JUSTIFICATION FOR SERVICE DISABLED VETERAN OWNED SMALL BUSINESS (SDVOSB) CONTRACT AWARD Pursuant to 38 U.S.C. 8127(c) and the provisions of Department of Veterans Affairs Office of Acquisition and Material Management (OA&MM) Information Letter IL-109-7. VISN 6 has an urgent requirement for Certified Nursing Assistant (CNA) Sitter services at the Durham VAMC. The original requirement was for 1-month and competed amongst FSS holders, which resulted in an award to a Large Business. Since that time, the contract has been extended several times and is now out of scope. The current contract expires on August 31, 2009. Continuity of services is critically important to mission success. Therefore, it is recommended that a short-term contract be awarded in the interim to allow sufficient time for competition of the long-term contract. It is recommended that a sole source Service Disabled Veteran Owned Small Business (SDVOSB) award be made to Washington Development Group, LLC, effective September 1, 2009. This vendor has proven past performance in this area. A new contract start date of September 1, 2009 will allow for an efficient contract transition. In accordance with FAR 6.302 "Circumstances Permitting Other than Full and Open Competition," the following statutory authority is cited as justification to award a sole source SDVOSB contract valued more than $25,000 (simplified acquisition threshold) and less than $5,000,000 (authority ceiling limit) Far 6.302-5 "Authorized or Required by Statute" (a) Authority. (1) Citations: 10 U.S.C 2034(c)(5) (2) Full and Open Competition need not be provided for when - (i) A statute expressly authorizes Statute: P.L 109-461 Sec. 502 as codified in 38 U.S.C. 8127(c) 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. The contracting officer has validated that the contractor is registered and certified in the VA VetBiz.gov data base and qualifies as "small" in accordance with federal small business size standards for the applicable North American Industry Classification System (NAICS) code assigned to the procurement. The Contracting Officer has determined the contractor to be a responsible source with respect to performance of such contracting opportunity by: (check all that apply) ( X ) Past Performance Survey ( ) Validation of contractor GSA FSS or GWAC contract ( X ) Prior VA Contracts The contract price of $499,006.00, including options, is within the limits for the sole source award authority. The Contracting Officer estimates that the contract award can be made at a fair and reasonable price and offers the best value to the United States based upon: (check all that apply) ( ) Marketing Survey ( X ) Comparison of Commercial Prices ( ) Validation of contractor GSA FSS or GWAC contract.