JOFOC - VA LETC Lodging Bridge Contract- Final Signed.pdf

Justification for Other than Full and Open Competition (In accordance with FAR 6.302-2)

1. Contracting Activity:

Department of Veterans Affairs

Strategic Acquisition Center – Frederick (SAC-F)

5202 Presidents Court Drive, Suite 101, Frederick MD 21703

2. Nature and/or Description of the Action Being Approved:

The Government intends to negotiate and award a sole source firm fixed-price bridge contract for Offsite Student Lodging at the VA Law Enforcement Training Center located at

2200 Fort Roots Drive, North Little Rock, AR, to Bluewater Management Group, under the authority of 41 U.S. Code § 3304(a)(2), 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.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The VA in North Little Rock, Arkansas requires a vendor to provide facility, labor, materials, insurance, licenses and equipment required to provide up to 300 daily rooms to VA-LETC students. Lodging facilities shall be compliant with the requirement of the Hotel and Motel Safety Act of 1990 (Public Law 101-391) and shall be listed on the U.S. Fire Administration Hotel and Motel Master list found at (http://usfa.fema.gov/hotel/search.cfm). Lodging facilities shall be compliant with requirements of National Fire Protection Association (NFPA) 101, Life-Safety Code (http://www.nfpa.org/aboutthecodes/AboutTheCodes.asp?DocNum=101)

The Contractor shall provide lodging management services to locate, reserve and provide adequate lodging for up to 300 students within a 7-mile radius of the VA Law Enforcement

Training Center (LETC), 2200 Fort Roots Drive, North Little Rock, AR, 72114. Daily lodging shall be provided for the duration requested in the roster to include weekends and holidays.

The estimated value of the one-month proposed action is $204,125.00, consistent with the previous prices paid by the Government for essentially equivalent support. FAR 52.217-8 is included to ensure adequate support for the duration of a current GAO Protest affecting the current competitive acquisition.

4. Statutory Authority Permitting Other than Full and Open Competition:

41 U.S. Code § 3304(a)(2), Unusual and compelling urgency (FAR 6.302-5)

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.”

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The current competition to fulfill the long-term off-site lodging needs of the VA Law

Enforcement Training was to result in an award in June 2020. Due to a current GAO Protest, the Contracting Officer is unable to move forward with any award decisions (and may not be able to until September 2020). At the same time, classes at LETC are to recommence in

July 2020. In order for students to effectively make travel arrangements, they need to know where they will be staying during the class(es). As such there is an immediate need to identify the contractor supporting and hotels available for these training sessions. The incumbent contractor, Bluewater Management Group (BMG), currently has the processes and relationships with hotels to allow it to fulfill all monthly lodging requirements immediately under a bridge contract. Historically, BMG has fulfilled these exact services at an extremely high quality level and a sole source contract would ensure no lapse in service as the students return to classes.

6. A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable:

Due to classes beginning in two weeks, the current need for lodging is so urgent that 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 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), as there is currently only one vendor vetted and experienced in providing the services in North Little

Rock and no assurance that hotels in the are will work with other vendors on such short notice. Direct contracting with hotels, in this case, is not feasible given the coordination and tracking that must occur as part of performance.

The Government intends to establish a one-month contract with FAR clause 52.217-9 included if needed to cover the entire potential protest period (at least through September

2020).

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The Contracting Officer (CO) has pricing data from recent successful performance of work of the exact nature as what will be required under the proposed one-month effort. The CO anticipates that the negotiations will result in a price for the proposed effort that will be easy to find fair and reasonable.

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 completed prior to soliciting for the competitive contract currently under protest. This market research identified potentially capable firms, but none are as strongly suited as BMG (socio-economic status aside) to provide the continuing lodging support immediately--none are as suited especially given the current urgency.

Requesting offers from other potential sources is not feasible given that hotels must be identified, and support must begin almost immediately.

9. Any other facts supporting the justification:

None

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

None

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:

There is currently a competitive acquisition under protest. Upon GAO decision, the

Contracting Officer will proceed with the best course of action for that acquisition.

12. The ordering activity contracting officer’s certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief, and Justification approval:

I certify that the requirement outlined in this justification is a Bona Fide Need of the

Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief. I approve the justification for other than full and open competition pursuant to the authority cited in paragraph 4 above given the urgency, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Allen L. Smith Date

Contracting Officer

Strategic Acquisition Center - Frederick

6/25/2020