P03 Brand Name Justification.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) for Brand Name Justification

1. Contracting Activity:

Department of Veterans Affairs (VA), Veterans Benefits Administration (VBA), located at the

Columbia, South Carolina, Veterans Affairs Regional Office (VARO). The Integrated Purchase

Request (IPR) number for this requirement is F36B319-24-0000012.

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

This requirement is being pursued under a brand name acquisition in accordance with Federal

Acquisition Regulation (FAR) 13.501 and requisite documentation as prescribed in FAR 5.102(a)(6) and FAR 6.302-1(c). A new Firm-Fixed-Price Contract will be awarded as described in FAR 16.202.

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

Contractor will facilitate a training program with team coaching utilized by the Birkman Method for approximately seventy (70) Regional Office employees to support self-awareness, team building, leadership development, and stress management. Contractor will furnish Birkman Method instruction materials, live instructor(s), and all deliverables required to accomplish a successful face-to-face group training program over three (3) consecutive days for five (5) hours each. Furthermore, the

Contractor shall issue individual Birkman assessments for each VARO employee to measure personality characteristics that influence behaviors, motivations, and perceptions during group tasks as well as a group Birkman analysis that will promote team building concepts within a group setting.

The period of performance for this requirement is completion of the training program within thirty

(30) calendar days from date of contract award.

4. Statutory Authority Permitting Restricted Competition:

This acquisition is being conducted following Simplified Procedures for Commercial Items in FAR

13.5 pursuant to 41 United States Code (U.S.C.) 1901 or 41 U.S.C. 1903 and documented as required by FAR 13.501.

5. Demonstration of Unique Qualifications:

With six (6) trainings previously held between August 1, 2023 and December 18, 2023 at the

Columbia, South Carolina, VARO, the objective of the training is establishing a foundation of trust through transparency, relationship, understanding, shared success, truth telling, and testing assumptions. The training event must focus on shifting from an I-centric environment to foster a We-centric approach.

The group training event must examine the relational equation of (a) behavior, what people do or say; (b) person, what goes on inside of us; and (c) environment with external influences. The individual insights assessments shall provide independent strengths, preferences on how others work with you, preferences on how others talk to you, and biggest mistakes that others can make with you.

The training event shall examine a uniquely multidimensional approach that consists of motivating interests, usual proactive behavior, and underlying needs with potential stress reactions. For motivating interests, the training shall establish Communicators, Thinkers, Doers, and Analyzers with a more thorough categorization of Technical, Outdoor, Scientific, Persuasive, Social Service, Administrative, Numerical, Artistic, Literary, and Musical characteristics. For usual proactive behaviors, the training shall again establish Communicators, Thinkers, Doers, and Analyzers with identification of extroverts, introverts, task-oriented, and/or people-oriented. For underlying needs with potential stress reactions, the training shall identify the Expediters, Communicators, Administrators, and Planners with a recognition of direct, indirect, task approach, and/or people approach.

To accomplish a cohesive yet dynamic team culture within a group setting, the behavioral styles and expectation components for this training requirement must separately assess Assertiveness, Social

Energy, Incentives, Restlessness, Emotional Energy, Self-Consciousness, Thought, Insistence, and

Physical Energy. In using the aforementioned components, this training event will provide tools for supervisors on proper occupational incentives to motivate each behavioral style. This group training event shall address the usual behavior that is positive, socialized behavior when needs are met; the needs that are expectations of others in the work environment and how we need to be treated by others; and stress behavior that is negative, ineffective behavior that results when needs are not met.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

A Sources Sought Notice, associated with Notice Number 36C10D24Q0115, was published to

Contract Opportunities through the System for Award Management (SAM) on March 13, 2024 and closed on March 25, 2024 at 12:00 pm Eastern Standard Time (EST). The applicable Sources Sought

Notice requested any interested Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), Veteran-Owned Small Businesses (VOSBs), or Small Businesses (SBs) to submit the following six (6) components:

(1) Statement of Intent that a Quotation will be submitted to the potential future Solicitation for this project, which said Statement of Intent shall include the company’s System for Award Management

Unique Entity Identifier (SAM UEI) Number;

(2) Verification through Small Business Administration (SBA) Veteran Small Business Certification

(VetCert) and/or SBA Dynamic Small Business Search (DSBS) as a SDVOSB or VOSB under the

North American Industry Classification System (NAICS) Code of 611430, if applicable;

(3) Provide the assessment type and/or method that would be utilized for this group coaching training event, which addresses the approach to group tasks;

(4) Evidence that the proposed instructor(s) for the group coaching training event is a Doctor of

Philosophy (PhD) with at least twenty (20) years of coaching experience;

(5) Evidence that the proposed instructor(s) for the group coaching training event is a Master

Certified Coach (MCC) as well as a Social and Emotional Intelligence Certified Coach; and

(6) Evidence of the company’s ability to perform at least fifty percent (50%) of this requirement in accordance with FAR 52.219-14: Limitations on Subcontracting.

