Redacted 518-22 JEFO FAR 16.505 over SAT.pdf

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is 41 U.S.C.

4106(c) as implemented by FAR 16.505(b)(2)(i)::

( ) FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

( X ) FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( ) FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source”. The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service- Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB).

5. Rationale Supporting Use of Authority Cited Above:

VBA has a recurring requirement for Adobe integrated LMS, Authoring Tool and Web-based Training Tool to continue supporting the various requirements of training new and refresher training for VBA business lines and staff offices. While there are various tools in industry that can provide individual tools to support training, they do not meet the need of an integrated system. In other words, Adobe LMS in and of itself is not the only tool, but when combined with Adobe Captivate integrated authoring tool, Adobe Creative Suite, and the integrated Adobe Connect delivery system, it is uniquely suited to meet VBA’s mission requirements. Adobe is the only vendor who can provide an integrated set of products which meets all of the VBA’s requirements.

Adobe Learning Manager is a modern LMS which integrates with current VBA Systems including FedRamp certification, Single-Sign-On (SSO) compatible, 508 compliance, and Application Programming Interface (API) integration. This LMS combines integration with other required products: Courseware Authoring tools (Adobe Captivate and Adobe Presenter) & Instructor Led Web-Based tools (Adobe Connect). Adobe Captivate & Presenter are learning authoring tools that integrates with current VBA requirements. For example, Technical Reference Model (TRM) approval, includes Shareable Content Object Reference Module (SCORM), is 508 compliant, and integrates with Microsoft Power Point. Adobe is the only system that provides these features while providing integration with other required products such as: allowing courseware to be configured and published directly to the LMS (Adobe Learning Manager). Adobe Connect provides a distance learning classroom that integrates with VBA’s model of Instructor-Led Web-Based Training Tool and is VA Technical Reference Model (TRM) approved, FedRamp certified, is 508 Compliant, and integrates with Microsoft Power Point. It also allows Instructor Led, Web-Based Training (IWT) course integration with the LMS course content for seamless learner enrollment and progress tracking.

While there are a variety of LMS, virtual classroom and authoring tools with FedRamp certifications

b. Supervisory Contract Specialist (required for actions valued >SAT-$750K): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief and approve.

Date Alyssa M. Dark, Acting Director Acquisition Directorate, Office of Mission Support (OMS)

HIGHER LEVEL APPROVAL (required for actions over $750K):

c. Head of Procuring Activity Approval: (>$750K to $75M): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve.

Todd B. Hunter, SES Date Head of Contracting Activity (HCA)

ALYSSA DARK Digitally signed by ALYSSA DARK Date: 2024.02.28 06:08:41 -08'00'

TODD HUNTER

(Affiliate)

Digitally signed by TODD HUNTER (Affiliate) Date: 2024.02.29 19:23:22 -05'00'