, 2024. Both notices closed on February 7th, 2024. These were used to ascertain if there were sources able to meet the Government’s requirements. Responses were received from ten sources, however nine of these sources did not demonstrate capabilities to meet the Government requirements for a readily available, Vocational Rehabilitation-specific Virtual Assistant. The one remaining source can readily meet the Government’s requirement, which is SaraWorks LLC. As stated previously, there software is a vocational rehabilitation-specific virtual assistant that allows for bi-directional automated and on-demand communication between VBA’s Vocational Rehabilitation Counselors and Veterans seeking to use or are actively enrolled in VR&E programs. The Government’s technical experts performed market research on Virtual Assistant commercial off-the-shelf (COTS) products, including the review of responses to the RFI. However, after further research, the Government’s technical experts have determined that no other such Vocational rehabilitation-specific product exists currently in the marketplace. Based on this market research, the Government’s technical experts have determined that SaraWorks LLC. is the only source able to meet the Government’s requirements at this time.

9. Any Other Facts Supporting the lack of competition: .

Failure to procure this capability will result in a major strain to the current VA workforce, specifically Vocational Rehabilitation Counselors, who currently conduct an overbearing number of administrative tasks which prohibit them from performing the value-added tasks providing direct benefits to the Veterans and beneficiaries whom they serve. e-VA is currently utilized as a primary means of communication by 98% of our Veterans, and is integrated with RES. Communication and services to our Veterans will be disrupted if a sole source contract is not awarded.

10. 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:

Based on the unusual and compelling urgency of this requirement and to prevent any major disruptions to the VR&E workforce or the Veteran experience, the VBA Acquisition Directorate plans on awarding a one-year sole source contract. This will bridge the gap and allow time for further market research, industry engagement, and soliciting of the requirement.

11. 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.

Nick Pamperin Date VR&E Executive Director

13. Approvals:

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

Edward D. Bradford, Contract Specialist Date Continental District Team

b. Supervisory Contract Specialist (required for actions valued >SAT-$750K): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief and approve.

John A. Player, Supervisory Contract Specialist Date Continental District Team

09/19/2024

09/19/2024

09/19/2024

NICK

PAMPERIN

Digitally signed by NICK

PAMPERIN

Date: 2024.09.19 11:07:59 -04'00'

EDWARD

BRADFORD

Digitally signed by EDWARD

BRADFORD

Date: 2024.09.19 08:20:24 -05'00'

JOHN PLAYER 2024.09.19

13:32:00 -05'00'

HIGHER LEVEL APPROVAL (required for actions over $750K):

c. Designated Contracting Activity Advocate for Competition or Head of Contracting Activity (HCA): (over $750K to $7.5M): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve.

Alyssa M. Dark, Director Date Acquisition Directorate Advocate for Competition for the VBA