P03 FY24 Tech Strategies BRIDGE - JA FAR Part 6 - SIGNED WE2 (CA Signed).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

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center (SAC), on behalf of the Department of Veterans Affairs (VA), Office of Health Informatics (OHI).

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

This activity proposes to negotiate a non-competitive (sole source) Firm Fixed-Price (FFP) award to IT Concepts, Inc. (ITC), a Service-Disabled Veteran Owned Small Business (SDVOSB), Unique Entity ID (UEID): GJ5YALPQMCH1 for the Veterans Health Information Exchange (VHIE) Professional and Technical Support. This award is necessary to prevent a break in service while a new contract is being competitively procured by the SAC. The current contract, (36C10X23C0019), period of performance ends January 28th, 2024, but services are needed until a new award is issued. This will be the 2nd extension/bridge contract. The reason for the delay is that a consolidated effort to combine VHIE Technical Strategies (36C10X23C0019) and VHIE Community Coordinators (36C10X23C0009) was not approved by OSDBU, which made the requiring activity and contracting need to re-write the consolidated requirement as individual requirements over the holidays. The program office was behind the milestone schedule for that effort. Reviews have also taken longer than anticipated, and it is neither cost-effective or realistic to have a gap in service as there are no other contractors available to perform this critical effort in the interim. This bridge award provides the minimum quantity and performance period to transition to the new competitive contract currently advertised on GSA/FSS.

Impact Statement:

This requirement provides vital professional and technical management services for the Veterans Health Administration (VHA) Office of Health Informatics (OHI) Clinical Informatics and Data Management Office (CIDMO) and their Veterans Health Information Exchange (VHIE) Portfolio of Programs. Tasks involve providing the expertise necessary to enable the VHIE program to improve upon and expand VA’s ability to securely share computable electronic health information with other healthcare providers involved in the provision of care to the Veteran. This involves the application of program and project management services, clinical and health informatics expertise, performance management services, and community outreach in support of all work areas within VHIE. Loss of these services would critically affect the organization’s ability to onboard new HIE partners, with Cerner (EHR) products for Exchange Direct

Strategic Acquisition Center (SAC) and Registries platforms. Additionally, it could negatively impact technical connectivity with external partners and the exchange of information contents validation for Interoperability, which in turn would lead to a decrease in Clinical Adoption for providers to use HIE services and delay the development of Outcome Oriented Measures to show Interoperability progress.

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

The contractor shall provide and deliver professional and technical management services for the Veterans Health Administration (VHA) Office of Health Informatics (OHI) Clinical Informatics and Data Management Office (CIDMO) and their Veterans Health Information Exchange (VHIE) Portfolio of Programs. Tasks involve providing the expertise necessary to enable the VHIE program to improve upon and expand VA’s ability to securely share computable electronic health information with other healthcare providers involved in the provision of care to the Veteran. This involves the application of program and project management services, clinical and health informatics expertise, performance management services, and community outreach in support of all work areas within VHIE. The total estimated value of the proposed action is $786,898.

The anticipated period of performance is:

Base Period: January 29, 2024, through March 28, 2024

(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).

(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 a certified SDVOSB, is technically qualified to meet all requirements, and has performed successfully over the past 3 years as the incumbent.

Strategic Acquisition Center (SAC)

VAAR 819.7008(c) 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:

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

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

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

ITC is a registered and verified SDVOSB. The proposed action meets all three requirements of 38 U.S.C. 8127(c). ITC is verified by VetCert as owned and controlled by a Veteran. ITC possesses the capability to provide the required services and has successfully provided services to VA that are the same as the required services, and are familiar with current policies, processes, and procedures. ITC is determined to be a responsible source with the required knowledge, capabilities, and expertise.

(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(b), Sole source awards to service-disabled veteran-owned small business concerns “The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. To ensure that opportunities are available to the broadest number of SDVOSBs, this authority is to be used only when in the best interest of the Government. A determination that only one SDVOSB concern is available to 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 cost to the Government to be fair and reasonable. This determination will be based on a https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

Strategic Acquisition Center (SAC) 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.

ITC 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 VetCert as a SDVOSB with the NAICS 541519 - Other Computer Related Services, which is the NAICS for this requirement and 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 shows no reports for ITC 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 ITC.

(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, ITC 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.

IT Concepts, INC.

1604 Spring Hill Rd Ste 160 Vienna, VA 22182

(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. This requirement is currently being procured competitively on GSA/FSS.

Strategic Acquisition Center (SAC)

(12) Technical and Requirements Certification:

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: _________________________________ Date: ____________ Teresa Wilhelm Management Analyst / Contracting Officer Representative (COR) Office of Health Informatics (OHI)

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.

Wanda Y. Edwards Contracting Officer (CO) Strategic Acquisition Center – Frederick (SAC-F)

Competition Advocate Approval

In my role as contracting activity Competition Advocate, based on the foregoing justification, I hereby approve this acquisition on an “other than full and open competition” basis pursuant to the statutory authority cited in paragraph four above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition. As this action does not exceed $15M, the certification below required by FAR 6.304 serves as approval.

Efrain J. Fernandez Director of Contracting and Competition Advocate Strategic Acquisition Center – Frederick (SAC-F)

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