J_A Version 2 CO signed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR Subpart 6.302-5 – Authorized or required by statute

1. Contracting Activity: Department of Veterans Affairs (VA)

Office of Procurement Acquisition and Logistics

Strategic Acquisition Center

5202 Presidents Court, Suite 103

Frederick, MD 21703

2. Description of Action:

The Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Office of

Health Informatics, Office of Information and Technology (OIT) requires Professional

Management Support Services services for a period Not to Exceed (NTE five (5) years.

A sole source award to an SDVOSB is anticipated.

Oasys International Corporation

3926 Pender Drive, Suite 120

Fairfax, VA 22030

3. Description of Supplies or Services:

The VA’s OIT-FSM office provides facilities management at various IT related facilities throughout the country. Specific to the proposed award action are three sites located within the

National Capital region, including: FSM’s headquarters location at Veteran Affairs Central

Office (VACO) located in Washington, DC; Capital Region Data Center (CRDC) located in

Shepherdstown, WV; and Capital Region Records Center/Continuity of Operations

(CRRC/COOP) site (includes 2 satellite buildings) located on the VA Medical Center campus in

Martinsburg, WV.

The proposed award will ensure continued, uninterrupted program and administrative support to the building management team overseeing the three sites.

OIT anticiaptes award of a firm fixed price contract, with a 12-month base plus four (4) 12-month options from date of award.

The total estimated value of the base and all options of the proposed action is $999,000.00.

4. Statutory Authority:

The statutory authority permitting other than full and open competition for this procurement 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. Rationale Supporting Use of Authority Cited Above:

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 verify:

(1) The anticipated award price of the contract (including options) will not exceed $5 million; the estimated value of the proposed action is $999,000.00 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)

The J&A will be posted on the Government Point of Entry (GPE).

(3) The SDVOSB concern has been determined to be responsible with respect to performance; and, Oasys International Corporation has been verified by VIP as owned and controlled by a service-disabled veteran and has the capability to continue providing fully qualified and knowledgeable staff personel to provide administrative support services. Oasys maintains a current contract performing theseservices at the indicated sites over the last 12 months and has CPARS evaluations supporting very good quality performance. Oasys is also registered in the System for Award Management (SAM) as an SDVOSB under the applicable North

American Industry Classification System (NAICS) code 561110 for Office Administrative

Services. As such, Oasys is determined to be a responsible source with respect to performance of this opportunity.

(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 United States.

The VA possesses ample historical pricing information that can be used to determine whether the proposed price is fair and reasonable and, depending on the contracting officer’s analysis of the proposed price, to further negotiate the proposed price. Most importantly, the contracting officer will not award a contract without first determining that the proposed price is fair and reasonable and the offer represents best value.

6. Efforts to Obtain Competition:

The contracting officer has determined that a SDVOSB sole source award to Oasys is in the best interest of the government. IAW VAAR § 819.7007 (b) and (c), the determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer and a determination that only one SDVOSB concern is available to meet the requirement is not required.

The exception in FAR 5.202(a)(4) applies to this procurement; “the proposed contract action is expressly authorized or required by a statute….”Therefore, notice of the proposed contract action will not be synopsized via the Government Point of Entry (GPE) in accordance with

FAR Section 5.201. The agency will make publicly available the justification required by

6.305(a) within 14 days after contract award.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P270_38161

7. Anticipatation of Fair and Reasonable Cost:

No award shall be made until the Contracting Officer determines the costs to the Government to be fair and reasonable. This determination may be based on current contract pricing, other information made available, and an Independent Government Cost Estimate.

8. Market Research:

Market research was conducted and Oasys 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, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and Oasys has no exclusions.

In addition, a search of the GSA Library resulted in six contractors under Multiple Award

Schedule (MAS), Office Management- Office Services, category 561110 for Office

Administrative Services. Of those 6 contractors, only one is a SDVOSB and VIP verified, Summit Technologies LLC. Due to there only being one VIP verified SDVOSB under this

GSA schedule this contract cannot be set aside on GSA because we cannot satisfy the Rule of

Two.

9. Other Facts:

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 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. Interested Sources:

Oasys International Corporation

3926 Pender Drive, Suite 120

Fairfax, VA 22030

11. Barriers to Competition:

The VA recognizes that there are other vendors available to meet the needs of OIT. Market research will continue to be conducted to determine if competition is in the best interest of the Government for future requirements.

12. Certifications:

Technical and Requirements Certification: I certify that the information provided which forms the basis for this justification are complete and accurate.

Name: Melissa Kirby Date:

Technical Representative Title and Signature:

Contracting Officer Certification: I certify that the justification is accurate and complete to the best of my knowledge and belief.

Name: Jennifer Benisek Date:

Procuring Contracting Officer Signature:

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).

Efrain Fernandez Date:

Competition Advocate

Strategic Acquisition Center

Tracking Number: __________