JA SDVOSB Sole Source -COVID-19 Cleaning.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), Office of Information Technology (OI&T), IT Resource Management (ITRM).

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

This activity proposes to negotiate a non-competitive award (sole-source) with Ideas That Work, LLC. (a Service-Disabled Veteran-Owned Small Business), for the procurement of expanded cleaning and disinfection services for COVID-19 exposure to the federally owned/leased facility located at Quantico, VA. The estimated value for this acquisition is $62,000.00, and the period of Performance is a 12 month base period, with no option periods.

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

This contract is to provide expanded cleaning and disinfection services for COVID-19 exposure:

VA Office of Information Technology (OIT), IT Resource Management (ITRM) provides for the physical safety and security of 34 OIT office and warehouse facilities encompassing over 700,000 square feet of space housing 3,950 employees and contractors. These facilities support VA OIT’s mission of being a world-class organization that provides a seamless, unified Veteran experience through the delivery of state-of-the-art technology. In response to the recent novel coronavirus (COVID-19) pandemic and current guidance from the Centers for Disease Control and Prevention (CDC), ITRM has a requirement to procure expanded cleaning and disinfection services for OIT locations that are contaminated due to a COVID-19 event.

The Contractor shall provide expanded cleaning and disinfection services to the federally owned/leased facility located at 5101, 5105, and 5107 Russell Rd Quantico, VA. The performance work statement (PWS) will provide for additional iterations of cleaning and disinfection that exceed current procedures provided for under existing lease requirements. The contractor will provide all required labor and materials costs to

Strategic Acquisition Center (SAC) meet the requirements of the PWS. Travel expenses will not be authorized under this contract.

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.

Ideas That Work, LLC. is Vendor Information Pages (VIP) registered and a verified SDVOSB who, as a responsible source, has successfully performed requirements of similar scope and complexity for the Department of Veterans Affairs. Ideas That Work, LLC. is also the incumbent contract holder for VA’s current AITC, CRRC and HITC cleaning contract (36C10X18C0058).

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 $62,000.00 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 Beta.Sam.gov.

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

Ideas That Work, LLC. is a registered and verified Service-Disabled Veteran- Owned Small Business (SDVOSB). Ideas That Work, LLC. is performing the current cleaning support for the Austin Information Technology Center (AITC), Capital Region Readiness Center (CRRC), and Hines Information Technology Center (HITC), and are familiar with the tasks for this effort. Through market 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) research there were no SDVOSB vendors found who can supply the required cleaning services (see Market Research Worksheet in the eCMS briefcase tagged P02). There is one capable SDVOSB vendor who can provide the service, and therefore a sole source will be issued using the authority FAR 6.302- 5 -- Authorized or required by statute.

COVID-19 is a national pandemic, and there are currently no cleaning and disinfecting services at the VA space in Quantico, VA. Failure to sole source to Ideas That Work, LLC. will prevent OI&T from having the cleaning and disinfecting support that is required, and effectively keep VA employees healthy and safe.

(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

The current cleaning contract mentioned above was made to Ideas That Work, LLC. using competitive procedures with pricing that was found acceptable at time of award. Ideas That Work, LLC. proposed pricing will be verified using the IGCE, the pricing from the previous order, and 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 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 not be publicized per FAR 5.202 (a)(4).

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.

Strategic Acquisition Center (SAC)

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 Ideas That Work, LLC. 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 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 Ideas That Work, 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 Ideas That Work, 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.

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

Ideas That Work, LLC. 3330 Sunrise Trail, Port Charlotte, FL 33952

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.

Strategic Acquisition Center (SAC)

12. Certifications / Signatures.

Technical Representative Certification:

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

Angela Childs Date Facility Project Manager Office of Information and Technology

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.

Tara Flores Date Contracting Officer Strategic Acquisition Center- Frederick (SAC-F)

09/02/2020