FAR 13.5 Brand Name Justification - Over SAT_Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Brand-name Justification >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

BRANDNAME JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C257-22-AP-1794 JOFOC Log#: 2022-05-23T15:58:26

1. Contracting Activity: Department of Veterans Affairs, VISN 17, VA Amarillo Texas Veterans Health Care System (ATVHCS), located at 6010 Amarillo Blvd. West, Amarillo, TX 79106 intends to purchase Outward Mindset Leadership Training through the Network Contract Office 17 in San Antonio, TX, under Purchase Request: #504-22-1-5023-0014.

2. Nature and/or Description of the Action Being Processed: This procurement is for the purchase of Outward Mindset Leadership Training located within ATVHCS, 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 brand-name justification using the format of FAR 6.303-2. This new requirement will be awarded as a firm-fixed price, Base Plus 4 option years contract for an estimate amount of .

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Contractor will provide training, coaches, materials, and online resources on mindset and cultural changes through multiple programs. Training will be provided to five (5) members of the Executive Leadership Team, fifteen

(15) senior leaders, forty-five (45) service chiefs, and one hundred fifty (150) managers/supervisors.

The programs are intended for those employees with formal leadership and supervisory responsibilities. The program includes both online and supporting training materials as well as live either face-to-face or virtual sessions with leadership and supervisors. The estimated annual cost for this contract is for the base year and approximately per following year. The total estimated cost for the Base Plus 4 years is .

4. Statutory Authority Permitting Restricted Competition:

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

(X ) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

Effective Date: 02/01/2022 Page 2 of 4

Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The Outward Mindset Leadership Training is a brand name that is essential to the Government’s requirements, precluding consideration of a service provided by another brand. This service can be provided by multiple contractors; therefore, this requirement is not sole source.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: A sources sought synopsis was issued, 05-04-2022 with a close date of

09-2022, under Request For Information (RFI) synopsis number, 36C25722Q0595. The following response breakdown was received: 4 SDVOSBs, 3 EDWOSBs, 1 WOSB and 1 LB. Due to these responses, th s requirement will be post to Contract Opportunities with an SDVOSB set-aside to facilitate competition for this acquisition.

Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable: This Brand-name justification will ensure the Government gets the required training and the anticipated cost will be considered fair and reasonable based on competition amongst SDVOSBs on the open market.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: As a result of this market research report, conducted IAW FAR Part 10. Pursuant to FAR 10.002, this requirement is found to be commercially available;

however, IAW FAR 8.002 and FAR 8.003, this requirement cannot be filled through a mandatory source or GSA contract holder. Based on recent market research, it was determined that the Rule of Two, can be met on the open market with an SDVOSB set-aside.

Any Other Facts Supporting the Use of Other than Full and Open Competition: This brand-name service contract will include training, coaches, materials, and online resources on mindset and cultural changes through multiple programs for the required Outward Mindset Leadership Training.

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

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

VIP verified Service-Disabled, Veteran-Owned

(SDVOSB)

Open Market Vendors

1) Kingfisher Services, LLC ken@kingfisher.services 724-640-5450

2) Behavioral & Mental Wellness Coaching, Inc. wellnesswali@gmail.com 443-857-5731

3) The Mt. Olivet Group, LLC jon@tmogllc.com 757-615-8813

4) Modern Kaizen LLC Keshawncupid@modernkaizen.com 951- 834-4261

VIP verified Veteran-Owned Small Business

(VOSB)

None

Woman-Owned Small Business (WOSB) Open Market Vendors

Effective Date: 02/01/2022 Page 4 of 4

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

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

Contracting Officer

NCO 17

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Jeff Morris Date Division 1 Chief

NCO 17

JEFFREY MORRIS Digitally signed by JEFFREY MORRIS Date: 2022.06.07 07:18:14 -05'00'