P03 JA AIS Peak Performance Services_FE.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

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 (SAC) in Frederick Maryland, on behalf of the Department of Veterans Affairs (VA), Veterans Affairs Acquisition Academy (VAAA), Acquisition Internship School (AIS).

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

This activity proposes to negotiate a firm fixed price, non-competitive sole-source award with HRS Consulting, a Service-Disabled Veteran-Owned Small Business (SDVOSB).

The procurement is for Peak Performance Services that will support interns with rapidly troubleshoot performance issues to significantly reduce the likelihood of more serious performance decrements arising from an unresolved performance problem or issue.

These services will allow interns and OJT participants to build the skills they need to effectively manage larger workloads, while mitigating factors contributing to turnover (i.e., burnout, poor work relationships, negative office cultures, etc.). This critical skill set can directly address the high turnover the 1102 field faces given that one of the main issues mentioned in the All Employee Survey is “Workload”.

3. A description of the supplies or services required to meet the agency’s needs.

The contractor shall provide individual coaching, assessment, and mentoring for up to 60 interns for a period of 12 months, curriculum planning and development to prepare for the next Warriors to Workforce program launch, and AIS Program Management support to include reporting and administration of training progress. The main goal is to maintain the rapport they have already established with at-risk Veterans currently receiving Peak Performance support to avoid a serious health and safety issue(s) that would impede workplace performance.

The estimated value for this acquisition is $411,278.00 and the period of Performance of one 12-month base period.

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

Strategic Acquisition Center (SAC)

The statutory authority permitting other than full and open competition 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).

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

VAAR 819.7007 states explicitly, “A determination that only one SDVOSB can meet the requirement is not required,” and that using this authority, the following must be verified:

(1) The anticipated award price of the contract (including options) will not exceed $5 million: The estimated value is $411,278.00 and does not exceed $5M.

(2) The justification prepared pursuant to FAR 6.302-5(c)(2)(ii) is posted in accordance with FAR subpart 5.301(d); This Justification and Approval will be posted on FBO.

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and HRS Consulting is a registered and verified Service- Disabled Veteran-Owned Small Business (SDVOSB) with recent proven capabilities to perform the required services.

(4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government.

(5) The contracting officer has determined that the use of this authority is in the best interest of the government based upon the fact that HRS Consulting is an SDVOSB which has a satisfactory performance history with the Department of Veterans Affairs in providing quality products and services at a fair and reasonable price and has the necessary working knowledge of the VA systems, programs and policies to provide the needed deliverables within the stringent timeline required.

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.

The contracting officer has determined that a SDVOSB sole source award to HRS Consulting is in the best interest of the government. IAW VAAR § 819.7007(b) and (c), https://www.acquisition.gov/content/part-6-competition-requirements#i1119843 https://www.acquisition.gov/content/part-5-publicizing-contract-actions#i1120562

Strategic Acquisition Center (SAC) the determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer and 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.

No award shall be made until the Contracting Officer determines the cost to the Government to be fair and reasonable. This determination will be based on a comparison of current contract pricing, past proposal submissions (if available), other information made available, and an Independent Government Cost Estimate.

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 HRS Consulting has been determined to be a responsible source with respect to performance. Considering the VAAA has been soliciting industry and procuring these services for 11 years, a broad range of institutional knowledge has been carried into this procurement.

HRS Consulting is 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, their current services meet and exceeds government requirements and government reviewed their VIP verification verifying that they are an SDVOSB.

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 in accordance with VAAR 819.7007.

HRS Consulting, Inc. was awarded contract VA791-17-C-0013 on a competitive basis. It was determined to be in the Government’s best interest to award a sole source to HRS Consulting, Inc. This requirement is in support of Veteran’s health/safety concerns in which the Peak Performance contract support was integral in providing support and

Strategic Acquisition Center (SAC) stability for at-risk Veteran training participants and is in support of the Secretary’s initiative to combat Veteran suicide.

At the completion of this project, should this concept solution be proven effective, market research will be conducted in order to determine if there are other capable vendors who can provide the required services.

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

HRS Consulting, Inc. 2645 Executive Park Drive, Suite 420 Weston, FL 33331

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.

12. Certifications / Signatures.

Technical Representative Certification:

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

Yolanda Davis Date Contract Specialist VA Acquisition Academy Acquisition Intern School (AIS)

08.03.2021

Strategic Acquisition Center (SAC)

Contracting Officer Certification:

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

Melissa Maloy Date Contracting Officer Strategic Acquisition Center (SAC)