JA for Transcription Sole Source_Redacted.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- Frederick (SAC-F), on behalf of the Department of Veterans Affairs (VA), Board of Veterans’ Appeals (BVA).

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

This activity proposes to negotiate a non-competitive, FAR Part 13 award with The Ravens Group, Inc., a Service-Disabled Veteran-Owned Small Business (SDVOSB), for the procurement of support services to provide transcription and court reporting services to the BVA. The BVA is charged to conduct hearings and dispose of appeals properly before the Board in a timely manner. 38 U.S.C. § 7101(a).

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

(including the estimated value).

This service provides transcriptions of Veteran appeals hearings, which is a required step for final decision. Currently, the BVA is scheduled to hold 25,000 hearings and render 104,000 decisions in FY 2023.

The estimated value for this acquisition is $1,016,000.00 for a six month base period with two three-month options.

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(a)(2)(i) 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.

The statutory authority cited permitting is 38 USC 8127 (c). In addition, VAAR §

819.7008 regulation permits sole source awards to SDVOSBs.

(1) such concern is determined to be a responsible source with respect to performance of such contract opportunity;

Ravens has received acceptable performance ratings on previous/similar efforts and has a Veteran Small Business Certification (VetCert) to fulfill the needs for this acquisition.

(2) the anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 134 of title 41) but will not exceed $5,000,000;

The anticipated purchase order award is $1,016,000M (base plus options) and does not exceed $5M.

(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price that offers best value to the United States.

The quoted rates will be verified using either of the following pricing schedule, the Independent Government Cost Estimate (IGCE), the rates from the previous contract action, and/or 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.

IAW 38 USC 8127 (c) and VAAR § 819.7008 Sole source awards to SDVOSBs (b), “The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. To ensure that opportunities are available to the broadest number of SDVOSBs, this authority is to be used only when in the best interest of the Government.”

An exception applies to Subpart 5.202(a)(4), in accordance with Statute.

Strategic Acquisition Center (SAC)

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 IGCE.

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 The Ravens Group, Inc.has been determined to be a responsible source with respect to performance. They are registered and certified in VetCert (Veteran Small Business Certification (sba.gov)) as an 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 an SDVOSB. In addition, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and The Ravens Group, Inc. represented 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 38 USC § 8127(c) and

VAAR 819.7008.

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

Not Applicable.

Strategic Acquisition Center (SAC)

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.

The agency will handle all future requirements on a case-by-case basis. Toward the expiration of this order, consideration will be given as to whether the future acquisition should be competitive.

12. Certifications / Signatures. Contracting officer certification that the justification is accurate and complete to the best of the contracting officer ’s knowledge and belief.

I certify that this justification is accurate and complete to the best of my knowledge and belief. As this action does not exceed $1,016,000, the certification below required by FAR 6.304 serves as approval.

Strategic Acquisition Center- Frederick

For acquisitions over $750K not exceeding $15M

Approval

In my role as Contracting Activity Competition Advocate, based on the foregoing justification, I hereby approve this acquisition on an “other than full and open competition” basis pursuant to the statutory authority cited in paragraph four above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition. As this action does not exceed $15M, the certification below required by FAR 6.304 serves as approval.

Competition Advocate Strategic Acquisition Center- Frederick