Justification and Approval v.3 Redacted_Redacted.pdf

ProjNet DrChecks Software

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of Veterans Affairs (VA) Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

2. Description of Action: The proposed action is for a firm-fixed price (FFP) sole source contract to be issued to National Institute of Building Sciences (NIBS), 1090 Vermont Ave. NW Suite 700, Washington DC 20005 for a software subscription contract for ProjNet DrChecks for the Office of Construction & Facilities Management (CFM).

3. Description of Supplies or Services:

The Department of Veterans Affairs (VA), Office of Construction and Facilities Management (CFM) has a requirement for application licenses subscription renewal of ProjNet- DrChecks™. The proposed is categorized as a Software-as-a-service (SaaS) by Project Special Forces (PSF). Additionally no VA Enterprise Center (VAEC) or technical Reference Model (TRM) approval is required VIPR #:

V22-06058-000. It is a contract for ProjNet DrChecks software to be used by CFM for a three-year subscription, each year consisting of three small licenses and one large license. These licenses allow CFM to manage its design reviews of construction projects and to effectively work jointly with the US Army Corps of Engineers on construction projects supported by the Interagency Agreement between VA and USACE. Although working jointly, each agency maintains their own licenses. The ProjNet DrChecks software is used to provide business-process based information exchange applications between the public sector contact or project management offices, funding agencies, and all tiers of designers, consultants, builders, subcontractors, suppliers, and manufacturers.

It allows the users to securely coordinate information exchanged, and all data is processed with a security accredited platform. ProjNet DrChecks expedites the process and the resolution of each improvement suggestion under its Design Review and Checking System. The software is used to empower project teams to improve design quality through an integrated web-based business process. The tool ignores geographic distances by allowing timely collaboration among all stakeholders. It gives owners and team members immediate access to every project design document. DrChecks software subscriptions provide access to the software, access to webinar software training, and call center support for account registration, login, password, and other general questions. The period of performance is one 12-month base year and two 12-month option years. The total estimated value of this procurement is inclusive of options.

4. Statutory Authority: The statutory authority permitting other than full and open competition is 41 U.S.C. 3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) 6.302-1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.”

5. Rationale Supporting Use of Authority Cited Above: The proposed source is the

National Institute of Building Sciences (NIBS); 1090 Vermont Avenue, NW, Suite 700, Washington, DC 20005. The U.S. Congress authorized the establishment of NIBS through the Housing and Community Development Act of 1974, Public Law 93-383. This legislation authorizes agency and departments to "contract with and accept contracts from the Institute for specific services where it is deemed appropriate by the responsible Federal official involved." Congress recognized the need for an organization that could serve as an interface between government and the private sector. NIB's mission is to serve the nation and the public interest by supporting advances in building science and technology to improve the built environment. Through NIBS, Congress established public/private partnership to enable findings on technical, building-related matters to be used effectively to improve government, commerce, and industry.

For nearly a decade the US Army Corps of Engineers (US ACE) project and construction management, engineering services, and other support to VA. The VA/USACE Super Construction Program manages over 30 healthcare facility construction projects in the U.S., valued at over $14 billion. The program agreement was updated in July 2023. USACE regulation 1110-1-8159 mandates the use of DrChecks for all projects requiring design review. Without renewal of DrChecks subscriptions, CFM will not be able to coordinate its construction projects with USACE. Which would significantly hamper VA’s ability to receive support and successfully complete construction projects.

A significant amount of time, effort, and funding has been invested into obtaining a Standard Software as a Service/VA sponsored FedRAMP for the vendor NIBS. VA average cost is approximately $380,000 yet there may be additional agency costs that were not included. It is in the final stages of completion, but cannot continue the efforts until a contract is awarded. If the vendor changes, the company would have to undergo the FedRAMP process including all costs to the vendor or obtain one VA sponsored. From start to finish this process takes 1.5-2 years.

6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research of this document. This effort did not yield any additional sources that can meet the Government's requirements. There is no competition anticipated for this acquisition. Additionally, the proposed action will be synopsized on the Federal Business Opportunities Page in accordance with FAR 5.201. Any proposals that are received shall be evaluated.

7. Actions to Increase 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.

8. Market Research: ProjNet DrChecks was developed by U.S. Army Engineer Research and Development Center (ERDC), Construction Engineering Research Laboratory (CERL), Champaign, Illinois. ERDC-CERL created and maintained the development tools in 1998 and licensed to NIBS in 2007. The Institute, authorized by Public Law 93-383 in 1974, is a nonprofit, non-governmental organization that can offer wider visibility than was possible for ERDC researchers. The Institute serves as an authoritative source of advice for both the private and public sectors to use in the building science and technology. On January 24, 2024, email contact was made to confirm that NIBS is the only authorized source for this software.

VA reviewed the websites of several other construction software providers in August 2024. These products included E-Plan Soft, and Sketch Up. Though these software suites provide similar services, none are able to provide VA with the coordination with USACE that VA requires to successfully complete construction projects.

Further Market Research was conducted on July 2024. The VA representative contacted a NIBS representative for documentation verifying that NIBS is the sole provider of ProjNet DrChecks, and there are no authorized resellers. It has been confirmed that NIBS is the sole provider of ProjNet DrChecks and is not available through any contracting vehicle nor is there any authorized resellers of the software or services. Therefore, it can be determined that NIBS is the only licensor hence the only source that will satisfy the agency needs, as NIBS is the only authorized source for ProjNet DrChecks.

9. Other Facts: The national level interagency agreement between VA and the U.S.

Army Corps of Engineers has USACE managing the design and construction of health care facilities for veterans and their families. While VA retains responsibility for overall completion.