JA FAR Part 8 VAAA LFO AWFT_Contract Opportunities.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL)

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

Frederick, MD 21703

LIMITED-SOURCES JUSTIFICATION

(1) Identification of the agency and the contracting activity, and specific identification of the document as a "Limited-Sources Justification."

This justification is executed by the Department of Veterans Affairs (VA), Strategic Acquisition Center—Frederick (SAC-F), on behalf of the Veterans Affairs Acquisition Academy (VAAA), Frederick, MD.

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

VA awarded a multiple-award Blanket Purchase Agreement (BPA) for VAAA’s Acquisition Workforce Training to three contractors to provide commercial off-the-shelf (COTS) acquisition training courses, to include FAC-Contracting (FAC-C) certification courses, GSA required Level I/Level II Leasing certification courses, and acquisition workforce electives. This acquisition was conducted using unrestricted (full and open) competition under the authority of the General Administration Services (GSA) Federal Supply Schedule, specifically the Multiple-Award Schedule (MAS) contracts in accordance with FAR 8.405-3 for the following:

• Business Management Research Associates, Inc. (BMRA), GS-02F-0185N 36C10X23A0010

• Management Concepts, Inc. (MC), 47QREA18D000Y 36C10X23A0011

• Stafford Consulting Company, Inc. (SCC), GS-00F-283GA 36C10X23A0012

VA was aware that BMRA’s GSA contract GS-02F-0185N required renewal at the time of award of the BPA; however, the renewal resulted in a new Federal Supply Schedule rather than just an update as expected. The original GSA contract number, GS-02F- 0185N was replaced by 47QREA23D002X, with an appropriate effective date to ensure no gap in coverage. The contract period for GS-02F-0185N was August 21, 2018 through August 20, 2023 and the contract period for 47QREA23D002X is August 21, 2023 through August 20, 2028. This request is for approval of the awarded follow-on BPA action, 47QREA23D002X 36C10X24A0004 to replace the original BPA under GS- 02F-0185N 36C10X23A0010 in order to place future orders on a competitive basis amongst the three BPA holders. Without this follow-on BPA, competition would be limited to only one SDVOSB and a large business for any future orders, which will not fulfill the acquisition trainings demands identified in the market research (see paragraph 6).

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

The BPA provides commercial-off-the-shelf (COTS) acquisition training courses for the Contacting Professional School (CPS) located at 7485 New Horizon Way, Frederick, MD 21703. The target audience for the courses provided under this BPA and subsequent task orders is the Federal Government’s civilian acquisition workforce, including managerial, non-managerial, and entry-level candidates. Students attending the training will be primarily VA employees but may also be from other Government agencies who have elected to coordinate their training needs with the VAAA.

The COTS training courses require the contractor to provide all course materials, instructors, and delivery of the training. The COTS courses include FAC-C and Leasing certification courses, electives, and continuous learning courses (CLCs). These courses may be face-to-face or virtual instructor-led.

The period of performance for BMRA’s BPA under the previous GSA contract number was awarded with a 5-year ordering period starting June 7, 2023. Task order performance periods are detailed in the individual task orders written under this agreement and are typically 12 months in duration. No single task order shall exceed 24 months in duration. The last day to place a new order is the last day of the BPA Period of Performance. The estimated value of this requirement remains unchanged.

(4) The authority and supporting rationale (see 8.405-6(a)(1)(i), (b)(1), and (c)) and, if applicable, a demonstration of the proposed contractor’s unique qualifications to provide the required supply or service.

The statutory authority permitting an exception to fair opportunity is 41 U.S.C.

§ 4106(c)(3) as implemented by FAR 8.405-6(a)(1)(C). In the interest of economy and efficiency, the new BPA is a logical follow-on to an original Federal Supply Schedule order which was placed in accordance with the applicable Federal Supply Schedule ordering procedures. Additionally, in accordance with FAR 8.405-6(c) the original BPA under GSA GS-02F-0185N 36C10X23A0010 was not issued under sole-source or limited-sources procedures and was solicited and awarded using full and open competition under the authority of the Multiple-Award Schedule Program.

