JA SDVOSB Sole Source - WTS - CO SIGNED.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), Hines Information Technology Center (HITC).

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

This activity proposes to negotiate a non-competitive, sole-source award, with Water Treatment Services, Inc. (WTS), a Service-Disabled Veteran-Owned Small Business (SDVOSB), for the procurement of repair and upgrade of five (5) vehicular gates and two (2) pedestrian gates at the HITC in Hines, IL.

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

This purchase order is to provide gate repair services for the HITC:

The VA OI&T HITC Building 215 requires the repair and upgrade of five (5) vehicular gates and two (2) pedestrian gates. The gate operations pose a significant part of HITC perimeter security. Because of this, all-maintenance activities must be closely supervised by certified experienced contractor personnel. The contractor’s personnel must be closely supervised by an accredited Continuing Professional Development (CPD) person, certified in Physical Perimeter Security. The contractor employee personnel will also coordinate with, and be and accompanied by, a Government representative from the HITC Security staff personnel.

The estimated value for this acquisition is $150,199.20, and the period of Performance is a 5-month base period, with no option periods.

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-

Strategic Acquisition Center (SAC)

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.

WTS 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 VA. WTS is also the incumbent contract holder for VA’s current HITC Physical Access Control System (PACS) maintenance contract (VA119A-17-P-0380).

This contract is for PACS maintenance only (no repair work). The proposed scope of work for this requirement is the actual repair of the pedestrian and vehicular gates.

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 $150,199.20 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

WTS is a registered and verified SDVOSB. WTS is performing the current PACS maintenance for HITC, and is familiar with the tasks for this effort. Through market research there were no SDVOSB vendors found who can provide the required gate repair 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. WTS has experience with the PACS maintenance, investigation, and understanding of the issues facing these systems, and can provide the required repairs.

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)

(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 PACS maintenance contract mentioned above was made to WTS using competitive procedures with pricing that was found acceptable at time of award. WTS’ proposed pricing will be verified using the Independent Government Cost Estimate (IGCE), the pricing from the previous contract, 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 ole 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.”

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 IGCE.

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 WTS 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 (NAICS 561210), 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 WTS 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 WTS that would indicate

Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103

Frederick, MD 21703 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.

Water Treatment Services, Inc.

DBA First Defense Operations Management 203 Townsend Drive Monroeville, PA 15146

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.

Patrick Hooper, Date

OI&T Security Specialist Office of Information and Technology

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.

Justin Cole Date Contracting Officer Strategic Acquisition Center- Frederick (SAC-F)