P03 JA_Essential Risk Functions_Final SIGNED.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC)

5202 Presidents Ct, 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), on behalf of the Department of Veterans Affairs (VA), Office of Human Resources and Administration (OHRA), Operations, Security and Preparedness (OSP).

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

This activity proposes to negotiate a non-competitive firm-fixed price (FFP) services and deliverables award (sole-source) with D&O Security Solutions, a HUBZone Women Owned Service-Disabled Veteran-Owned Small Business (SDVOSB), for procuring technical support to include analysis and expert advice for designing and conducting risk assessments related to VA mission essential functions and supporting activities.

The estimated value for this acquisition is $310,618.00 (inclusive of one (1) optional task) with a period of performance of twelve (12) months.

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

This effort is to provide support and subject matter expertise for developing threat focused risk assessment methods and tools related to the increasing credible threats to senior leaders, key officials, and workforce, which pose a significant safety, security, and mission assurance challenge. Integrating threat based risk analysis elements into the Department’s risk assessment methods and tools will enhance needed decision support to understand and begin addressing this emerging risk.

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

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).

Strategic Acquisition Center (SAC)

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 not to exceed value is $265,560.00 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 J&A will be posted on SAM after award.

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance; and

D&O Security Solutions, LLC is a registered and verified Service-Disabled Veteran-Owned Small Business (SDVOSB). D&O Security Solutions provides technical support services and subject matter expertise to analyze, assess, and map risks to VA primary and mission essential functions as well as associated support activities. Analysis and assessment include examining and mapping interdependencies between VA mission sets, internal and external partners or service providers, and essential functions. Additionally, the Contractor conducts knowledge transfers to include executive summaries of methodology(ies) employed, major findings, and developing knowledge transfer materials (e.g., presentations/exercise documents) for VA staff, internal and external stakeholders, and senior leaders.

(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

The proposed rates will be verified using the IGCE and technical expertise. A fair and reasonable price determination will be made prior to award.

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.

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 contracting officer has determined that a SDVOSB sole source award to D&O Security Solutions is in the best interest of the government. IAW VAAR § 819.7007 (b) and (c), 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 not be publicized IAW the exception at FAR 5.202(a)(4).

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

No award will be made unless the proposed price is determined to be fair and reasonable.

8. A description of the market research conducted (see Part 9) and the results or a statement of the reason market research was not conducted.

Market research was conducted, and D&O Security Solutions has been determined to be a responsible source with respect to performance. They are registered and certified on VetBiz.gov as a SDVOSB with the NAICS code 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 D&O Security Solutions represented that they are an SDVOSB.

In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for D&O Security Solutions 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 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.

Strategic Acquisition Center (SAC)

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

D&O Security Solutions, LLC 800 Corporate Drive; Suite 301 Stafford, VA

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 Certification:

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

David Dexter Contracting Officers Representative

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.

Corey Mann Contracting Officer