P03 VHAPG Part 816.505 Atch1 Exception to Fair Opportunity - Biopoint signedbh.pdf

Attachment 1: Request for Exception to Fair Opportunity Memo Format

Effective Date: 03/15/2023 Revision: 02

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For

Exception to Fair Opportunity Memo

Acquisition Plan Action ID: 36C262-24-AP-2561

1. Contracting Activity: Department of Veterans Affairs, VISN 22, NCO 22 located in Long Beach, CA on behalf of Station 691 Greater Los Angeles VA Medical Center. Seeks to procure Upgrade Biopoint Patient ID Software Application using Justification for Other Than Full and Open Competition Exception to Fair Opportunity in purchase request: 691-24-2-4097-0056.

2. Description of Action: Proposed exception to fair opportunity task order against NNG15SD34B is for an eight (8) month firm-fixed price (FFP) software application upgrade effort to Minburn Technology

Group, LLC (SDVOSB) a Biopoint authorized distributor / reseller. This is a new requirement to provide follow-on application version upgrades that will include new features and enhanced functionality (VPN access required).

3. Description of Supplies or Services: Requirement is for the purchase to Upgrade Biopoint Patient ID

Software Application System used for patient monitoring and tracking. Software system must be compatible with current existing system and available for immediate use with no start-up or implementation period. Estimated cost: $18,720.00 USD (there are no options or extensions under this contract).

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41

U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i):

(X) FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

( ) FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized.

( ) FAR 16.505(b)(2)(i)(C): The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.

( ) FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee.

( ) FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source”. The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans

Effective Date: 03/15/2023 Revision: 02

First Contracting Program which provides the authority to directly contract with a Service-Disabled

Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB).

5. Rationale Supporting Use of Authority Cited Above: Requirement is for the purchase to Upgrade

Biopoint Patient ID Software Application System used for patient monitoring and tracking. Software system must be compatible with current existing system and available for immediate use with no start-up or implementation period.

If this is a Brand Name Justification: This is a brand name justification in support of FAR 11.105, Items

Peculiar to One Manufacturer – Upgrade Biopoint Patient ID software application system and is essential to the Government’s requirement.

6. Efforts to Obtain Competition: A description of efforts made to ensure that offers are solicited from as many potential sources as is practicable.

Limited market research (MR) performed due to urgency, time constraints, and critical / unique nature of proprietary sole source requirement. Results of SBA VetCert Query by applicable NAICS Code of 513210 identified 142 potential SDVOSB/VOSB vendors. In accordance with VAAR 819.7008, Minburn Technology

Group is an SDVOSB vendor and authorized distributor / reseller of Biopoint Patient ID software application system required for use at the Greater Los Angeles VA Healthcare System. There is no competition anticipated for this acquisition.

7. Actions to Increase Competition: Describe actions taken, or that will be taken, to remove or overcome any barriers to competition before initiating any subsequent acquisitions for the supplies, or services required, including challenges to restrictive data markings, data rights, preparation of a performance-based work statement, and etc.

The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed. However, this upgrade to existing application software must be performed by original equipment manufacturer or authorized distributor / reseller.

8. Market Research: Provide a description of the market research conducted among the contract holders and the results. If market research was not conducted, the reasons it was not conducted should be stated. When citing FAR 16.505(b)(2(i)(b) or FAR 16.505(b)(2)(i)(e), the only possible way to state in paragraph 5 of the J&A that there is only one contractor who can fulfill the agency’s needs is to conduct market research, and it should be summarized here.

The Government’s technical experts conducted limited market research. This market research is an ongoing process since product inception and is continuously being conducted, as recently as October

2023. There is no other available software in the marketplace per VA’s subject matter experts that can meet agency need of interoperability and compatibility requirements with current / existing systems given time constraints. Based on these market research efforts, the VA’s subject matter experts have determined that only Upgrade Biopoint Patient ID Software Application can meet VA agency needs.

Effective Date: 03/15/2023 Revision: 02

9. Other Facts:

10. 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.

(This signature is the requestor’s supervisor, fund control-point official, chief of service, someone with responsibility and accountability)

Name: Date Title:

Facility: 691 – Greater Los Angeles VA Healthcare System

11. Determination that Anticipated Cost is Fair and Reasonable: A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: (insert the methods that will be used to determine a fair and reasonable price). Anticipated costs are determined fair and reasonable based on established NASA-SEWP V NNG15SD34B schedule pricing and historical pricing on review by station 691 subject matter experts.

12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

CECIL S. NICHOLS

Contracting Officer NCO 22 / Supply 2

13. Approvals in accordance with VHAPG Part 816.505 Indefinite Delivery Contracts: Ordering.

a. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

DAVID CHAKKA

NCO 22 / Division Chief

HIGHER LEVEL APPROVAL (Required for orders over $750,000):

b. VHA Advocate for Competition/Head of Contracting Activity (HCA) REVIEW AND APPROVAL (over $750,000 to $15 million): I have reviewed the foregoing justification and find it to be

1/31/24 https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPG/VHAPG_Part_816.505.aspx

Effective Date: 03/15/2023 Revision: 02 complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Name Date VHA Head of Contracting Activity (HCA)

c. VHA Head of Contracting Activity (HCA) Approval (over $15 million but not exceeding $75 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Name Date VHA Head of Contracting Activity (HCA) Department of Veterans Affairs

d. VHA Senior Procurement Executive Approval (over $75 million): I have reviewed the foregoing justification and find it to be complete and accurate to the best of my knowledge and belief and approve for other than full and open competition.

Angela Billups, Ph.D. Date Senior Procurement Executive (SPE) Department of Veterans Affairs