On December 21, 2023, in response to the quote submitted by BMRA for BPA order #2, the VA Contracting Officer (CO) informed BMRA that the GSA contract appeared to be renewed but was assigned a new GSA contract number. BMRA acknowledged they did not share the information regarding the new GSA contract number. BMRA provided a copy of their new schedule and confirmed the clauses did not change.

The previous BPA under GS-02F-0185N 36C10X23A0010 had a five-year ordering period that expires June 11, 2028. During the ordering period, VAAA placed one competitive task order against the BPA under 36C10X23A0010 36C10X23F0077 with a period of performance of September 28, 2023 – September 27, 2024.

On February 12, 2024, VA awarded a new BPA under 47QREA23D002X 36C10X24A0004 for the same work with an ordering period of February 12, 2024 – https://www.acquisition.gov/far/part-8#FAR_8_405_6

June 11, 2028 under GS-02F-0185N 36C10X23A0010 in which VAAA has a continued need for courses. The training courses under this BPA are offered to VA employees to train VA’s acquisition professionals in required FAC-C courses and offers continuing education opportunities that are required to maintain a FAC-C certification. VAAA schedules these courses on an annual basis. The FY24 schedule has already been released in Cornerstone OnDemand (CSOD) and VA staff have begun registering for courses.

For the past 12 months the incumbent contractor, Business Management Research Associates, Inc. (BMRA), has provided satisfactory support under the current BPA and task order and is familiar with the current policies and practices implemented at VAAA.

It is in the best interest of the Government to continue this work as a logical follow-on contract in order to maintain continuity and quality of this effort. As stated above, if a new a BPA is not awarded it would limit the competition of future orders to one SDVOSB and a large business. Additionally, based on the original BPA market research, limiting the BPA to two contractors versus three may reduce the ability of VAAA to fulfill all of the VA acquisition training needs in the future ordering years as the training demands increase.

(5) A determination by the ordering activity contracting officer that the order represents the best value consistent with 8.404(d).

Negotiating with the existing contractor allowed for the most efficient use of resources.

Consistent with FAR 8.404(d), the Contracting Officer ensured that proposed rates conformed with schedule rates. This BPA represents the best value and result in the lowest overall cost alternative to meet the Government’s needs. The awarded BPA against the new GSA contract is for the same work awarded under the original BPA under number 36C10X23A0010. The BPA’s Contract Administration Data, Performance Work Statement, Price/Cost Schedule, and Contract Clauses all remain unchanged; no additional work is added to the BPA; BMRA did not offer further discounts to the Price/Cost Schedule as it was already evaluated and determined reasonable at the time of award.

(6) A description of the market research conducted among schedule holders and the results, or a statement of the reason market research was not conducted.

New market research was not conducted for the subject action. The market research for the BPAs indicated the need for a multiple award solution to ensure all courses CPS offers to its Contracting Professionals could be fulfilled throughout the year; market research for the BPA indicated very few vendors were capable of fulling all CPS’s training needs. Because the three BPAs, of which BMRA’s was one, were recently awarded in June 2023, the need for new market research was not necessary for this follow-on action. In accordance with FAR 10.002(b)(1), the contracting officer may use market research conducted within 18 months before the award of any task or delivery order if the information is still current, accurate, and relevant. Furthermore, the initial order competed under the BPA had awards for all three BPA holders showing the need for BMRA to retain a BPA to ensure CPS’ https://www.acquisition.gov/far/part-8#FAR_8_404 training needs are met and to maintain competition to the greatest extent possible.

Considering the need for continuity of services it is most efficient to award a logical follow on for the course offerings required. The purpose of this award action was to simply generate a new BPA number against the current GSA contract number in order to place future orders.

In accordance with FAR 5.301 and 8.405-6(a)(2), this action will be synopsized at award on the Government Point of Entry (GPE) (SAM.gov) and the justification will be made publicly available.

(7) Any other facts supporting the justification.

None.

(8) A statement of the actions, if any, the agency may take to remove or overcome any barriers that led to the restricted consideration before any subsequent acquisition for the supplies or services is made.

No barriers to future competition are anticipated. As stated above, this award action was to simply generate a new BPA number against the current GSA contract number in order to place future orders. Furthermore, future acquisitions will be awarded on a competitive basis.