JA SDVOSB Sole Source - TekFive_SIGNED_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center- Frederick

5202 Presidents Court, 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), Board of Veterans Appeals (BVA), and Veterans Benefits Administration (VBA).

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

This activity proposes to negotiate a non-competitive, open market, FAR Part 13, Blanket Purchase Agreement (BPA) award (sole-source) with TekFive, a Service- Disabled Veteran-Owned Small Business (SDVOSB), for the procurement of the delivery of helpdesk support providing a number of helpdesk services, including virtual tele-hearing, tele-counseling, and video conferencing. The estimated value for this acquisition is $4.5M and the period of performance is a base year with four (4) option years.

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

This effort is for continued helpdesk support to provide services to ensure Veterans have the support necessary should there be a technical need during a telehealth, telephone, or tele-video meeting. The BPA will allow overarching helpdesk support for Veterans, and each order will provide specific details of what support is required to meet the Program office need.

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(a)(2)(i) 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).

Strategic Acquisition Center- Frederick

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 not to exceed value is $4.5M 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 the Governmentwide Point of Entry, Contract Opportunities, after award.

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

TekFive is a registered and verified Service-Disabled Veteran-Owned Small Business (SDVOSB). TekFive performed the requirements as the subcontractor the previous order number: VA119-15-A-0131 and is familiar with the tasks for this effort. VA distributed three order PWS’, which will be awarded immediately following the BPA award, to Tekfive whom confirmed they are capable and willing to fulfill program’s need. VA requires TekFive to continue the current support in order to ensure continued helpdesk support to our Veterans. The current support Task Order #VA11915A0131 36C10D20F0006 ends on September 2021, and while a new contract vehicle was awarded by the VA for telehealth support, the new vehicle will only allow the use of federal appropriations designated as Veteran health-related funding (i.e., Medical Funds). VBA does not use medical funds, as such, they are not allowed to place orders under the new vehicle for telehealth services to include Help Desk Support. Therefore, it is essential that this J&A be approved, since a lapse in service would greatly affect Veterans requiring helpdesk support with their telehealth services.

(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 previous award was made as an order under a competitively awarded Blanket Purchase Agreement. The proposed rates will be verified using the

Strategic Acquisition Center- Frederick

IGCE, the rates 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 § 819.7007Sole source awards to a verified 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. (c) A determination that only one SDVOSB concern is available to meet the requirement is not required.”

An exception applies to Subpart 5.202, in accordance with Statute. 5.202 (4) Exceptions sates: The proposed contract action is expressly authorized or required by a statute to be made through another Government agency, including acquisitions from the Small Business Administration (SBA) using the authority of section 8(a) of the Small Business Act (but see 5.205(f)), or from a specific source such as a workshop for the blind under the rules of the Committee for Purchase from People Who Are Blind or Severely Disabled;

7. A description of the market research conducted (see Part 9) and the results or a statement of the reason market research was not conducted.

Market research was conducted and TekFive has been determined to be a responsible source with respect to performance. They are registered and certified in VetBiz.gov as an SDVOSB with the NAICS code number 541611for 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 TekFive 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 TekFive 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.

8. 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

Strategic Acquisition Center- Frederick 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.

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

TekFive, Inc.

600 Boulevard S. SW, Suite 104 Huntsville, AL 358502

10. 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.

11. Certifications / Signatures.

Technical Representative Certification:

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

Date

Instructional Systems Specialist/Project Manager VHA Employee Education System

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.

Strategic Acquisition Center- Frederick

Date

Contracting Officer Strategic Acquisition Center- Frederick (SAC-F)

Competition Advocate Approval:

Competition Advocate 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 38 U.S. Code 8127(c).

Date

Competition Advocate Director, Strategic Acquisition Center -Frederick (SAC-F)