36C10X24P0088_1.docx

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103 Frederick, MD 21703

GENERAL INFORMATION

Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick MD 21703

AWARD INFORMATION

ADDITIONAL INFORMATION

Award Notice Award Notice

DESCRIPTION

Award Notice

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 for an exception to fair opportunity is executed by the Strategic Acquisition Center- Frederick (SAC-F), on behalf of the Department of Veterans Affairs (VA), Office of Healthcare Technology Management (HTM) Program Office.

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

This activity proposes to negotiate a non-competitive award firm fixed price sole source award to ThunderCat Technology, LLC, a Service-Disabled Veteran-Owned Small Business (SDVOSB), that will allow VISN 8 to connect the appliance to the existing VISN 2 servers to save space on the HTM Program Office (19HTM) servers.

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

Glassbeam software and services will be installed at the Orlando SimLearn National Simulation Center in order to connect to medical devices and identify proactive alerts based off the device's logs, this will allow VISN 8 to connect the appliance to the existing VISN 2 servers to save space on the HTM Program Office (19HTM) servers: Hyperconverge Infrastructure (HCI).

Training is only requested for the base year. Whereas, Vital Sign Software, Anesthesia Software, Infusion Software is an annual expense.

Total estimated value of the acquisition Base-Plus-Four (B+4) option years is in the amount of $XX,XXX.XX.

(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 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 U.S.C.§ 8127(c) and VAAR 806.302-570(c).

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

The proposed source for this acquisition is ThunderCat Technology, LLC, 11190 Sunrise Valley DR STE 200, Reston, VA 20191-4393. ThunderCat Technology, LLC is a certified SDVOSB per SBA VetCert and is technically qualified to provide software from Glassbeam, Inc. who is a small business IAW 13 CFR § 121.406(b)(1) non-manufacturer.

(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 will be synopsized via SAM.gov, 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 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.

ThunderCat Technology, LLC has successfully supported VA in similar efforts and has been determined to be a responsible source with respect to performance. They are registered and verified in SBA VetCert as a SDVOSB with the NAICS code 541519 for this requirement which in accordance with Public Law 109-461, Section 502(c) meets the requirements of this statute to allow a sole source to a SDVOSB.

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

(9) Any other facts supporting the use of other than full and open competition.

The Procuring Contracting Officer has determined that this proposed action meets all the requirements of 38 U.S.C. 8127(c). This acquisition is below the $5,000,000.00 threshold, ThunderCat Technology, LLC is a responsible SDVOSB for performance of the services described herein, and the proposed contract can be awarded at a fair and reasonable price.

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

ThunderCat Technology, LLC 11190 Sunrise Valley DR STE 200 Reston, VA 20191-4393

UEI: UER4AJLUB8D5

Patrick Staul

(717) 385-0477 pstaul@thundercattech.com

(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.

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 will be available for competitive.

(12) Evidence that any supporting data that is the responsibility of technical or requirements personnel (e.g., verifying the Government’s minimum needs or requirements or other rationale for an exception to fair opportunity) and which form a basis for the justification have been certified as complete and accurate by the technical or requirements personnel.

I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Signature: ES________________________________________________ Connor Walsh Program Manager VHA Office of Healthcare Technology Management (19HTM)

(13) 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 $750,000, the certification below required by FAR 6.304 serves as approval.

Signature: ES________________________________________________ Alea Barnes Contracting Officer Strategic Acquisition Center – Frederick (SAC-F) Division Chief, Acquisition Service 1 - Division E (AS1E) image1.jpeg