JA FAR Part 6 SDVOSB Sole Source NVGAG Virtual Platform 2022 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

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), Veterans Health Administration (VHA).

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

This activity proposes to negotiate a firm fixed price, non-competitive sole-source award with Creative Veteran Productions, a Service-Disabled Veteran-Owned Small Business (SDVOSB). The National Veterans Golden Age Games (NVGAG) is the premier senior adaptive rehabilitation program in the United States, and the only national multi-event sports and recreational seniors’ competition program designed to improve the quality of life for all older Veterans, including those with a wide range of abilities and disabilities.

NVGAG is one of the most progressive and adaptive rehabilitative senior sports programs in the world. The Games serve as a qualifying event for competition in the National Senior Games in several competitive events.

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

The Contractor shall provide all labor, creative design, and hosting services necessary for building and hosting a virtually collaborative space to coincide with NVGAG’s annual, in-person expo event, and a virtual forum to host live, or pre-recorded, periodic education and collaboration sessions beginning September 3, 2021 – September 2, 2026. In preparation of the NVGAG in-person event, NVGAG will offer virtual opportunities to the senior Veteran athletes. The series of demonstrations, live education, health and wellness resources, and virtual fitness/sports training sessions will assist the Veterans as they train year-round for the in-person competitions each year. The estimated value for this acquisition is $1,490,000.00 for the period of performance for one 12-month base year and four 12-month option years.

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

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

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 $1,490,000.00 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 Justification and Approval will be posted on Contract Opportunities.

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and Creative Veteran Productions 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 based upon the fact that Creative Veteran Productions is an SDVOSB which has a satisfactory performance history with VA in providing quality products and services at a fair and reasonable price and has the necessary working knowledge of 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.

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.”

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) 5202 Presidents Ct, Suite 103

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 (CO) 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 (IGCE).

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 Creative Veteran Productions 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 561920 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 Creative Veteran Productions represented that they are an

SDVOSB.

In addition, the Federal Awardee Performance, and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for Creative Veteran Productions 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, COs within 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 CO may do so in accordance with VAAR 819.7007.

Creative Veteran Productions have provided services to VHA and VBA over the last 14 years. Creative Veteran Productions has provided user-friendly, immersive software solutions and have real-world impact on the mission. As the developer of the VHA

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

Rashonna R. Digitally signed by Rashonna R. Avery 271479

Avery 271479 -04'00' Date: 2021.09.02 18:48:01

MYVeHU Campus and vDEMPS web-based virtual platforms, and on subsequent VHA SIMLEARN and DEGS projects. VA requires Creative Veteran Productions to provide labor, creative design, and hosting services necessary for building and hosting a virtual expo.

At the completion of this project, should this concept solution be proven effective, market research will be conducted in order to determine if there are other capable vendors who can provide the required services.

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

Creative Veteran Productions 2400 Maitland Center Pkwy Ste 112 Maitland, FL 32751

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, if any, 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.

Rashonna Avery Date Recreation Therapist, PMRS National Veterans Golden Ages Games

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

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.

9/3/2021

Melissa Maloy Date Contracting Officer Strategic Acquisition Center- Frederick (SAC-F)

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 FAR 6.302-5, Authorized or required by statute: 38 US Code 8127(c)

Efrain J Fernandez 103610

Digitally signed by Efrain J Fernandez 103610 Date: 2021.09.13 09:26:44 -04'00'

Efrain Fernandez Date Competition Advocate Strategic Acquisition Center (SAC)

Melissa A.

Maloy 106060

Digitally signed by Melissa A. Maloy 106060

Date: 2021.09.03 09:11:09 -04'00'