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FBO DAILY ISSUE OF SEPTEMBER 26, 2010 FBO #3228
DOCUMENT

R -- VBA - Litigation Support Services, Philadelphia, PA - Justification and Approval (J&A)

Notice Date

9/24/2010
 

Notice Type

Justification and Approval (J&A)
 

NAICS

561320 — Temporary Help Services
 

Contracting Office

Center Acquisition Innovation Frederick;Department of Veterans Affairs;7485 New Horizon Way;Frederick MD 21703
 

ZIP Code

21703
 

Solicitation Number

VA79810RQ0215
 

Response Due

9/15/2010
 

Archive Date

10/24/2010
 

Point of Contact

Stephen Nickles, Contract Specialist
 

E-Mail Address

Replogle,
 

Small Business Set-Aside

N/A
 

Award Number

VA798-10-D-0135
 

Award Date

9/24/2010
 

Description

JUSTIFICATION AND APPROVAL TO PROCURE USING OTHER THAN FULL AND OPEN COMPETITION 1. Identification of Agency and Contracting Activity. This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Center for Acquisition Innovation (CAI) Frederick, Frederick, MD. 2. Nature/Description of Action. This activity proposes to negotiate a noncompetitive award (sole source) with Management Support Technology, Inc. (MSTI) for the procurement of services for: 1) Litigation Support Services. 3. Description of Supplies/Services. The Department of Veterans Affairs' (VA) Veterans Benefits Administration (VBA) is seeking on-site contractor Litigation Support Services. Under a court order from the U.S. District Court for the Northern District of California in Nehmer v. U.S. Department of Veterans Affairs, VA must re-adjudicate previously denied medical benefit claims filed by "Nehmer" class members and provide retroactive benefits to the date of the prior claim to such individuals. The services related to this procurement include hiring a contractor to download various claims documents from a VA database, saving those documents to a CD, and sending the information to VA Office of General Counsel (OGC) use in re-adjudicating related claims. This requirement involves claims filed or denied from as early as September 25, 1985. The contract is considered an Indefinite Delivery/Indefinite Quantity (IDIQ) requirement and no exact quantity will be specified, although minimum and maximum order amounts have been established. The proposed Base Period is estimated to begin on or about September 27, 2010 and continue through September 26, 2011. An option period will be available for the period of approximately September 27, 2011 through February 26, 2012. The minimum dollar value is $83,000.00, and the maximum dollar value is $828,360.00 over the life of the contract. 4. Identification of Statutory Authority. The statutory exception permitting other than full and open competition for this acquisition is 41 U.S.C. 253(c)(5), Authorized or Required by Statute as implemented by FAR 6.302-5. The applicable statute is Public Law 109-461, Veterans First Contracting Program. 5. Demonstration of Contractor's Unique Qualifications. MSTI has successfully performed the same or similar support services for Government agencies in the past. MSTI scored the highest overall rating ("Outstanding") on recent past performance reports from other Government agencies when performing the same or similar services. MSTI has 18 years of commercial experience in converting paper files to computer databases, as well as in capturing electronic documents and data files and storing these files to CD-Rom format. Additionally, the location of performance is required to take place at a Government facility in Philadelphia. MSTI has the current capacity and capability to provide the needed services for this particular location. Furthermore, MSTI is a certified Service Disabled Veteran Owned Business and is qualified to receive a sole source contract through Public Law 109-461, Veterans First Contracting Program. 6. Description of efforts made to ensure offers are solicited from as many potential sources as practicable. A notice of intent to sole source will be posted in the Federal Business Opportunity System pursuant to the Federal Register Vol. 74, No. 234 (Department of Veterans Affairs, VA Acquisition Regulation Supporting Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses) Final Rule #5. Future competition for award will be considered on a case-by-case basis for award. 7. Determination of Fair and Reasonable Prices. No award shall be made until the Contracting Officer determines the costs to the Government to be fair and reasonable. This determination will be based on a comparison of other contract's for same or similar services, the contractors public price list, GSA Schedule Pricing and MSTI's quote. 8. Description of Market Survey. Market research was conducted using VetBiz.gov. We determined that MSTI is a responsible source with respect to this contracting opportunity. They are registered and certified in 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. 9. Other facts supporting the use of other than full and open competition. PL109-461 Section 502(c) states: SOLE SOURCE CONTRACTS FOR CONTRACTS ABOVE SIMPLIFIED ACQUISITION THRESHOLD. For purposes of meeting the goals under subsection (a), and in accordance with this section, a contracting officer of the Department may award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures if: (1)Such concern is determined to be a responsible source with respect to performance of such contract opportunity; (2)The anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) but will not exceed $5,000,000; and (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. This procurement meets all of these conditions. 10. Listing of Interested Sources. Management Support Technology, Inc. 9990 Fairfax Boulevard Suite 300 Fairfax, VA 22030 703-385-5841 (c) 703-385-5843 (fax) www.msti-net.com 11. Actions Taken to Remove Barriers to Competition. All future requirements will be handled on a case-by-case basis. CERTIFICATIONS Technical Representative Certification: I certify that the foregoing justification is complete and accurate to the best of my knowledge and belief. ________________________________ Date Contracting Officer's Technical Rep 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. ___________________________________ Date Contracting Officer Competition Advocate Upon the basis of the above justification, I hereby approve, as Competition Advocate, the solicitation of the proposed procurements described herein using other than full and open competition, pursuant to the authority of 41 U.S.C. 253 (c)(1). ___________________________________ Date Competition Advocate
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/VA/AFMLOVASS/VASSMD/VA79810RQ0215/listing.html)
 

Document(s)

Justification and Approval (J&A)
 

File Name: VA798-10-D-0135 VA798-10-D-0135_1.docx (https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=158819&FileName=VA798-10-D-0135-000.docx)

Link: https://www.vendorportal.ecms.va.gov/FBODocumentServer/DocumentServer.aspx?DocumentId=158819&FileName=VA798-10-D-0135-000.docx

 

Note: If links are broken, refer to Point of Contact above or contact the FBO Help Desk at 877-472-3779.
 

Record

SN02295687-W 20100926/100924234805-19bc895cfa7623ee2d147fd2ecb1daf0 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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