P03 JA Over SAT.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP Attachment 5: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 11 Page 1 of 3 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>SAT)

Acquisition Plan Action ID:___________36C249 22 AP 2568______________

1. Contracting Activity: Department of Veterans Affairs (VA), Network Contracting Office 09, Tennessee Valley Veteran Affairs Medical Center Nashville TN, 37121 and Alvin C. York Veteran Affairs Medical Center (VAMC), Murfreesboro, Tennessee 37129, station 626 and 2237#626 23 1 3031 0002 sent to Network Contracting Office 9, 1639 Medical Center Parkway, Suite 400, Murfreesboro, TN 37129 requirement for employee assistance program services.

2. Nature and/or Description of the Action Being Processed: This procurement is for a new firm fixed price contract for employee assistance program service for the Tennessee Valley Veteran Affairs Medical Center and Alvin C. York VA Medical Center.

Period of Performance:

Base Year: 10/01/2022 09/30/2023 $81,084.24 Option Year 1: 10/01/2023 09/30/2024 $82,341.36 Option Year 2: 10/01/2024 09/30/2025 $83,598.48 Option Year 3: 10/01/2025 09/30/2026 $84,227.04 Option Year 4: 10/01/2026 09/30/2027 $85,484.16

Total Estimated Contract: $416,735.28

3. Description of Supplies/Services Required to Meet the Agency�s Needs: This sole source procurement is EAP services with J.E. Federal Enterprises, LLC, the incumbent contractor. The estimated value of this contract is $416,735.28, with a period of performance of October 01, 2022 through September 30, 2027. The service is to include but is not limited to:

Program development and consultation services assessment of organization Needs Assist in the development of program policy and procedures Provide ongoing consultation and program evaluation Provide training and orientation services Provide work/life services Provide assessment, counseling, and referral services Provide utilization reports Provide program promotion materials

4. Statutory Authority Permitting Other than Full and Open Competition:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy

Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302 1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302 2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302 3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302 4

(X) (5) Authorized or Required by Statute per 38 USC 8127(c)as implemented by FAR 6.302 5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302 6;

OFOC SOP Revision 11 Page 2 of 3 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302 7;

5. Demonstration that the Contractor�s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): J.E. Federal Enterprises, LLC is the incumbent contractor currently providing EAP services for TVHS under contract VA249 18 C 10299 awarded 10/01/2017. In accordance with 38 USC 8127(c) under the authority of FAR 6.302 5(b)(6) Authorized or Required by Statute, sole source awards under the Veterans Benefits Act of 2003, a sole source procurement is being pursued. Furthermore, in accordance with VAAR 806.302 570(c) the VIP Certified SDVOSB incumbent is determined to be a responsible source, the award price (including options) will exceed the acquisition threshold, and pricing is deemed fair and reasonable.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: Market research was performed which yielded 13 SDVOSBs that provided services under NAICS 621330 with keyword Employee Assistance, however Notification of Intent to Sole Source 36C24922Q0664 was posted which received no responses from any interested parties.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

Consideration of pricing was conducted using other comparable similar contracts awarded by NCO

9. The pricing analyzed was found to be consistent with the market research pricing that was provided by the below contract.

VA249 18 C 10299 awarded 10/01/2018 for $408,000.00 for a base plus 4 option year

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: A search was conducted on the Vendor Information Pages using North American Industry Classification System (NAICS) code 621330 with the keyword �employee assistance� and 13 SDVOSBs and 1 VOSB were returned on this search. Market research revealed 25 Small Business opportunities that provide services under NAICS 621330 with the keyword �employee assistance�. However, further market research revealed that no other SDVOSBs showed interested in providing the EAP services. Recommended sole source award to J.E. Federal Enterprises, LLC. in accordance with 38 USC 8127(c) as implemented by FAR 6.302 5 and VAAR

806.302 570(c), sole source awards under the Veterans Benefits Act of 2003.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: Based on the market research conducted, there were no other SDVOSBs interested or capable in providing this EAP service for the TVHS VAMCs.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: Notification of Intent to Sole Source 36C24922Q0664 was posted which received no responses from any interested parties.

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: As this procurement is pursued under 38 USC 8127(c) as implemented by FAR 6.302 5 and VAAR 806.302 570(c), sole source awards under the Veterans Benefits Act of 2003, there is little that the agency can do to remove barriers to competition until laws are changed.

OFOC SOP Revision 11 Page 3 of 3 Original Date: 03/22/11 Revision 11 Date: 02/11/2021

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.

William Williams Date Acquisition Utilization Specialist Tennessee Valley Healthcare System

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Lori Ellis

________09/20/2022_______ Date

Contracting Officer Network Contracting Officer 9

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Stacey McClendon Date Branch Chief Network Contracting Officer 9