JA FAR Part 13 SAMI Front Office ch__Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL)

Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103

Frederick, MD 21703

(4) The statutory authority permitting sole source.

The statutory authority permitting other than full and open competition for this procurement is 41 USC 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 statement demonstrating the unique qualifications of the proposed contractor or the nature of the action requiring use of the authority.

38 U.S.C. 8127(c) permits a contracting officer to award a contract to a verified SDVOSB using procedures other than competition if:

(1) such concern is determined to be a responsible source with respect to performance of such contract opportunity.

(2) the anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 134 of title 41) but will not exceed $5,000,000; and

(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.

The proposed action meets all three of the requirements of 38 U.S.C. 8127(c). First, Oxley Enterprises, Inc has been verified within the SBA database at Veteran Small Business Certification as owned and controlled by a SDVOSB. Oxley Enterprises, Inc. performs the types of support services required under this Statement of Objectives. Further, Oxley Enterprises, Inc. has successfully provided services to the VA similar to the required services.

Oxley Enterprises Inc. is also registered in the System for Award Management (SAM) as a small business. As such, Oxley Enterprises, Inc. is determined to be a responsible source with respect to performance of this requirement.

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

In accordance with 819.7007(b), the determination to make a sole source award to an SDVOSB is a business decision wholly within the discretion of the Contracting Officer; therefore, the requirement to ensure that offers are solicited from as many potential sources as practicable is

Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103 not applicable to this procurement. In addition, 819.7007(c) further authorizes the contracting officer to make the award without first determining that only one SDVOSB source can meet the requirement.

A notice of the proposed action was synopsized via the Government Point of Entry (GPE) in accordance with FAR Section 5.201, and the agency will make publicly available the justification required by 6.305(a) within 14 days after contract award.

(7) The anticipated dollar value of the proposed acquisition, including options if applicable, and 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 costs to the Government to be fair and reasonable. This determination will be based on the historical pricing data agreed to in one or more VA contracts for the same or similar services complimented by an assessment of the level of effort and labor mix proposed, as well as the Independent Government Cost Estimate (IGCE) and other appropriate price analysis techniques.

(8) A description of the market research conducted and the results or the reason market research was not conducted.

Market research was conducted and Oxley Enterprises, Inc has been determined to be a responsible source with respect to performance. Oxley Enterprises, Inc. has previously performed services similar to the Acquisition Support on various requirements. Performance on the contract was satisfactory, therefore Oxley Enterprises, Inc. is the SDVOSB considered for the SAMI Front Office Program Support requirement.

They are registered and certified in SBACert 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 Oxley Enterprises, Inc represented that they are a SDVOSB.

In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for Oxley Enterprises, Inc that would indicate defective pricing, instances of contractor fault or recipient not-qualified, terminations for cause, default or material failure to comply, or non-responsibility of the contractor.

(9) Any other facts supporting the use of sole source.

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

Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103 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 if:

(1) such concern is determined to be a responsible source with respect to performance of such contract opportunity.

(2) the anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 134 of title 41) but will not exceed $5,000,000;

and

(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the Government.

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

Oxley Enterprises, Inc (SDVOSB) 20 Plantation Drive, Suite 131 Fredericksburg, VA 22554

(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 any future acquisition could be competitive.