JA_PharmTech Conversion Services-CnA CO Signed 082420.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), on behalf of the Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Employee Education System (EES).

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

This activity proposes to negotiate a non-competitive award (sole-source) with Coley & Associates, Inc, a Service-Disabled Veteran-Owned Small Business), for the procurement of services to convert 24 Pharmacy Technician eLearning courses containing Flash content to HTML5 content that is Section 508 compliant and fully operational on the VA Talent Management System (TMS), VA’s Learning Management System. The estimated value of this Firm-Fixed Price contract is $132,000.00 and the period of performance would be a base year with no option years.

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

The Department of Veterans Affairs (VA) Employee Education System (EES) exists to develop learning solutions for VA employees. Within EES, the eLearning Division has numerous items that are hosted on the VA Talent Management System (TMS) and VHA TRAIN. Many of these items currently contain Flash. After Dec 31, 2020, the VA systems and web browsers will no longer support Flash. As such, 24 courses in the Pharmacy Technician Training Curriculum must be converted to HTML5 so accredited, CLU earning training for VHA Pharmacy Technicians is not interrupted for VA employees.

The Contractor shall develop 24 Pharmacy Technician WBT courses converting all flash elements to HTML5 using the myInstruo® development suite with its Scolasta Template described below. The Contractor shall develop fully functional WBT courses that are VA 508 certified for posting on the VA TMS and/or VHA TRAIN. All WBT courses will replicate the animations and features of the original versions exactly and where practicable. After full functionality is validated the Contractor shall transfer all necessary source files to EES eLearning Division.

Strategic Acquisition Center (SAC)

EES will provide access to the existing courses residing on the VA Talent Management System (TMS) and/or the VHA TRAIN as required. The EES eLearning Division Project Team will transfer to the Contractor all available source files.

The EES eLearning Division uses a development system called “myInstruo®” (developed for VA/proprietary to Instructus Media, LTD - http://www.myinstruo.com/).

The myInstruo system resides outside of the VA firewall, so access will be granted. The myInstruo system is a comprehensive online suite of applications, tools, and resources designed to help build instructional eLearning products, including an editor similar to Lectora’s® authoring system. The myInstruo® development suite also contains the following:

1. Storage and display for eLearning items in all phases of development to include a sandbox for prototyping item for development

2. Storyboard design system

3. Item review system

4. Development tools to facilitate page design

5. Live support, online development tutorials and help files

6. A downloadable, editable, VA Section 508 compliant template (Scolasta)

7. SCORM packager with output that functions accurately on the VA Talent Management System for thousands of end users

The myInstruo® system’s Scolasta Template is exportable to any computer in or outside of the VA firewall. Content must be developed using Visual Studio Code. The Scolasta template requires a myInstruo® user ID and password (to be provided). A VA eLearning Producer (eLP) will provide a customized Scolasta template with the look and feel of the course already approved by Pharmacy Technician Subject Matter Experts (SMEs) that shall be used for the entire curriculum. This customized Pharmacy Tech Scolasta template can be developed locally using Visual Studio Code and then uploaded into the myInstruo® system and is specifically designed with VA Section 508 Office compliance standards built in, reducing the time to achieve Section 508 certification. EES eLearning Division has built and delivered over 800 items with this system. Due to the nature of the content, course updates are required to keep the material relevant. To facilitate future course updates by EES eLearning Division production teams, the Contractor shall use the myInstruo® Scolasta Template to replicate courses and convert all embedded FLASH elements and functionality to HTML5.

All converted courses developed in the myInstruo® Scolasta template must pass a functional user test by the VA eLearning Producer (eLP), be certified Section 508 compliant by the VA Section 508 Office, SCORM wrapped (using the SCORM 1.2 specification), VA iContent tested, accessible and live on the VA TMS; and all http://www.myinstruo.com/

Strategic Acquisition Center (SAC) associated source files transferred to the EES eLearning item repository no later than 31 December 2020.

The item type will be firm fixed price contract with an estimated cost of approximately $132,000.00.

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.

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 $132,000.00 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 FBO.

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and Coley & Associates, Inc is a registered and verified Service-Disabled Veteran-Owned Small Business (SDVOSB).

Coley & Associates, Inc has developed eLearning courses in the past under contract to the VHA Employee Education System’s eLearning Division. They performed professionally and flawlessly, providing great value and exceptional customer service in supporting eLearning Division’s products and services.

Additionally, they demonstrated first-hand knowledge of their experience and expertise with Section 508 Compliance and VA TMS functionality.

A sole source to Coley & Associates, Inc will allow eLearning Division to provide a timely conversion of the Pharmacy Technician Curriculum eLearning courses that are required to meet the requirements of providing certification training for 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)

VHA Pharmacy Technician employees, and delivery of continuous learning points (CLPs) for maintaining certification and effectively respond to Veteran’s needs.

(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 Coley & Associates, Inc is a SDVOSB which has the ability to provide the Department of Veterans Affairs quality products and services at a fair and reasonable price and has 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.

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.

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 Coley & Associates, Inc 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 which in accordance with Public Law 109-461 Section 502(c) meets the requirements of this

Strategic Acquisition Center (SAC) statute to sole source to a SDVOSB. In addition, their current services meet and exceeds government requirements and government reviewed their VIP verification verifying that they are an SDVOSB.

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.

Name: Coley & Associates, Inc Address: 140 Heimer Road, Suite 400, San Antonio, Texas 78232

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.

Kenneth W. Andrews Date Program Manager EES eLearning Division

Strategic Acquisition Center (SAC)

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.

Carey M. Kauzlarich Date Contracting Officer Strategic Acquisition Center- Frederick (SAC-F)