FY20 DJ030 - JA Four Points (SDVOSB) FE.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC)

5202 Presidents Ct, Suite 103 Frederick, MD 21703

Justification and Approval for Other than Full and Open Competition

6.302-5 -- Authorized or required by statute

1. Identification of the agency and the contracting activity.

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center (SAC), on behalf of the Department of Veterans Affairs (VA), Acquisitions Academy (VAAA).

2. Nature and/or description of the action being approved.

This activity proposes to negotiate a non-competitive award (sole-source) with Four Points Technology, LLC (a Service-Disabled Veteran-Owned Small Business), for the procurement of Adobe Software Applications (Creator Cloud & Captivate) and Connect Support Services along with hosting services for the VAAA. The estimated value of this Firm-Fixed Price contract is $1,901,762.75 and the period of performance would be a base year with four option years allowing the government to continue services.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

This contract is to provide of Adobe Software Applications (30 licenses for Creator Cloud & 30 license for Adobe Captivate) and 300 Concurrent licenses for Adobe Connect Support Services along with hosting services for the VAAA. In the event requirements change and additional licensed are needed, the contract will need to increase its Adobe Connect license (100 concurrent license increase, at prorate cost to the end of the period of performance).

This effort will continue with tasks from an ongoing adobe connect services and hosting effort with addition of the licenses for creator cloud and captivate added to the services done by Four Points Technology, LLC.

Adobe Connect is the delivery method for some of the schools within the Academy with its ability to delivery training via any internet browser and the ability to store uploaded content. With the VA restricting JAVA, Adobe connect and the other adobe applications:

captivate and creator cloud meets and exceeds government requirements to develop and deliver an excellent training product/course. Adobe connect is the only preferred method to provide training without issues with its ability to store and upload content within its system, ability to interact with students with polling, chats, activities, and having breakout rooms. Also, it is HTML5 compliant being able to be accessed from any internet browser that is approved on VA systems: MS Edge, Chrome, and IE. MS

Strategic Acquisition Center (SAC)

Teams nor MS Skype will be able to meet these requirements along with Blackboard Collaborate and other virtual training platforms as the Academy’s schools must have a virtual delivery platform with the ability to have training rooms preloaded with a mass amount of content and be delivered via those browsers above. Some systems allow this, but content must be uploaded manually daily. With the allowed eight hours of daily duty hours, instructors and technologist will not be allowed overtime as training plus daily uploading of content along with training set-up will be over eight hours a day.

Adobe Connect meets this and allows instructors and technologist to be able to step into a training room with pre-uploaded content delivering training within the eight hours a day allowed duty hours.

The Academy developmental efforts will be sufficed being able to keep up with the needs of the VA and other government agencies participating in the Academy’s training efforts supporting the Acquisition Workforce with having Adobe Captivate and Creator Cloud applications. Some components of the Academy have been delivering training via the Adobe Connect application since 2012 and have thousands of man hours of approved and built content that is stored in the academy’s current adobe connect system. Lastly, a huge amount of contracted staff is trained to deliver via the Adobe Connect application. With the ability to store content, developed content, delivery seamlessly, and current staff trained on this system. Adobe Connect, captivate, and creator cloud meets and exceed government needs.

This continuing effort will allow the government to seamlessly continue services without break in development and virtual deliveries of VA and Government training of:

Contracting Officer Representative (COR) Certification, Program Management (PM), Contracting Workshops, Acquisition Career Officer workshops, SAC-F Industry Day conferences to name a few.

The VAAA is expanding its virtual presence in training and deliveries and this continuation of services without break will allow the government to do so. In addition, if a break in the acquisition (continuing effort) happens, it would cost the government time and budget to start from a new acquisition as this effort provided by Four Points Technology, LLC has been ongoing for five years. The government would have to redeveloped training, meetings, and their master delivery rooms in a new vendors adobe connect hosted services. Estimation of this rebuild and development efforts could cost the government over 5000-man hours, hundreds of thousands of FTE salary dollars, and coordination efforts testing new services.

This effort will also provide the VAAA with added license of creator cloud and captivate for its development efforts of virtual training and self-paced web-based training.

Strategic Acquisition Center (SAC)

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition is 41 U.S.C.