Said Sources Sought Notice received twenty-one (21) total responses, which submissions were as follows: eleven (11) SDVOSBs; one (1) VOSB; five (5) Small Disadvantaged Business (SDB) that were also an Economically Disadvantaged Women-Owned Small Business (EDWOSB) and/or a

Women-Owned Small Business (WOSB); one (1) WOSB; one (1) SDB; one (1) SB; and one (1) large business.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be

Fair and Reasonable:

Current pricing and market issues will be determined by comparing competitive quotations or offers, whenever possible, for this requirement. However, if only one (1) quotation or offer is received, then pricing and market issues will likely be compared to the Independent Government Estimate (IGE) for this requirement. Both of these preceding price analysis techniques comply with FAR 13.106-3(a).

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted:

In accordance with FAR Part 10 and Veterans Affairs Acquisition Regulation (VAAR) Part 810, market research has been conducted for this acquisition.

After conducting a nationwide search through the VetCert database administered by the SBA under the applicable NAICS Code of 611430 [Professional and Management Development Training], three thousand five hundred sixty (3,560) SDVOSBs or VOSBs were identified, as of March 11, 2024.

However, this particular market research tool remains with limited functionality of only one (1) criteria per search and no associated capability narratives, thereby prohibiting comprehensive or accurate market research findings.

Numerous criteria were applied in the DSBS. The first specific DSBS, also administered by the SBA, was performed on March 11, 2024 under the applicable NAICS Code of 611430 [Professional and

Management Development Training] along with a keyword search of ‘Birkman’ and a limitation to self-certified SDVOSBs and VOSBs that ascertained zero (0) business entities. The other specific

DSBS performed under the applicable NAICS Code of 611430 [Professional and Management

Development Training] along with a keyword search of ‘Birkman’, but no business type limitation, resulted in one (1) business entity.

Additional research through DSBS with broader keyword limitations were administered. The first broad DSBS was performed on March 11, 2024 under the applicable NAICS Code of 611430

[Professional and Management Development Training] along with a keyword search of ‘Team

Development’ and a limitation to self-certified SDVOSBs and VOSBs that ascertained thirteen (13) business entities. The other broad DSBS performed under the applicable NAICS Code of 611430

[Professional and Management Development Training] along with a keyword search of ‘Team

Development’, but no business type limitation, resulted in seventy-three (73) business entities.

Similar to the preceding analysis, a search was completed through General Services Administration

(GSA) eLibrary. Under a keyword search of ‘Birkman’, the only Multiple Award Schedule (MAS) match that appeared was Office Management – Media Products with a category of 511130 and corresponding description of Books and Pamphlets. By observing the MAS category and description, this search result was not applicable to training-related services, bur rather literature that addresses the Birkman Method.

An independent search through the Federal Procurement Data System – Next Generation (FPDS-

NG) was additionally conducted on March 11, 2024 with the keyword search of ‘Birkman Training’.

Nineteen (19) entries were generated, which eleven (11) of those entries were for original contracts or orders awarded and the remaining eight (8) entries pertained to Modifications of the original awards.

As previously described in Section 6, a Sources Sought Notice, associated with Notice Number

36C10D24Q0115, was published to Contract Opportunities through SAM.

9. Any Other Facts Supporting the lack of competition:

Under 38 U.S.C. 8127(h) titled ‘Priority for Contracting Preferences’, the preferences for awarding contracts to small business concerns shall be applied in the following order of priority: (1)

SDVSOBs, (2) VOSBs, (3) 8[a] and HUBZone firms, and (4) any other small business.

With a reasonable expectation of receiving two (2) or more offers from eligible, capable, and verified

SDVOSBs, the Veterans First Contracting Program (VFCP), as prescribed in VAAR

Subpart 819.70, has been adequately satisfied. More specifically in VAAR 819.7005, the top priority is awarding contracts to small business concerns owned and controlled by Veterans with service-connected disabilities.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

Eleven (11) SDVOSBs expressed interest, in writing, for this acquisition. Ten (10) non-SDVOSB entities expressed interest, in writing, for this acquisition as indicated more specifically in Section 6 of this Brand Name Justification. Business type determinations were established from SBA VetCert and/or SBA DSBS records as of March 28, 2024.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required:

Previous trainings were administered at the Columbia, South Carolina, VARO with the Birkman

Method as discussed in Section 5 of this Brand Name Justification. For the previous trainings of the

Birkman Method and the respective monetary thresholds, the government-wide purchase card (GPC) was utilized to the maximum extent practicable in conducting simplified acquisitions as permitted by

FAR 13.003(e). However, for future procurements that require a series of multiple training events with similar substantive content, acquisition planning and corresponding documentation should include each training session as a culmination of training events in promoting competition to the maximum extent practicable. Furthermore, depending on the regulatory authority implemented in the initial procurement for a series of similarly-situated training events, a logical follow-on could also be imposed as a justification if a contract or order was originally awarded.

12. Requirements Certification: 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.

Chief, Support Services Date

13. Approvals:

Contracting Officer’s Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Contracting Officer Date

04/03/2024

04/03/2024