Sole Source JA - SDVOSB PL 109 - Book Zurman Inc. (2).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

(1) Identification of the agency and the contracting activity, and specific identification of the document as a "Justification for Other Than Full and Open Competition."

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), Veterans Health Administration (VHA), Digital Health Office (DHO).

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

This J&A approves the sole-source award of a contract to Book Zurman Inc. for the immediate recovery and continuation of critical program requirements until the VA's Integrated Health Technologies 2.0 (IHT 2.0) contract is finalized. The contract will provide specialized services crucial to the VA's Standards and Interoperability community.

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

The services required include management and execution of interoperability standards, ensuring compliance with health IT standards, and supporting VA’s mission-critical programs.

The period of performance is expected to be one year, and the estimated value of the contract is $2,297,276.61.

(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.§ 253(c)(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).

Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103

Frederick, MD 21703

(5) Demonstration that the Proposed Contractor’s Unique Qualifications or the Nature of the Acquisition Requires Use of the Authority Cited

Book Zurman Inc. was the incumbent contractor from 2016 to 2021 and consistently achieved exceptional performance ratings in CPARs, meeting all expectations from the program office. Book Zurman Inc. is highly respected in the Standards and Interoperability community and is qualified to promptly restore the program office's effectiveness to its former level.

A determination that the vendor has unique qualifications, meaning this vendor alone can satisfy the requirement is not required under VA Acquisition Regulation (VAAR)

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

(a) A contracting officer may award a contract to a VIP-listed service-disabled veteran-owned small business (SDVOSB) using other than competitive procedures provided –

(1) The anticipated award price of the contract (including options) will not exceed $5 million;

This requirement has an estimated value of $2,297,276.61.

(2) The requirement is synopsized and the required justification pursuant to FAR 6.302- 5(c)(2)(ii) is posted in accordance with FAR part 5;

The J&A will be posted on System for Award Management (SAM) Contract Opportunities within 14 days of contract award.

(3) The SDVOSB has been determined to be a responsible contractor with respect to performance; and

The Contracting Officer has review the CPARS records and Integrity reports for similar efforts conducted by Book Zurman, Inc. and has determined that the contractor to be responsible with respect to performance.

(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.

Historical prices along with market research for similar services shall assist with making a fair and reasonable price determination, prior to award.

5) The Contracting Officer has determined that the use of this authority is in the best interest of the Government based upon the fact that Book Zurman, Inc. is technically

Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103

Frederick, MD 21703 capable to perform the work under this contract and has performed this requirement previously with exceptional CPARS ratings.

(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.

In accordance with 819.7008(b), the determination to make a sole source award to an SDVOSB is a business decision wholly within the discretion of the Contracting Officer;

therefore, the requirement to ensure that offers are solicited from as many potential sources as practicable is not applicable to this procurement. In addition, 819.7008(c) further authorizes the Contracting Officer to make the award without first determining that only one SDVOSB source can meet the requirement. A notice of the proposed action was 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. The notice of intent to sole source was published on SAM.gov on 7/25/2024 and closed on 7/30/2024 at 10:00 AM EST. The notice of intent to sole source resulted in one (1) response from potential offerors.

(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, an Independent Government Cost Estimate, past proposal submissions (if available), and other information as made available.

(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 included reviewing past performance records, consulting with subject matter experts, and analyzing the capability of potential vendors. Further, the information obtained from SBA VetCert, the Government identified potential SDVOSB sources which included Book Zurman Inc. The select services are not readily available on an existing purchasing vehicle (such as a GWAC, Internal IDIQ, GSA FSS, etc.)

This effort was slated to be one of the first Task Orders for the IHT 2.0 IDIQ. However, due to delays with the IDIQ award, this requirement has been updated to a one-year effort to acquire services using the Veterans First Contracting Act authority at VAAR

819.7008 (PL 109) as a sole source to the certified SDVOSB, Book Zurman, Inc.

It was determined that Book Zurman Inc. can meet the immediate needs due to their proven track record and expertise.