JA redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC) 5202 Presidents Court, Suite 103

Frederick, MD 21703

Justification and Approval for Other than Full and Open Competition

FAR 6.302-2 Unusual and Compelling Urgency

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 Experience Office (VEO), Multi- Channel Technologies (MCT).

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 TechWerks, LLC, a Service-Disabled Veteran-Owned Small Business (SDVOSB) under urgent and compelling conditions, for the procurement of Customer Relationship Management (CRM) training support services to further develop and implement training solutions for developing web-based training, learning assessment, and various support activities.

3. A description of the supplies or services required to meet the agency’s needs.

The purpose of this contract is to assist the Multi-Channel Technologies (MCT) to develop and implement comprehensive technical, web-based training (WBT) training modules for VA call center personnel. This Contract is in direct support of the CRM and associated initiatives. It is expected that industry standards and best practices for instructional design and virtual learning, such as Human Centered Design methodology, will be used to identify and develop the web-based training strategy and products. The estimated total value for this acquisition is $2,290,564.00 and the period of Performance of 12-months from date of award.

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)(2) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-2 entitled, “Unusual and Compelling Urgency.”

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

Strategic Acquisition Center (SAC)

This action is for a continuation of the efforts of a prior contract listed below. The contractor worked on the previous order and is familiar with the tasks for this effort. VEO requires TechWerks to continue the current support in order to meet the next milestone scheduled next month and then to continue with implementation. Switching to another contractor would require ramp up time and a learning curve. Thus, the cost to procure support services from another contractor would be cost prohibitive. Failure to sole source to TechWerks will prevent VEO from having the support that is required to meet the priorities and goals of VBA and effectively respond to Veteran’s needs.

Contract 36C10X20C0015 was issued on 01/30/2020 with a period of performance of 02/01/2020 to 11/29/2020. The contracting officer has determined that the continuation of these services constitute an urgent and compelling need and that delay in award of a new competitive contract action would result in serious injury to the government. This determination was made based upon the fact that the current contractor, TechWerks, LLC, is supporting the Veterans Experience Office in the execution of Contact Center Modernization (CCM) Training.

The use of the cited authority will not exceed the time necessary and will allow the agency time to conduct a competitive acquisition.

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.

In accordance with FAR Subpart 5.202(a)(2), this action will be not publicized as the contracting officer has determined that the government would be seriously injured if the agency complies with the time periods specified in FAR Subpart 5.203.

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 TechWerks, LLC. has been determined to be a responsible source with respect to performance. They are the current contractor in support of this training and have the knowledge and expertise that anther company

Strategic Acquisition Center (SAC) would require ramp up and in-depth information to continue supporting the government’s requirement. Due to current COVID climate and the shift to a virtual workforce, it is of urgent and compelling nature that this requirement be continued so the government maintains continuous support. This program has historically added more projects and deployments to its backlog, so the effort shifts from one project to another, but remains in scope. A review of their Representations and Certifications was conducted in the System for Award Management (SAM) and TechWerks, LLC.

represented that they are an eligible for all awards.

In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for TechWerks, 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 FAR 6.302-2 the estimated cost is $2,290,564.00 and the program office mission activity would suffer without this continuity of service.

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

TechWerks, LLC 626 West Sigwalt Street Arlington Heights, IL 60005

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.

This sole-source action is required to provide the government sufficient time to execute a competitive contract action for these mission critical services.

12. Certifications / Signatures.

Technical Representative Certification:

Strategic Acquisition Center (SAC)

I certify that the foregoing justification is complete and accurate to the best of my knowledge and belief.

Martinez, Edgardo Date Senior Management Analysis, Multi-Channel Technology

Contracting Officer Certification:

Pursuant to (FAR 6.302-2(b)(1)), I certify that this justification is accurate and complete to the best of my knowledge and belief.

Melissa Maloy Date Contracting Officer Strategic Acquisition Center (SAC)

Competition Advocate Approval:

In my roles as Competition Advocate for the procuring activity, based on the forgoing justification, I hereby approve this Justification and Approval, on an other-than full and open competition basis pursuant to the statutory authority cited in paragraph 4 above, subject to the availability of funds, and provided that the items herein described have otherwise been authorized for acquisition.

Donald J. Jones Date Competition Advocate Competition Advocate Strategic Acquisition Center (SAC)

10/29/2020

Tracking Number FY21 - 0005

Edgardo Martinez 110517

Digitally signed by Edgardo Martinez 110517 Date: 2020.10.29 11:58:17 -05'00'

Melissa A. Maloy 106060

Digitally signed by Melissa A.

Maloy 106060 Date: 2020.10.29 13:06:54 -04'00'

Donald J.

Jones 926524

Digitally signed by Donald J. Jones 926524 Date: 2020.10.29 13:38:23 -04'00'