JOFOC_LETC Classroom Space and Meals_ 5-18-2021.pdf

JOFOC- FAR 6.302-2 Unusual and Compelling Urgency| VA LETC Conference Space and Meals

Source Selection Information (See FAR 2.101 and 3.104)

Justification and Approval for Other than Full and Open Competition In accordance with 41 U.S. Code § 3304 - Use of noncompetitive procedures, as implemented by

FAR 6.302-2 Unusual and Compelling Urgency

1. Contracting Activity: This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Department of Veterans Affairs, Office of Procurement, Acquisition and Logistics, Strategic Acquisition Center – Frederick on behalf of the Department of Veterans Affairs (VA) Law Enforcement Training Center (LETC).

2. Nature and/or Description of the Action Being Approved: This activity proposes to negotiate a non-competitive, firm-fixed price contract, on an Unusual and Compelling basis, with HILR Partners LLC to provide classroom space and daily meals for students attending training at the VA LETC staying at the Holiday Inn Presidential Downtown and the Comfort Inn & Suites Little Rock I-30.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: The proposed action is to provide daily meals (breakfast, lunch and evening meals) and conference/classroom space for students attending training with the VA LETC that requires training to be at an offsite location. Students attending training at an offsite location are required to eat at the designated dining facility during their training period.

VA LETC provides specialized training for all VA Law Enforcement Police Officers. The agency also provides specialized training for Air Force Security Officers, and by special request, police officers in other governmental agencies. The VA LETC has the need for classroom space and meals due to the implementation of reconstitution plans. Additional space and meals are required due to the backlog of officers that require training and recertification. Tuition for VA LETC courses includes meals and lodging.

The contractor will provide conference training space and meals within walking distance of the two hotels currently in use. One hotel can provide restaurant food services that can provide breakfast, lunch and evening meals for up to 190 students. Each hotel can provide conference space for classroom training. Classes will be held during the week- Monday through Sunday from 8:00am to 4:30pm.

Student lunches will be served from 11:00am-12:30pm and evening meals will be served from 5:00pm- 7:00pm.

The proposed period of performance for this action is a six (6) months Base Period. The total estimated value of the proposed action is $407,347.00

4. Statutory Authority Permitting Other than Full and Open Competition: The statutory authority permitting other than full and open competition is 41 U.S.C. Code § 3304 - Use of noncompetitive procedures, as implemented by 6.302-2 Unusual and compelling urgency.

This procurement will be in accordance with FAR Subpart 13.5 – Simplified Procedures for Certain Commercial Items, specifically FAR Subsection 13.501(a)(1), where acquisitions conducted under simplified acquisition procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format at FAR Subsection 6.303-2, modified to reflect that the procedures in FAR Subpart 13.5 were used in accordance with 41 U.S.C. 1901.

In accordance with FAR Subsection 13.106-1(b)(2), for purchases exceeding the simplified acquisition threshold, the requirements at FAR Subsection 13.501(a) apply to sole-source acquisitions of commercial items conducted pursuant to Subpart 13.5.

Demonstration of Contractor’s Unique Qualifications: The Department of Veterans Affairs (VA), VA Law Enforcement Training Center has a requirement for a vendor to provide management services, including labor, materials, insurance, licenses, and equipment required, for classroom space and meals for up to 190 students. The vendor shall provide classroom space and daily lunch and evening meals to VA-LETC students staying at the Holiday Inn Presidential Downtown and the Comfort Inn & Suites Little Rock I-30 (both hotels in very close proximity to each other off Interstate 30, Little Rock, AR). The classroom space and proposed meals location shall be within one or both of these hotels or within short walking distance (three blocks from farthest hotel).

Due to COVID 19, VHA has restricted training at the VA LETC campus. Per guidance and recommendations from VHA, lodging and training must happen at a centralized off-site to prevent exposure and transmission of the virus. A single case of COVID-19 would require all students of the infected class to be quarantined. A previous competitive acquisition and resulting award has the students lodged at the aforementioned hotels. Transporting students to separate venues is impractical and introduces risk to student health and safety since they cannot adhere to social distancing guidelines without an excessive number of shuttle busses that are not readily available. Additionally, logistics of transporting students to from meals venue and classroom venue would add unacceptable transportation time to the student’s already extensive training day. Market research results have shown that HILR Partners, LLC is the only Small Business that can provide these services at a fair and reasonable price that meets the program needs.

