JA for BVA Transcription and Court Reporting Services.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- Frederick (SAC-F), on behalf of the Department of Veterans Affairs (VA), Board of Veterans’ Appeals (BVA).

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

This activity proposes to negotiate a non-competitive, FAR Part 13 award with Jamison Professional Services, Inc, a Service-Disabled Veteran-Owned Small Business (SDVOSB), for the procurement of support services to provide transcription and court reporting services to the BVA. The BVA is charged to conduct hearings and dispose of appeals properly before the Board in a timely manner. 38 U.S.C. § 7101(a).

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

This service provides transcriptions of Veteran appeals hearings, which is a required step for final decision.

Currently, the BVA is scheduled to hold 25,000 hearings and render 104,000 decisions in FY 2023.

The estimated value for this acquisition is $3,048,000.00 and the General Services Administration (GSA) Schedule order will be six month base period with two three-month options.

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(a)(2)(i) 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.

VAAR 819.7008 states explicitly, “A contracting officer may award a contract to a VIP-listed service-disabled veteran-owned small business (SDVOSB) using other than competitive procedures provided” and that using this authority, the following must be verified:

(1) The anticipated award price of the GSA order will not exceed $5 million; The estimated value is $3,048,000.00 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 J&A will be posted on the Governmentwide Point of Entry, Contract Opportunities, after award.

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

Jamison Professional Services, Inc is a registered and verified Service-Disabled Veteran-Owned Small Business (SDVOSB). Jamison Professional Services, Inc performed the requirements for the previous

Strategic Acquisition Center (SAC) requirement and is familiar with the tasks for this effort. The Contracting Officer, with information available, can best estimate that contract award can be made at a fair and reasonable price that offers best value to the Government.

(4) The proposed rates will be verified using either the quoter GSA Schedule, the IGCE, the rates from the previous contract action, and/or technical expertise. A fair and reasonable price determination will be made prior to award.

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 38 USC 8127 (c) and VAAR § 819.7008 Sole source awards to SDVOSBs (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. To ensure that opportunities are available to the broadest number of SDVOSBs, this authority is to be used only when in the best interest of the Government.”

A notice of the proposed action will be 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 award.

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 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 Jamison Professional Services, Inc has been determined to be a responsible source with respect to performance. They are registered and certified in VetCert (Veteran Small Business Certification (sba.gov)) as an 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 an SDVOSB. In addition, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and Jamison Professional Services, Inc 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 Jamison Professional Services, 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.

Jamison has been performing transcription services for the BVA and has continued to provide quality service through their current contracts. In addition, the programs market research has helped in making the decision to go sole source to Jamison for this bridge contract requirement. This bridge contract will be a stop gap for the upcoming competition for the next transcription and court reporting services contract for BVA.

9. Any other facts supporting the use of other than full and open competition.

Strategic Acquisition Center (SAC)

In accordance with Public Law 109-461, codified at 38 USC § 8127(c)), 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 819.7008.

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

Not Applicable

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 order, consideration will be given as to whether the future acquisition should be competitive.

12. Certifications / Signatures.

Contracting Officer Certification:

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.

Michael Silva Date Contracting Officer Strategic Acquisition Center- Frederick

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 J. Fernandez Date Competition Advocate Strategic Acquisition Center- Frederick