36C10X20C0092 Heathcare Technology Managenent (HTM) Support Services- JA.docx

Contract Opportunity Justification and Approval Notice

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* = Required Field Contract Opportunity Justification and Approval Notice R425 HTM Support Services - COVID-19 (VA-20-00091501)

21703 36C10X20Q0260 36C1020C0092

N 541611 Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703 Hermann.Degbni@va.gov Allen L Smith Allen.Smith3@va.gov 240-439-6448

FAR5

36C10X20C0092

$998,225.00

09-22-2020

SIGMA HEALTH CONSULTING, LLC

204 ELDRID DR

SILVER SPRING

MD

20904 https://www.va.gov/opal/sac/index.asp To learn more about SAC and its mission, please click here

The posting of the below J&A (Vets First Sole Source- Authorized by Statute) was missed due to an oversight in September 2020. The below justification was prepared and approved in accordance with regulations.

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 in Frederick, Maryland on behalf of the Department of Veterans Affairs (VA), Office of Healthcare Technology Management (HTM, 10NA9) located at 470 L’Enfant Plaza East, SW Suite 3100 Washington, DC 20024.

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

This activity proposes to negotiate a one-year, non-competitive contract (sole-source) with SIGMA HEALTH CONSULTING, LLC a verified Veteran-Owned Small Business (VOSB) to provide strategic Biomedical Engineering professional and technical services for HTM. The anticipated period of performance for the awarded contract is 9/9/2020 to 9/8/2021.

3. A description of the supplies or services required to meet the agency’s needs (including the estimated value).

The Government requires contractor support to provide strategic Biomedical Engineering professional and technical services for HTM. The contractor shall provide facilitation, program/project management, and subject matter experts using best business and industry practices in order to strengthen and improve HTM/Biomedical Engineering’s operations in support of COVID-19 efforts. The scope of work and work products are inclusive of analyses, facilitation of meetings, research, and reviews of proposed mission and program requirements.

The total estimated value of the proposed action is $897,253.76.

4. An identification of the statutory authority permitting other than full and open competition.

The statutory authority permitting other than full and open competition for this procurement is 41 U.S.C. § 3304(a)(5) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302-5 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).

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited.

VAAR 819.7008 states explicitly “A determination that only one VOSB can meet the requirement is not required,” and that using this authority, the following must be verified:

(1) The anticipated award price of the contract will not exceed $5 million--(the estimated value of the proposed action is $897,253.76)

(2) The Justification is prepared pursuant to FAR 6.302-5(c)(2) (ii) is posted in accordance with FAR subpart 5.301(d)--(The J&A will be posted on FBO).

(3) The VOSB concern has been determined to be responsible with respect to performance—(SIGMA HEALTH CONSULTING, LLC is registered and VIP-verified as owned and controlled by a Veteran. SIGMA HEALTH CONSULTING, LLC has successfully performed and currently provides these services to the VA, demonstrating that they have the expertise and experience required for successful performance. SIGMA HEALTH CONSULTING, LLC is registered in the System for Award Management (SAM) as a VOSB under the applicable North American Industry Classification System (NAICS) code 541990- All Others Professional, Scientific, and Technical Services.)

(4) In the estimation of the contracting officer, contract award can be made at a fair and reasonable price that offers best value to the Government.—(This determination will be based on a comparison of the proposed price to the Independent Government Cost Estimate, which is based upon historical prices for nearly the same services.)

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 VAAR § 819.7008 Sole source awards to a verified Veteran-owned small business concerns, (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…” and (c) “A determination that only one VOSB can meet the requirement is not required…”

A notice of the proposed action will be synopsized via the Government Point of Entry (GPE) in accordance with FAR Section 5.201, and the agency will make publicly available the justification required by 6.305(a) within 14 days after contract award.

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 costs to the Government to be fair and reasonable. This determination will be based on the Government’s IGCE; historical pricing data agreed to in one or more VA contracts for the same or similar services complemented; and/or by an assessment of the level of effort and labor mix proposed as the basis for its firm fixed price.

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 SIGMA HEALTH CONSULTING, LLC has been determined to be a responsible source with respect to performance. They are registered and certified in VetBiz.gov as a VOSB 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 VOSB. In addition, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and SIGMA HEALTH CONSULTING, LLC has no exclusions.

In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for SIGMA HEALTH CONSULTING, LLC that would indicate defective pricing, instances of contractor fault or recipient not-qualified, terminations for cause, default or material failure to comply, or non- responsibility of the contractor.

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 VAAR 819.7008.

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

SIGMA HEALTH CONSULTING, LLC 7918 Jones Branch Dr Suite 240, McLean, VA 22102

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 Government anticipates the requirements under this action, driven by COVID-19 are limited in duration and no follow-on contract will be necessary. Still, all future requirements will be handled on a case-by-case basis. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive.

Approved by Activity Competition Advocate on 9/10/2020.