Attachment 1 Single Source Justification MPT to SAT_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Justification for Single Source Awards For

Over Micro-Purchase Threshold but Not Exceeding the SAT ($250K)

Acquisition Plan Action ID: 36C241-24-AP-0415

1. Contracting Activity: Department of Veterans Affairs, VISN 1, NCO 1 on behalf of the Maine

Healthcare System, Maine. The purchase request number is 402-24-1-7029-0006.

2. Brief Description of Supplies/ Services required and the intended use/Estimated Amount: The VA

Maine Healthcare System (HCS) requires a virtual live/interactive virtual platform offering wellness services to include Yoga, Tai Chi, Meditation, and Guided Imagery and other live modalities. The VA Maine HCS includes 45,000 Veterans and their caregivers as well as 1,900 employees. This requirement is for one base year and four (4) one-year option periods. Each year of required services is estimated to cost approximately , totaling for the five-year duration of the contract.

3. Unique characteristics that limit availability to only one source, with the reason no other supplies or services can be used: Pursuant to FAR 6.302-5, the Agency is relying on its statutory authority in 38 U.S.C. § 8127(b) and regulatory authority in VAAR 819.7008, to award a contract on a sole-source basis to Sofia Health, LLC, a service-disabled veteran owned small business (SDVOSB). VAAR 819.7008(b) states that: “The Contracting Officer’s determination to make a sole source award is a business decision wholly within the discretion of the Contracting Officer. . .. This authority is to be used only when in the best interest of the Government.” After several attempts to competitively award a contract for this requirement, I have determined that awarding a sole-source contract to Sofia Health is in the best interest of the Government. Sofia Health can perform the required services and an award can be made at a fair and reasonable price based on an evaluation of Sofia Health’s quoted pricing provided in response to the prior solicitations. The anticipated award price of the contract with Sofia Health for all option periods will not exceed the simplified acquisition threshold (SAT) amount of $250,000.00 pursuant to the parameters of 38 U.S.C. § 8127(b) for a sole-source contract with a SDVOSB.

4. Description of market research conducted and results or statement why it was not conducted: No additional market research was conducted for this justification because I conducted market research on three separate occasions prior to the issuance of each of the four previous solicitations for this requirement.

Request for Quotations (RFQ) No. 36C24123Q0380 was issued on March 2, 2023, as a small business set aside. Nine (9) offerors submitted quotations in response to the solicitation. was one of three SDVOSBs to submit a quotation. quotation was found to be technically acceptable but did not represent best value when compared to the other offerors’ quotations. The other two SDVOSB offerors were not eligible for award because their quoted prices were determined not to be fair and reasonable. quoted a price of per year for services totaling . Contract No. 36C24123P0537 was awarded to Digital Asan, LLC d/b/a

Ompractice, on March 28, 2023, under RFQ 36C24123Q0380, with a total contract value of $195,000.00. , a Veteran-owned small business (VOSB), filed a post-award Agency protest with the Contracting Officer on April 5, 2023, requesting an independent review by the Executive Director of the VA Officer of Acquisition and Logistics. The Agency issued a decision responding to the protest on April 21, 2023. The Agency decided to terminate the contract, cancel the solicitation, and revise the Agency’s requirements.

RFQ No. 36C24123Q0775 was issued on June 8, 2023, as a small business set aside. Only one offeror submitted a quotation, but I was unable to award a contract because the pricing was found not to be fair and reasonable.

RFQ No. 36824123Q0851 was issued on July 23, 2023, as a small business set aside. Eight (8) offerors submitted quotations in response to the solicitation. was one of two SDVOSBs to submit a quotation. The other SDVOSB offeror’s quotation was not eligible for award because the offeror was not registered in VetCert as a SDVOSB joint venture. Sophia Health’s quotation was found to be technically acceptable and represented best value when compared to the other quotations. Contract No. 36C24123P0964 was awarded to Sophia health on July 24, 2023, under RFQ No. 36C24123Q0851 in the amount of $180,000.00.

filed a post award protest with the Government Accountability Office (GAO) on July 29, 2023, designated as B-421844.1. is a small business. GAO dismissed the protest on August 16, 2023, based on the agency’s decision to take corrective action to terminate the contract, amend the solicitation, request revised quotations, evaluate all revised quotations, and make a new award decision.

RFQ No. 36C24123Q1065 was issued on September 8, 2023, as a small business set aside.

filed a pre-award protest with GAO on September 14, 2023, designated as B-421969.1. GAO dismissed the protest on October 11, 2023, based on the Agency’s decision to take corrective action to cancel the solicitation and award a contract directly to Sofia Health.

Prior to the issuance of RFQ Nos. 36C24123Q0380, 36C24123Q0775/36C24123Q0851, and 36C24123Q1065, I conducted market research and was unable to determine that the VA Rule of Two in 38 U.S.C. § 8127(d) had been satisfied, which is why none of the previous solicitations were set aside solely for SDVOSBs. As further supported by the record, Sofia Health was the only SDVOSB to submit an awardable quotation with fair and reasonable pricing in response to the previous solicitations. I have determined that Sofia Health is capable of performing the required services and I have made an affirmative determination of Sofia Health’s responsibility. Additionally, Sofia Health is registered and verified in VetCert as a SDVOSB. The Agency is required to set aside procurements in accordance with 38 U.S.C. § 8127(d) only when the Agency does not use its sole-source authority under the Veterans First Contracting Program.

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

Tara Dossiema Date Contracting Officer

TARA DOSSIEMA

Digita ly signed by TARA DOSSIEMA DN: c=US o=U S Government ou=Department of Veterans Affairs ou=People cn=TARA DOSSIEMA 0 9 2342 19200300 100 1 1=0000522350136001 Date: 2023 11 08 07:04:28 05'00'