Justification_and_Approval_VHA_75for75 - signed.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Acquisition Operations

Strategic Acquisition Center – Frederick 5202 Presidents Court, Suite 103

Frederick, MD 21703

Justification and Approval for Other than Full and Open Competition 6.302-5 – Authorized or required by statute

1. Identification of the agency and the 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 Veterans Health Administration (VHA) Office of Communications (10BCOM), and the Department of Veterans Affairs (VA) located at 810 Vermont Avenues, NW, Washington DC, 20420.

2. Nature and/or description of the action being approved.

This activity proposes to negotiate a non-competitive award (sole-source) with Gig Line Media, Inc, a verified Service-Disabled Veteran-Owned Small Business, for professional video production support services and the sourcing of seventy-five (75) short two-to-three-minute films (video format) highlighting VHA's unique initiatives, innovations, and contributions to medicine, as well as its committed care to America's Veterans. The anticipated period of performance for the awarded contract is as follows:

Base Period: February 04, 2021 – February 04, 2022

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

VHA requires production of seventy-five (75) short, 2-3 minute videos to support the VHA 75th anniversary campaign and celebration. Details of the anticipated video storylines will be shared during the post-award meeting. VHA anticipates that these seventy-five (75) short videos will include footage shot at various VA Medical Centers (field facilities) in varied geographic locations to be determined by the government. At least fifteen (15) videos must be filmed on location at VA Central Office (VACO) headquarters in Washington, DC. The estimated value of the proposed action is $500,000.00.

4. An identification of the statutory authority permitting other than full and open competition.

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) and VAAR 819.7007 (Sole source awards to service-disabled veteran-owned small business concerns).

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

Gig Line Media, Inc is a registered and VIP-verified Service-Disabled Veteran-Owned Small Business (SDVOSB) small under the applicable NAICS 512110 Motion Picture and Video Production, NAICS 512120 Motion Picture and Video Production, Gigline has the required expertise and experience to provide the support necessary under this effort. Gig Line Media, Inc. conducts work in all related NAICS and currently provides video production and support services.

Gig Line Media, Inc. is capable of successfully delivering the services to VHA's Office of Communications over this twelve (12) month contract. Gig Line Media, Inc. offers an exceptional combination of highly skilled capabilities, innovative out-of-the box planning, and an exceptional combination of corporate and personnel capabilities needed to support the requirements at a high level.

6. A description of efforts made to ensure that offers are 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 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 will be publicized as required by Subpart 5.2.

7. A determination by the Contracting Officer that the anticipated cost to the Government will be fair and reasonable The Contracting Officer determined the costs were fair and reasonable. This determination was based on the historical pricing data agreed in current VA contracts for the same or similar services complimented by an assessment of the level of effort and labor mix proposed as the basis for its firm fixed price. Additionally, labor rates were compared to current VA contract vehicles and GSA pricing.

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 conducted, and Gig Line Media, Inc. 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 codes 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 Gig Line Media, Inc. has no exclusions.

In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for Gig Line Media, Inc. 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. Any other facts supporting the use of other than full and open competition.

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 these conditions.

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.

All future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive. However, this is not anticipated nor expected as this contract will last only one year.

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12. Certifications/ Signatures

(1) Technical Representative Certification:

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

Blake Scates Date Digital Program Manager VHA Office of Communications Department of Veterans Affairs

(2) Contracting Officer Certification/ Approval:

Pursuant to FAR Subsection 6.303-2(b) (12), I certify that this justification is accurate and complete to the best of my knowledge and belief and approval is thus recommended.

Kevin Hurst Date Contracting Officer Strategic Acquisition Center – Frederick, MD Department of Veterans Affairs