JA FAR_Analytical Tool_Updated signed_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS (VA)

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 in Frederick, Maryland, on behalf of the

Department of Veterans Affairs (VA) Office of Public and Intergovernmental Affairs

(OPIA).

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

This activity proposes to negotiate a non-competitive award (sole source) to THUNDERCAT

TECHNOLOGY, LLC., a Service-Disabled Veteran-Owned Small Business (SDVOSB), for the procurement of analysis tool with the capability to evaluate sentiment using social media, news sites, blogs, reviews, boards, videos sites, and other public open-source forums to develop a perceptions landscape. The analytic tool will evaluate the effectiveness of VA media campaigns.

The solution shall include an integrated geospatial display and data-fusion capabilities to display audience perceptions and near-live tracking of the relative efficacy of VA outreach campaigns.

The solution shall consist of visualization capabilities that are easily understandable to allow analysts to gain an understanding of the current VA services utilization.

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

The estimated value for this acquisition is for the use of 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) which permits a contracting officer to award a contract to a verified SDVOSB in a sole source manner when other criteria are met.

THUNDERCAT TECHNOLOGY, LLC will deliver a media campaign analysis solution as a subscription service. The system will provide data visualization capabilities, broad data-source integration, and user-friendly data acquisition and analysis features. THUNDERCAT

TECHNOLOGY, LLC. will be responsible for delivering, maintaining, and modifying the system to achieve Full Operations Capability (FOC), as well as providing onsite training, Extract, Transform, and Load ETL services, and Tier 1-3 technical support throughout the period of performance.

Strategic Acquisition Center (SAC)

THUNDERCAT TECHNOLOGY, LLC will deliver, install, and integrate the VA-configured system to a designated VA site (or host the system at a secure site) to establish Initial

Operational Capability (IOC). The system shall include required modifications and have easily accessible Geospatial fusion and display capability to display social media and provide polling, research, activity, and research data onto a visualization mapping platform as a solution.

(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.§ 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). 38 USC 8127(c) permits a contracting officer to award a contract to a verified SDVOSB using procedures other than competition if:

(1) such concern is determined to be a responsible source with respect to the performance of such contract opportunity;

(2) the anticipated award price of the contract (including options) will exceed the simplified acquisition threshold (as defined in section 134 of title 41)

(3) in the estimation of the contracting officer, the task order award can be made at a fair and reasonable price that offers best value to the United States.

The proposed action meets all three (3) of the requirements of 38 USC 8127(c).

THUNDERCAT TECHNOLOGY, LLC. is also registered and verified in VetCert. As such, THUNDERCAT TECHNOLOGY, LLC. is determined to be a responsible source with respect to the performance of this requirement. Specifically, THUNDERCAT

TECHNOLOGY, LLC. has experience supporting VA and providing qualified personnel capable of meeting the advisement analytical tool, which is critical to the successful completion of this requirement.

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

Strategic Acquisition Center (SAC)

The proposed source for this acquisition is THUNDERCAT TECHNOLOGY, LLC, certified by

VetCert as an SDVOSB. THUNDERCAT TECHNOLOGY, LLC offers the types of support services required under the Performance Work Statement (PWS). Further, THUNDERCAT

TECHNOLOGY, LLC has established partners who have successfully provided similar services to the VA, giving them additional experience that makes them better suited to accomplish the mission most effectively. THUNDERCAT TECHNOLOGY, LLC is also the incumbent contract and has performed satisfactorily, or better, on the current contract and has demonstrated a level of quality that demonstrates they are well equipped to handle the new requirement.

(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 may be made as "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 publicized via the Government Point of Entry (GPE)

IAW FAR section 5.201, and the VA will make publicly available the justification required by FAR 6.305(a) within 14 days after the task order 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 comparing current contract pricing, past proposal submissions (if available), other available information, and an Independent

Government Cost Estimate. The CO will determine that the anticipated cost to the government is fair and reasonable, providing the best value to the United States.

(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 by analyzing similar acquisition strategies used to procure comparable services, along with the contracting vehicles utilized for these acquisitions. The research involved reviewing several sources:

- FPDS: Identified companies providing IT services, but none that fully addressed all of the specific needs outlined in the Performance Work Statement (PWS).

Strategic Acquisition Center (SAC)

- SBA: Found contracts that aligned with the requirements, and the SBA has introduced programs that can scale with our evolving needs.

- GSA e-library: Identified programs similar to the requirements; however, these do not fully address all of the needs as the operations continue to expand.

- SAM: Located vendors offering services similar to the requirement, though not all vendors met our specific requirements.

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 VetCert (https://veterans.certify.sab.gov) as an SDVOSB with the NAICS code

519290 – Web Search Portals and All Other Information Services for this requirement, which is 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.

THUNDERCAT TECHNOLOGY, LLC’s performance, as reflected in their Contractor

Performance Assessment Reporting System (CPARS) evaluation, consistently achieved the ratings of satisfactory or above. These assessments demonstrate the contractor’s ability to meet or exceed expectations across various contracts, indicating reliable and competent performance in delivering the required serviced.

(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 USC 8127(c).

THUNDERCAT TECHNOLOGY, LLC is a responsible SDVOSB for the performance of the services described herein, and the proposed task order 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.

Although an Intent to Sole Source was posted to sam.gov with an active period of 08/21/2024 through 08/26/2024 no responses have been received expressing interest in the procurement.

(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 for this service will be handled and evaluated on a case-by-case basis

Strategic Acquisition Center (SAC) to determine the most appropriate acquisition strategy. Before the expiration of the current task order, the VA will evaluate market conditions, the availability of capable suppliers, and any other factors that may have previously limited competition. Efforts will be made to identify and engage potential contractors who can meet the program office's needs to develop the number of eligible contractors and increase competition. This could include conducting deeper market research, reaching out to SDVOSB/VOSBs, or modifying the scope or specifications of the requirement. Ultimately, the decision to pursue a competitive acquisition will be made after a thorough analysis of the needs and competitive landscape at the time.

(12) Certifications/Signatures

Approval

Justin Cole Date

Contracting Officer

Strategic Acquisition Center - Frederick

9/17/24