JOFOC SDVOSB Sole Source.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC) 5202 Presidents Court, Suite 103

Frederick, MD 21703

Justification and Approval for Other than Full and Open Competition

1. 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 and Technology – Space and Facility Management (OIT/SFM).

2. Period of Performance:

This activity proposes to negotiate a non-competitive award (sole-source) with the incumbent contractor, CC & C Management Service, LLC (a Service-Disabled Veteran- Owned Small Business), for the procurement of Austin Information Technology Center (AITC) Furniture Removal and Denver-AITC Relocation Services for a period of 15 days with no option periods. The anticipated period of performance for the contract is March 7, 2022 – March 21, 2022. The estimated value for this acquisition is $53,861.76.

3. Description of Services:

The proposed contract is for CC & C Management Service to continue uninterrupted services for two Phases: Phase 1 for furniture removal and disposal from the AITC warehouse and Phase 2 for the Denver Federal Center (leased space) relocation to AITC of specific tasks and deliverables outline in current BPA. However, CC & C Management Service’s GSA contract (GS-33F-0014V) and the BPA is not within scope for the “Disposal Fees of Dump Facility” required after the Contractor disassembles the existing systems furniture and removal from the premises for Phase 1. The disposal fee is considered an open market item and is not on the Contractor’s GSA contract which required the fee to be synopsized/publicized in accordance with FAR 8.402(f) prior to the solicitation. Additionally, the fee was not clearly labeled on the BPA as an item since it was not on the Federal Supply Schedule or proposed by the Contractor during the solicitation phase. Phase 2 of the next BPA order is dependent on Phase 1, in which Phase 1 is removing furniture from the AITC warehouse in order for Phase 2 to relocate furniture from the Denver Federal Center (DFC) to the AITC warehouse space. Due to time constraints of DFC closing March 31, 2022 it is in the best interest of the Government to procure this requirement as an other than full and open competition.

To avoid uninterrupted services, VA needs to award a short-term non-GSA contract to include the disposal fees with the incumbent contractor for Phase 1 of furniture removal in order for Phase 2 of furniture relocation (under a BPA order) to be completed as needed.

Strategic Acquisition Center (SAC)

4. Statutory Authority:

The statutory authority permitting other than full and open competition is 41 U.S.C.

§ 253(c)(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. Contractor’s Qualifications:

CC & C Management Service, LLC is a registered and verified Service-Disabled Veteran-Owned Small Business (SDVOSB). The contractor currently provides Nationwide Relocation and Moving Services for the OIT/SFM on BPA number 36C10X20A0019 against GSA contract number GS-33F-00-14V and has the experience and knowledge in providing support in specific tasks and deliverables to fully support OIT/SFM. CC & C Management Service, LLC currently has the level of experience to accomplish the requirements.

Overall, the contractor currently provides exceptional support needed to complete the requirements of this acquisition and is capable of providing support promptly to fulfill the critical need.

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.”

7. Fair and Reasonable Pricing:

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. Since the short-term contract will not use the Contractor’s GSA contract due to the open market item for the disposal fee, the determination will compare the original rates proposed and evaluated at the time of award along with the current wage determinations for Austin, Texas and Denver, Colorado.

Strategic Acquisition Center (SAC)

8. Market Research:

Market research was conducted and CC & C Management Service, 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 CC & C Management Service, LLC represented that they are a SDVOSB and a small business under the applicable NAICS code 484210.

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 if:

(1) such concern is determined to be a responsible source with respect to performance of such contract opportunity;

(2) the anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 134 of title 41) but will not exceed $5,000,000; and

(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.

This procurement meets all of these conditions.

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

CC & C Management Service, LLC 4405 E West Highway, Suite 108 Bethesda, MD 20814

Strategic Acquisition Center (SAC)

11. Statement of Actions:

A new ordering vehicle will be considered for this requirement to include the necessary disposal fees for future orders as a total SDVOSB set aside or sole source under NAICS code 484210. The anticipated period of performance will be a 12-month base period with four 12-month option periods.

12. Certifications / Signatures.

Technical Representative Certification:

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

Date Program Manager Office of Information and Technology – Space and Facility Management (OIT/SFM)

Contracting Officer Certification and Approval:

Pursuant to FAR 6.303-2(b)(12) and FAR 6.304(a)(1), I certify that this justification is accurate and complete to the best of my knowledge and belief. I hereby approve 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 Contracting Officer Strategic Acquisition Center - Frederick (SAC-F)