§ 3304(a)(5) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302- 5 entitled, “Authorized or required by statute”. The applicable statute is Public Law 109- 461: “Veterans Benefits, Health Care, and Information Technology Act of 2006” specifically, the “Veterans First Contracting Program” outlined in 38 USC § 8127(c).

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

VAAR 819.7007 states explicitly, “A determination that only one SDVOSB can meet the requirement is not required,” and that using this authority, the following must be verified:

(1) The anticipated award price of the contract (including options) will not exceed $5 million; The estimated value is 1.9M and does not exceed $5M.

(2) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.301(d);

This J&A will be posted on FBO.

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and Four Points Technology, LLC is a registered and verified Service-Disabled Veteran-Owned Small Business (SDVOSB). Four Points Technology, LLC performed in an on-going order and is familiar with the tasks for this effort. VAAA requires Four Points Technology, LLC to add creator cloud and captivate license and continue connect services and hosting upon prior task deliverables and work to provide a smooth transition to enable sustainability and success. Switching to another vendor would require coordination efforts from multiple VAAA schools allowing redevelopment efforts and loading of current virtual delivery content into a new adobe connect hosted services. Also, the VAAA adobe connect link would change and this would take coordination efforts across the VA and other government agencies to receive the new main training links. Thus, the cost to procure new support services from another contractor would be cost prohibitive. Failure to sole source to Four Points Technology, LLC will prevent VAAA from having the support that is required to meet the priorities and goals of providing certification training for COR’s, PM’s, CS’s, delivery continuous learning points (CLPs), and effectively respond to Veteran’s needs.

https://www.acquisition.gov/content/part-6-competition-requirements#i1119843 https://www.acquisition.gov/content/part-5-publicizing-contract-actions#i1120562

Strategic Acquisition Center (SAC)

(4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government. The previous award was made under competitive procedures with rates from a multiple vendor bidding for the current adobe connect services and hosting. Four Points Technology was the best value for the government and provides excellent services to the government and its Veterans.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by Subpart 5.2 and, if not, which exception under 5.202 applies.

IAW VAAR § 819.7007 Sole source awards to service-disabled veteran-owned small business concerns (b), “The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. A determination that only one SDVOSB concern is available to meet the requirement is not required.”

A notice will be publicized as required by Subpart 5.2.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable.

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on a comparison of current contract pricing, past proposal submissions (if available), other information made available, and an Independent Government Cost Estimate.

8. A description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was conducted and Four Points Technology, LLC has been determined to be a responsible source with respect to performance. They are registered and certified in VetBiz.gov as a SDVOSB with the NAICS code for this requirement which in accordance with Public Law 109-461 Section 502(c) meets the requirements of this statute to sole source to a SDVOSB. In addition, their current services meet and exceeds government requirements and government reviewed their VIP verification verifying that they are an SDVOSB.

9. Any other facts supporting the use of other than full and open competition.

In accordance with Public Law 109-461, codified at 38 USC § 8127, in order to increase contracting opportunities for small business concerns owned and controlled by veterans

Strategic Acquisition Center (SAC) and small business concerns owned and controlled by veterans with service-connected disabilities, contracting officers of the VA are given specific statutory authority to award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures (i.e. a “sole source” contract). The contracting officer may do so in accordance with VAAR 819.7007.

10. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition.

Name: Four Points Technology, LLC Address: 14900 Conference Center Drive, Suite 100 Chantilly, VA 20151

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

All future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive.

Strategic Acquisition Center (SAC)

12. Certifications / Signatures.

Technical Representative Certification:

I certify that the foregoing justification is complete and accurate to the best of my knowledge and belief.

Keith Newman Date Program Manager VAAA PM School

Contracting Officer Certification:

Pursuant to (FAR 6.303-2(a)(12)), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Carey M. Kauzlarich Date Contracting Officer Strategic Acquisition Center- Frederick (SAC-F)

Competition Advocate Approval:

Competition Advocate Approval

Upon the basis of the above justification, I hereby approve, as advocate for competition for the procuring activity, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of 38 U.S. Code 8127(c).

Donald (Jason) Jones Date Competition Advocate Competition Advocate Strategic Acquisition Center (SAC) Tracking Number DJ030 vacojonesd12 Typewritten Text 6/18/2020