JA FAR Part 6 SDVOSB Sole Source Cellphones_FINAL_NH (ejf).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) in Frederick, Maryland, on behalf of the Department of Veterans Affairs (VA), Homeless Program Office, Office of Analytics and Operational Intelligence (OAOI).

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

This activity proposes to negotiate a non-competitive award (sole-source) with MinBurn Technology Group (a Service-Disabled Veteran-Owned Small Business (SDVOSB)), for the procurement of smart phone pre-paid service plans for Veteran Care during the COVID-19 national health emergency.

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

The purpose of this J&A is to obtain authority to award a Firm-Fixed Price (FFP) contract for the purchase an additional six-months of service for 7,306 disposable phones already purchased by OAOI from Tracfone. Pre-paid service plans will include the ability to talk and text, along with unlimited data. All services will be provided in accordance with the terms, conditions, and provisions of the contemplated contract. The estimated value of this acquisition is $1,708,313.03 and the delivery period is six months after award.

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.

Strategic Acquisition Center (SAC)

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 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 SAM.gov.

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and

MinBurn Technology Group is a registered and verified SDVOSB with recent proven capabilities to perform the required services.

(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.

(5) The contracting officer has determined that the use of this authority is in the best interest of the government since MinBurn Technology Group is an SDVOSB with a satisfactory performance history supporting VA in providing quality products and services at a fair and reasonable price. They also have the necessary working knowledge of the VA systems, programs, and policies to provide the needed deliverables within the stringent timeline required.

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.

The contracting officer has determined that a SDVOSB sole-source award to MinBurn Technology Group 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. A determination that only one SDVOSB concern is available to meet the need 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.

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)

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 MinBurn Technology Group 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 in accordance with Public Law 109-461 Section 502(c), meeting 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 MinBurn Technology Group represented that they are an SDVOSB.

The Federal Awardee Performance and Integrity Information System (FAPIIS) was also reviewed and no reports for MinBurn Technology Group were found 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 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 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.

MinBurn Technology Group 10113 Minburn St, Great Falls, VA 22066

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.

Strategic Acquisition Center (SAC)

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 acquisitions should be competitive.

12. Certifications / Signatures.

Technical Representative Certification:

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

Nicole Harelik Date National Coordinator, Office of Analytics and Operational Intelligence (OAOI)

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.

Melissa Maloy 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).

Efrain Fernandez Date Competition Advocate Strategic Acquisition Center (SAC)