JA_Trilogy_Final CO Signed.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

FAR Subpart 6.302-5 – Authorized or required by statute

1. Contracting Activity:

Department of Veterans Affairs (VA) Office of Procurement Acquisition and Logistics Strategic Acquisition Center 5202 Presidents Court, Suite 103 Frederick, MD 21703

2. Description of Action:

The Department of Veterans Affairs (VA), Employee Education System (EES), EES eLearning Health Benefits Advisor (HBA) Curriculum Instructional Design Services requires a complete course refresh service for a period NTE one calendar year after contract award date.

A sole source award to an SDVOSB is anticipated.

Trilogy Federal, LLC 1100 Wilson Blvd. Ste. 1100 Arlington, VA 22209 Phone: 703-283-4426

3. Description of Supplies or Services:

Contract for Instructional Systems Design to be provided by one senior level instructional designer with advanced skills in determining training content and outcomes-based data driven collaboration with Government Subject Matter Experts (SME) and eLearning project team experts consisting of EES Project Manager, eLearning Producers and support staff. The instructional designer will be experienced in developing evidence-based, innovative, engaging, interactive and performance outcome-based learning products deployed through the use of various delivery modalities/platforms.

EES program context: The goal is for one expert level Instructional Designer that shall apply the proper strategies to resulting in visually, textually, experientially and VA 508 compliant learning products for the VHA HBA target audience.

EES requires its existing Health Benefits Advisor (HBA) course material to be updated, reorganized, and refreshed. Current HBA course contains 16 separate learning modules. The contracted expert level Instructional Designer will update, streamline, and create a more engaging and interactive curriculum on 14 of the 16 modules. The 14 modules contain ~20 hours of learner course content. ** Two modules are currently being refreshed/updated (modules #1 and #2) and will not require any contract assistance. ** Expert ID will review and refresh the HBA curriculum that enables learner centric and an interactive instructional product and experience that meet measurable learner outcomes.

The Contractor shall use the first three phases of the Analysis, Design, Development, Implementation, and Evaluation (A.D.D.I.E) instructional design model and Adult Learning Theory to complete this tasks and deliverables.

EES anticipates award of a firm fixed price contract, with twelve-month base as follows:

Base: June 1, 2021 – May 31, 2022

EES anticipates that the requested services will be required for one year. EES requires its existing HBA course material to be updated, reorganized, and refreshed. The contracted expert level Instructional Designer will update, streamline, and create a more engaging and interactive curriculum on 14 of the 16 modules.

The total estimated cost of the proposed action is $100,000.00.

4. Statutory Authority:

The statutory authority permitting other than full and open competition for this procurement 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. Rationale Supporting Use of Authority Cited Above:

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 verify:

(1) The anticipated award price of the contract (including options) will not exceed $5 million;

the estimated value of the proposed action is $100,000.00, which 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);

The JA& will be posted on FBO; and

(3) The SDVOSB concern has been determined to be responsible with respect to performance.

Trilogy Federal, LLC has been verified by VIP as owned and controlled by a service-disabled veteran. Trilogy Federal, LLC provides the instructional design services required under this Performance Work Statement. Further, Trilogy’s proven success to inform decision-making of key stakeholders responsible for the review, reorganization, and refresh of virtual education training in support of the current HBA curriculum. Through its emphasis on micro and curated learning, Trilogy utilizes various formats to meet specific learner needs, allowing for greater user flexibility and accessibility. Trilogy is also registered in the System for Award Management (SAM) as a small business under the applicable North American Industry Classification System (NAICS) code 611710.

(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 United States. The VA possesses ample historical pricing information that can be used to determine whether the proposed price is fair and reasonable and, depending on the contracting officer’s analysis of the proposed price, to further negotiate the proposed price. Because Trilogy has already competed for and been awarded a contract with the VA for similar services, it is likely that it will again be able to submit an offer providing best value to the United States.

Most importantly, the contracting officer will not award a contract without first determining that the proposed price is fair and reasonable, and the offer represents best value.

6. Efforts to Obtain Competition:

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 of the proposed action will be synopsized via the Government Point of Entry (GPE) in accordance with FAR Section 5.201, and the agency will make publicly available the justification required by 6.305(a) within 14 days after contract award.

7. Anticipation of Fair and Reasonable Cost:

No award shall be made until the Contracting Officer determines the costs to the Government to be fair and reasonable. This determination may be based on the historical pricing data agreed to in one or more VA contracts for the same or similar services.

Additionally, this is a commercially available service with published pricing on the GSA Professional Services Schedule. The Contracting Officer will review published pricing and conduct a price reasonableness analysis prior to award to ensure fair and reasonable pricing.

8. Market Research:

Market research was conducted, and Trilogy 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 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 Trilogy has no exclusions.

In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for Trilogy 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. Other Facts:

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.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/06.htm#P270_38161

10. Interested Sources:

Trilogy Federal, LLC 1100 Wilson Blvd. Ste. 1100 Arlington, VA 22209 Phone: 703-283-4426

11. Barriers to Competition:

The VA recognizes that there are other vendors available to meet the needs of EES. Market research will continue to be conducted to determine if competition is in the best interest of the Government for future requirements.

12. Certifications:

Technical and Requirements Certification: I certify that the information provided which forms the basis for this justification are complete and accurate.

Name and Signature:

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

Contracting Officer Name Signature: