P03 Sole Source Justification.pdf
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- Solicitation number
- 36C24924Q0150
About this file
This document is a Justification and Approval (J&A) for Other Than Full and Open Competition for a sole source contract award to a Service-Disabled Veteran-Owned Small Business (SDVOSB) for Whole Health Music Therapy Services at the Lexington VA Medical Center.
The Department of Veterans Affairs (VA) intends to award a new base plus four 1-year option, firm-fixed-price contract to JIT Staffing, LLC, an SDVOSB, to provide a Music Therapy Instructor to deliver clinical services such as guitar, drumming, and songwriting for 2 hours per week at the Lexington VAMC. The overall 5-year contract value is $71,163.40. The statutory authority cited is 41 USC 3304(a)(5) and 38 U.S. Code 8127(c), which allows the VA to use sole source procedures for SDVOSB/VOSB procurements up to $5 million. Market research was conducted, but only one SDVOSB was identified under the applicable NAICS code, so the "VA Rule of Two" does not apply. The price quoted by JIT Staffing is deemed fair and reasonable compared to the Independent Government Cost Estimate of $81,320.58.
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VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 1 of 2 Revision: 03 Effective Date: 06/15/2024
DEPARTMENT OF VETERANS AFFAIRS
Justification and Approval (J&A) For
Other Than Full and Open Competition
Acquisition Plan Action ID: 36C249‐24‐AP‐0143
1. Contracting Activity: Department of Veterans Affairs, NCO9, Lexington VA Medical Center, Troy
Bowling Campus. Requisition Number: 596‐24‐3‐1367‐0083
2. Nature and/or Description of the Action Being Approved:
New Base Plus Four 1‐year Options, firm‐fixed‐price contract for Lexington VAMC Whole Health
Music Therapy Services.
3. Description of Supplies/Services Required to Meet the Agency’s Needs:
Music Therapy Instructor to provide the following clinical services: guitar, drumming, song writing or similar expressive music therapy (2 hours per week). Overall contract value as quoted by vendor, JIT Staffing: $71,163.40
Base Contract: 08/15/2024 through 08/14/2025 $13,675.20 Option Year 1: 08/15/2025 through 08/14/2026 $13,948.00 Option Year 2: 08/15/2026 through 08/14/2027 $14,227.40 Option Year 3: 08/15/2027 through 08/14/2028 $14,511.20 Option Year 4: 08/15/2028 through 08/14/2029 $14,801.60
4. Statutory Authority Permitting Other than Full and Open Competition: 41 USC §3304(a)(5), 38 U.S.
Code § 8127(c), as implemented by FAR 6.302‐5 (Authorized or Required by Statute). COs may use the non‐competitive (sole source) procedures authorized in VAAR 819.7008 (DEVIATION) or VAAR
819.7009 (DEVIATION) up to $5,000,000. Check the specific VAAR clause used below:
( X ) 819.7008 Sole source awards to a certified service‐disabled veteran‐owned small business;
or ( ) 819.7009 Sole source awards to a certified veteran‐owned small business
5. Demonstration that the Contractor’s Unique Qualifications and/or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):
Authority cited at VAAR 806.302‐570: Contractor, JIT Staffing, has been found to be a responsible SDVOSB via VetCert and Fed Data Check. Contractor has quoted the VA with a reasonable price, found acceptable to the requesting service. The overall contract value does not exceed the SAT.
6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies:
An Intent to sole source notice will be posted on sam.gov. The requirement was previously solicited by an RFQ, however, the quoted prices were not deemed reasonable by the program office.
7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:
8. The price quoted by Just In Time (JIT) Staffing is considered fair and reasonable as it is less than the
IGCE ($81,320.58).
VHAPG Part 819.7008/7009 Sole Source Awards to SDVOSB/VOSB Page 2 of 2 Revision: 03 Effective Date: 06/15/2024
9. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:
Market research was conducted wherein it was found that there were multiple SDVOSBs under NAICS 611699. Unable to isolate the capability of each vendor due to website limitations. Utilizing VIP search functions, only 1 SDVOSB resulted when isolating the keyword “Music”, therefore the “VA Rule of Two” does not apply.
10. Any Other Facts Supporting the Use of Other than Full and Open Competition: None
11. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:
1.) Viakorp ‐ $305,200.00 SDVOSB (but not under NAICS code used)
2.) Sanford Federal ‐ $98,100.00 SDVOSB
3.) Idemma LLC ‐ $81,163.80 Not identified as SDVOSB in VetCert
12. 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: N/A
13. 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.
Name: Rebecca Espinoza Date: 07/08/2024 Title: Contract Specialist Facility: NCO9
14. 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.
Diane Ziegler Date Contract Officer
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