JA Redacted.pdf

Control Number: VA-21-00030586

JUSTIFICATION

FOR AN EXCEPTION TO FAIR OPPORTUNITY

1. Contracting Activity: Department of Veterans Affairs

Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

2. Description of Action: The proposed action is for a Firm-Fixed Price (FFP) Modification to Contract Number HHSN316201200067W, Task Order (TO) 36C10B20F0247 with Longview International Technology Solutions (LTS), Inc. to continue communication support for the Department of Veterans Affairs (VA), Office of Information Technology (OlT), Information Technology Strategic Communications (ITSC) program.

3. Description of the Supplies or Services: The proposed action is for continued ITSC support services which provides resources necessary to develop and implement a variety of information technology (IT) related communication strategies to a multitude of Federal and community organizations, Veterans and their families and friends, and policymakers that support the Veteran community. OIT requires these services to ensure there is consistent and coherent messaging across all VA stakeholders, particularly during the Corona Virus Disease 2019 (COVID-19) pandemic and OIT’s support to VA’s COVID-19 vaccine distribution to all Veterans and employees eligible for care, as well as to selected populations eligible for the vaccination through VA’s Fourth Mission. The COVID-19 crisis has caused an increase in the operational tempo of the ITSC program and this tempo is expected to remain at a high level throughout 2021. Additionally, the change in Presidential Administration will generate a turnover of political appointees, including the Assistant Secretary for IT and Chief Information Officer (CIO), resulting in increased communication needs between VA and OIT leadership as new appointees come into office. The Contractor shall continue to provide communication support to ITSC which is responsible for engagement with employees, business partners, oversight bodies, and media, and is accountable for the delivery of all products associated with that engagement on a daily, weekly, monthly, and even ad hoc basis. This engagement includes synchronized, accurate, and consistent messaging and communications support across the above-mentioned audiences and channels. The Contractor is responsible for assisting ITSC in reaching and communicating with over 9 million Veterans receiving care and benefits, over 1200 Veterans Health Administration (VHA) staff at healthcare facilities across the United States, multiple oversight bodies and Federal Government partners, and approximately 16,000 OIT staff. The period of performance for the proposed Bridge effort shall consist of one 3-month base period. The total estimated value of the proposed action is $ .

4. Statutory Authority: The statutory authority permitting this exception to fair opportunity is Section 41 U.S.C. 4106(c)(2), as implemented by Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(B) entitled, "Only one awardee is capable of

IT Strategic Communication Bridge VA-21-00030586 providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.”

5. Rationale Supporting Use of Authority Cited Above: The proposed source is

LTS,11950 Democracy Drive, Suite 275, Reston, Virginia. The original TO was awarded to LTS as a result of a FFP competitive action under the CIO-SP3 contract vehicle, which expired on August 1, 2020. VA awarded a bridge contract to LTS on July 22, 2020. VA is in the process of soliciting a long-term competitive contract for the ITSC support services. VA posted the solicitation on Contracting Opportunities/beta.sam on December 15, 2020 as a Service-Disabled, Veteran- Owned Small Business set-aside, with proposals submitted to VA on January 8, 2021. On January 8, 2021, VA received a Solicitation Protest; a vendor that submitted a proposal in response to the ITSC solicitation filed the protest with the Government Accountability Office (GAO) on January 7, 2021. Per GAO rules for bid protests, VA must respond within 30 days of notification, and GAO has 100 calendar days from the date of the protest filing to make a decision. Additionally, VA has accounted for the 10 day request for reconsideration period as VA shall not make an award for the subject solicitation until GAO adjudicates the bid protest. The due date for GAO’s decision is April 19, 2021, and the date on which the 10 day request for reconsideration period concludes is April 29, 2021 which extends beyond the expiration of the current contract on February 1, 2021. Thus, VA requires a bridge contract to prevent a lapse in service.

