JA Graphic Artist 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) Veterans Experience Office (VEO).

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

This activity proposes to negotiate a non-competitive award (sole-source) with BrennSys Technology, LLC, a Service-Disabled Veteran-Owned Small Business (SDVOSB) for the procurement of graphic design support services.

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

The Veterans Experience Office (VEO) is VA’s lead organization for customer experience (CX) at VA and reports directly to the Secretary. VEO supports VA in the Department’s modernization efforts to become a premier CX organization by bringing industry best practices to VA service design and delivery. VEO accomplishes this through four core CX capabilities: real-time CX data, tangible CX tools, modern CX technology, and targeted CX engagement. These capabilities empower employees to deliver outstanding experiences to Veterans, their families, caregivers, and survivors through actionable real-time CX data and predictive analytics; concrete CX tools such as the VA Welcome Kit and accompanying guides, training, and implementable best practices; user-friendly, modern technology; and personal engagement with VA customers.

This need is valued and budgeted for $3,303,457.07 over its life-cycle (well under the $5M ceiling for Sole Source required by VAAR 819.7007).

As the lead organization for CX in the Department, VEO develops a variety of communication products that reach a vast and diverse audience both internal and external to the VA. These products assist in communicating veteran-centric information in multiple formats requiring graphic design support. These products can be both periodic and ad hoc. Providing dedicated, graphic design support to these products will enhance VEO’s communications and enable the Department to reach Veterans more successfully and effectively through a variety of platforms. VEO requires support that is nimble, proficient in the most current graphic design practices and techniques and able to support multiple requirements at the same time.

The estimated value for this acquisition is for the of Base Year - 9/15/2021 – 9/14/2022 - $611,998.45 Option Year 1 – 09/15/2022 – 09/14/2023 – $649,119.13 Option Year 2 – 09/15/2023 – 09/14/2024 - $664,700.23 Option Year 3 – 09/15/2024 – 09/14/2025 - $680,643.03 Option Year 4 – 09/15/2025 – 09/14/2026 - $696,996.23

Total contract amount

- $3,303,457.07

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.

BrennSys Technology, LLC is a registered and verified SDVOSB that can immediately support the VA’s need as they are currently supporting Veterans Health Administration in VECTOR TOPR 61 About Face Web Design. BrennSys Technology, LLC, and understands the unique nomenclature associated with many VHA programs. VEO is the lead organization for CX in the Department. VEO develops a variety of communication products that reach a vast and diverse audience both internal and external to the VA.

These products assist in communicating veteran-centric information in multiple formats requiring graphic design support. These products can be both periodic and ad hoc.

Providing dedicated, graphic design support to these products will enhance VEO’s communications and enable the Department to reach Veterans more successfully and effectively through a variety of platforms. VEO requires support that is nimble, proficient in the most current graphic design practices and techniques and able to support multiple requirements at the same time. BrennSys Technology, LLC experts currently support all aspects of creating new media for AboutFace including video and multimedia from pre-production (planning, location scouting, assistance with recruitment of subjects) through production (video- and audio-recording, lighting and set design, etc.) and post-production (editing, mixing, color correct, captioning, audio describes, 508 compliance, etc.). BrennSys Technology, LLC is currently furthering the develop of AboutFaces’ mission while maintaining and advancing the role it plays in reducing stigma and informing Veterans and their loved ones how PTSD treatment can turn lives around.

This experience and insight combined with the VEO support will enable VEO to meet the mission, goals, initiatives, and objectives to ensure complete understanding of the complex and technical aspects of the VA.

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.”

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 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).

Additionally, contract award can be made at a fair and reasonable price that offers best value to the Government. The rates will be verified using the IGCE, current market conditions, historical pricing, and technical expertise. A fair and reasonable price determination will be made prior to award.

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 BrennSys Technology, LLC. has been determined to be a responsible source with respect to performance. They are registered and verified in VetBiz.gov as a SDVOSB with the NAICS code 541430 Graphic Design Services 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 BrennSys Technology, LLC, 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 BrennSys Technology, LLC, 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. 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 United States.

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

BrennSys Technology, LLC 41737 McMonagle Square Aldie, VA 20105

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 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.

/9/21 Thomas Wilson Date Management Analyst Veterans Experience Office

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.

Digitally signed by David S. Rupert 112363 Date: 2021.09.09 08:05:37 -04'00'

David Rupert 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 entitled, “Authorized or required by statue: 38 U.S. Code 8127(c).

Efrain J Fernandez 103610

Digitally signed by Efrain J Fernandez 103610 Date: 2021.09.09 08:40:20 -04'00'

Efrain Fernandez Date Competition Advocate Strategic Acquisition Center (SAC)

David S. Rupert 112363