P03 JA FAR Part 6 2022_RADSS - 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, 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 (SAC), on behalf of the Department of Veterans Affairs (VA), Office of Research and Development (ORD).

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

This activity proposes to negotiate a non-competitive Firm-Fixed-Price sole source award to Rios Partners LLC., a Service-Disabled Veteran-Owned Small Business (SDVOSB), to provide support services for the Research Enterprise Transformation initiative which will increase integration between the Veterans Health Administration Central Office (VHACO) and Research and Development Field Offices.

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

The Office of Research and Development requires contracted services to provide program management and integration for the research enterprise transformation initiative and related priorities to include: research enterprise realignment and transformation; establishment of research actively managed portfolios and associated operational structure; establishment of research broad portfolios; strategy, governance and change management services; information and data governance program development; and improvement of finance processes. The contractor will also be required to provide tiger team support to launch new initiatives and to aid ORD in managing risk for the implementation of those initiatives. These efforts aim to better integrate ORD into research field offices to improve study/clinical trial start times and maximize use of the research appropriation. The estimated value for this acquisition is $3,307,541 for a period of performance of 12-months. This acquisition does not contain any options.

Strategic Acquisition Center (SAC)

(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 Research Enterprise Transformation initiative is a highly specialized initiative requiring detailed knowledge of the current research enterprise’s integration with the VA field research offices, the use of the research appropriation in association with the VA field research offices, detailed knowledge of VHA human capital requirements of Title 38, and the sub initiatives that comprise the Research Enterprise Transformation.

VA Acquisition Regulation (VAAR) 819.7008 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) shall not exceed $5 Million.

The estimated value for this one-year contract (there are no options) is $3,307,541.

2) The Justification prepared pursuant to FAR 6.302-5(c)(2)(ii) shall be posted in accordance with FAR subpart 5.301(d).

This J&A will be posted on System for Award Management (SAM) Contract Opportunities.

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

Rios Partners, LLC is a registered Small Business Administration (SBA) Veteran certified SDVOSB. This was verified on 2/20/2024 and saved to the contracting file.

4) In the estimation of the Contracting Officer, contract award can be made at a fair and reasonable price that offers the 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.

Strategic Acquisition Center (SAC)

The Contracting Officer has determined that the use of this authority is in the best interest of the Government based upon the fact that Rios Partners, LLC is technically capable to perform the work under this contract.

(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 819.7007(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, 819.7007(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 3/6/2024 and closed on 3/8/2024 at 3:00 PM EST. The notice of intent to sole source resulted in zero (0) responses 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.

Rios Partners, 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 541611 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 Contractor Performance Assessment Reporting System (CPARS) was reviewed and CPARS shows no reports for Rios Partners, 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.

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)

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

The 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, Rios Partners, 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. The current contract is being performed on a Labor Hour basis, which was appropriate at the time of award. However, contracting best practices stipulate that the government should move away from the use of labor hour contracts as the requirement is more solidified and performance measures are well known. This contract will move away from labor hours to a FFP contract type because the government now has well established requirements and Rios Partners, LLC. has been performing to the government’s standards.

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

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”. Posting of the proposed contract action is not required per the exception found at FAR 5.202(a)(4).

(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 use of Public Law 109-461, Section 502(c) should not be viewed as a barrier to competition, rather the fulfillment of the VA’s commitment to supporting SDVOSB’s through the Veterans First Contracting Act. The program office will, however, continue to complete thorough market research to identify capable SDVOSBs to promote future competition.

Strategic Acquisition Center (SAC)

(12) Certification/Signatures

Technical Representative Certification:

I certify that the foregoing justification is complete and accurate to the best of my knowledge and belief.

Ashanti Berrien Date:

Special Assistant to the CRADO VHA Office of Research and Development

Contracting Officer Certification:

I certify that this justification is accurate and complete to the best of my knowledge and belief.

Melissa Ramirez Date:

Contracting Officer Strategic Acquisition Center

For acquisitions over $750K not exceeding $15M

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.

Signature: _________________________________ Date: ____________

Efrain J. Fernandez Director of Contracts, Acquisition Services 1-3 Procuring Activity Advocate for Competition (SAC-Frederick) Strategic Acquisition Center