The ITSC group is the only strategic communication voice for OIT, and it achieves this through a team of approximately 25 percent Government staff and 75 percent Contractor staff, comprised of all LTS or subcontractor employees. Through its contract support, which OIT has had in place for approximately five consecutive years, ITSC produces thousands of pieces of communication products each year and has its own business operations in place to train each team member. During a time of crisis response, the small Government staff relies heavily on not having to instruct Contractor support on every step of producing communication products, vetting them with the appropriate subject matter experts (SMEs), getting appropriate leadership approval, socializing products with impacted stakeholders, and getting products posted to the right places at the right times. The Government staff are currently heavily taxed by daily COVID-19 briefings, coordination meetings, and special requirements. Key Government staff on the communication team are working beyond normal business hours to keep up with the added workload of COVID-19 operations, the SolarWinds cybersecurity review, and the upcoming Presidential Transition.

Furthermore, OIT’s Assistant Secretary and CIO is responsible for providing mission critical support to over 330,000 VA employees and over 9 million Veterans who currently receive care and benefits through VA. OIT ITSC works directly in support of the CIO and each of the key leaders. The current crisis environment requires an elevated need for synchronized and well-aligned communication across all OIT organizations and partners; accurate, consistent information released to the right audience at the right time is critical to supporting a fast-moving operational environment. Achieving this synchronization requires a great deal of coordination and collaboration, which is facilitated by existing relationships and familiarity with staff throughout VA and OIT organizations that a new Contractor would not possess at time of award. These areas of communication are of high visibility during the pandemic response and would be negatively impacted by introducing a new Contractor.

VA anticipates that any source other than LTS would require at least 3 to 6 months to seamlessly transition and to perform the required communication services at the same level as LTS. Specifically, the background investigations, on the job training, and overcoming a steep learning curve would prevent any Contractor, other than LTS, to provide synchronized, professional strategic communication services to the largest Federal IT workforce in the US, which is currently engaged in the largest IT modernization effort, and most comprehensive crisis response operation in its history. During the 3 to 6-month transition and training period, effective and consistent strategic communications support would be severely compromised, resulting in mission failure under the circumstances presented by the protest.

For these reasons, OIT’s mission-critical strategic communication activities would come to a near work stoppage without its incumbent contract support, severely negatively impacting OIT’s ability to coordinate and synchronize necessary information in support of every VA business line that provides care and services to Veterans during the COVID-19 pandemic and vaccine distribution operations.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the Section 8 of this document. This effort did not yield any additional sources that can meet the Government’s requirements during the required PoP until the GAO decision is rendered. There is no competition anticipated for this acquisition. In accordance with FAR 5.301 and 16.505(b)(2)(ii)(D), the award notice for this action will be synopsized on the Contract Opportunities/beta.SAM.gov site and the justification will be made publicly available within 14 days of award.

7. Actions to Increase Competition: There will be no barriers to future competition.

The follow-on effort is being pursued on a competitive basis and the ongoing solicitation will resume immediately upon GAO decision of the protest.

8. Market Research: The Government’s SMEs conducted market research in order to ascertain the ability of other sources meeting VA’s need by releasing an RFI on GSA and beta.SAM.gov on August 25, 2020. The RFI and Draft PWS included a detailed description of the requirement and requested that interested parties provide their respective capabilities to perform the strategic communications support services.

On September 8, 2020 the RFI closed and the Government received 36 responses.

Although ten of the responses were deemed capable by the Government’s SME’s, including the incumbent Contractor, LTS, only LTS is capable of meeting the Government’s need for a Bridge effort to provide consistent and accurate strategic communication during the required PoP until GAO makes its decision regarding the protest.

9. Other Facts: None

10. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Kimiko Sullins Date:

Operations Lead, ITSC Signature:

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on comparing the Offeror’s proposed rates to the rates currently on its CIO-SP3 GWAC contract.

Heather Utt Date:

Procuring Contracting Officer Signature:

12. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Heather Utt Date:

Procuring Contracting Officer Signature:

Approval

In my role as procuring activity Advocate for Competition, based on the foregoing justification, I hereby approve the acquisition of IT Strategic Communication Bridge on an other than fair opportunity basis pursuant to the authority cited in Section 4 above, subject to availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Date: Signature:

Philip Weckesser Advocate for Competition Technology Acquisition Center

Office of Procurement, Acquisition, and Logistics