On 3/05/2021, the Contracting Officer communicated through Beta.Sam.Gov the Government’s intent to award a Sole-Source Contract to HIRL Partners. This action was protested before the U.S Government Accountability Office (GAO) by Brian Hall Properties (BHP), LLC on 3/11/2021. The protestor contended that the VA lacked a valid justification to award a sole-source contract. On 4/14/2021, GAO dismissed BHP protest made academic by VA notice corrective action.

The corrective action plan consists of the following:

•Cease action to award a sole-source contract, •Conduct market research for a competitive solution.

While VA LETC is working on finding a permanent solution to this issue, the agency remains bound by its obligation to provide classroom space and meals services to the students attending training at the offsite lodging location. To that end, VA LETC needs a temporary solution. To ensure mission accomplishment of training and feeding the cadets, VA LETC will issue a sole award contract to HILR Partners on an unusual and compelling urgency basis for a period of six months while the competitive acquisition is being worked.

This non-competitive action is authorized by 41 U.S. Code § 3304(a)(2), whereby “An executive agency may use procedures other than competitive procedures when--the executive agency's need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals.

Currently, the government is making payments for classroom space and meals for students attending training at offsite location using Purchase Card, which is not a recommended method of payments for such acquisition. The use of credit card as a form of payment on a continual basis is unsustainable. The need to find a more appropriate solution to allow VA LETC to meet its contractual obligations is so urgent that any delay in award of a contract would result in serious injury to the Government.

Specifically, law enforcement trainees would not be able to attend classes and get meals as planned which has a direct financial impact on the VA LETC, whose franchise fund is supported through student tuition. Additionally, missing out on training potentially impacts the ability of these VA Law Enforcement Officers to provide the safety and security services throughout the country. There is no time for a full and open competition (or even limiting sources).

Based on market results, HILR Partners LLC is the only Small Business that can immediately provide these services at a fair and reasonable price that meets the program needs and that represents the best value to the American Taxpayer. As VA continues market research for a competitive solution, a sole source award contract to HILR Partners under unusual and compelling urgency will cover this urgent requirement.

5. Description of Efforts made to ensure that offers were 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:

A notice of this contract action will not be advertised on Beta.Sam.gov, due to the urgent and compelling nature of the acquisition. The authority cited in FAR 5.202(a)(2) applies.

In accordance with FAR Subsection 13.501(a), the agency will make publicly available the Justification required by 6.305(a) within 14 days after contract award.

6. Determination that the Order Represents Best Value Consistent with Fair and Reasonable Pricing: The anticipated price to the government will be fair and reasonable. This determination will be based on a comparison of current contract pricing in the market, the Independent Government Cost Estimate, or other information made available consistent with Federal Acquisition Regulation (FAR) 13. The Government anticipates commercial pricing consistent with (or better than) non-Government pricing.

7. Description of Market Research Conducted:

A search on Google maps shows no potential suitable conference spaces within walking distance of the two hotels (particularly, space large enough to provide social distancing between students). For potential meals, the map includes the Hotels (one which includes a restaurant), a closed Brewing Company within a three-block radius, and a Chinese Takeout establishment outside of three blocks from the Holiday Inn.

Only the Hotel’s restaurant is equipped within walking vicinity to meet the meals requirements.

Multiple Requests for information, beginning in October 2020 resulted in the identification of several small businesses, some veteran owned, that could potentially meet the Government needs for conference space and meals in the North Little Rock, AR vicinity. However, at the time of these RFIs, the Government did not know the venue where students would be staying, and it did not know what (if any) geographic limitations would be necessary due to COVID at time of award. Because of the circumstances of this contract action related to the pandemic as described above, the location for space and meals must be within or directly adjacent to the two hotels. These vendors, even with experience, cannot perform the required services. Based on market results, HILR Partners LLC is the only Small Business that can immediately provide these services at a fair and reasonable price that meets the program needs.

8. Any other facts supporting the use of other than full and open competition:

None

9. List of Interested Sources:

None

10. Actions Necessary to Overcome Any Barriers to Competition:

The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed. Future relaxation of COVID protocols will make competitive fulfillment of training space and meal needs more feasible. Additionally, keeping the students in a centralized location would reduce the potential spread of infectious disease to the general public as well.

11. Contracting Officer’s Approval: Pursuant to FAR Subsection and FAR Section 13.501(a)(2)(ii), I certify that this justification is accurate and complete to the best of my knowledge and belief and approval is thus provided.

Jacky Jean-Jacques, Contracting Officer Date Strategic Acquisition Center- Frederick