Implementation Coordinators - JA FAR 6.302-5 - VHIE Implementation Coordinators Bridge - Signed WE (ejf).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), Health Informatics (HI) Interoperability Office (IO).

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

This activity proposes to negotiate a non-competitive (sole source) Firm Fixed Price (FFP) bridge award to The Green Technology Group, LLC, (TGTG) a Service-Disabled Veteran Owned Small Business (SDVOSB), UEID: TSCGDYS55DT3 for the Virtual Lifetime Electronic Record (VLER) Health/Veterans Health Information Exchange (VHIE) VLER/VHIE. This action is required to transition to a new contract being competitively procured by the SAC. The current contract, 36C77619C0019, is ending but it services are still needed until a new award in issued.

Impact Statement: Health data, such as those managed within the VHIE system, are essential to VA’s ability to deliver health care services to about 9 million veterans annually. Contractor support is required to act as the main points of contact for all 18 VISNs and VA Facilities (approximately 170) nationwide. The full scope of the existing legacy (VistA) and new EHRM-based VHIE Program Direct and Exchange implementations and sustainment support is vital to the success of the program.

A dedicated team is required to focus on the support of ongoing data analysis and validation. Contractor support minimizes the risk of VA backtracking on progress made in support of correcting the findings listed in GAO Report GAO-22-103718.

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

Contractor support is required to provide support services for the continued deployment and implementation of the nationwide rollout of the VHIE Program Exchange and DIRECT Messaging Projects at each health data exchange community. This support shall include community outreach, project coordination, analysis of shared data, analysis of project status, and reporting of Exchange and Direct issues at each of the 18 Veterans Integrated Service Networks (VISNs) and 160+ subordinate VAMCs nationwide. The purpose is to demonstrate the feasibility and the value of exchanging health information between VA clinicians and community partner providers who care for the same Veterans. This includes services that lead and coordinate the deployment in a specified region of the country as the main point of contact (POC) when interfacing with stakeholders supporting VA and community partner providers interested in implementing veteran health data exchange in the specified VHIE Program Community.

The Contractor shall coordinate and assist VAMC staff in support of Veterans Health Information Exchange. This includes:

• Providing the outreach and coordination infrastructure necessary for successful deployment and implementation of VHIE Program Exchange and DIRECT Projects

• Providing services as the main POC when interfacing with stakeholders supporting VA, DoD and community partner providers desiring to implement electronic health record interoperability in the specified VHIE Community,

• Coordinating and implementing services that support business and technical workflow to support eHealth Exchange activities between the VA Medical Centers, Military Treating facilities, and private health care organizations. This support includes:

o educating veterans about the VHIE Program, o ensuring VA’s staff ability to properly process patient participation preference forms, promoting the clinical adoption and usage of VHIE technical components, o assisting with identifying potential community partners, o assisting with the onboarding and production validation of community partners, and o collecting and reporting VHIE technical component identified issues and data quality concerns to VHIE Program business teams for remediation.

The total estimated value of the proposed action is $1,910,068.72.

The anticipated period of performance for the awarded contract is:

Base Period: Date of award - June 2, 2023 Option Period 1: June 3, 2023 – July 2, 2023 Option Period 2: July 3, 2023 – August 2, 2023

(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 have performed successfully over the past 3 years as the incumbent.

VAAR 819.7007 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.

The estimated total contract value is $1,910,068.72.

(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.

TGTG is a registered and verified SDVOSB. The proposed action meets all three requirements of 38 U.S.C. 8127(c). TGTG is verified by VIP as owned and controlled by a Veteran. TGTG 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. TGTG is determined to be a responsible source with the required knowledge, capabilities, and expertise.

(4) In the estimation of the Contracting Officer, contract award can be made at a fair and reasonable price that offers best value to the Government. Historical prices along with market research for similar services will assist with making a fair and reasonable price determination prior to award.

(5) The Contracting Officer has determined that the use of this authority is in the best interest of the Government based upon the fact that TGTG is a SDVOSB team that possesses experience working as the successful incumbent. This experience and expertise are required to ensure successful continued performance 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 VAAR 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, VAAR 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 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 FAR 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 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.

Market research was conducted and TGTG 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 veterans.certify.sba.gov 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, their current services meet and exceed Government requirements and the Contracting Officer reviewed their VIP verification verifying that they are an SDVOSB as well as their Representations and Certifications under this NAICS code in the System for Award Management (SAM).

In addition, the Federal Awardee Performance, and Integrity Information System (FAPIIS) was reviewed and shows no reports for TGTG 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 TGTG.

https://www.acquisition.gov/far/part-5#FAR_Subpart_5_2 https://www.acquisition.gov/far/part-5#FAR_5_202

(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, TGTG 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.

The Green Technology Group, LLC, 10619 Canterberry Rd

Fairfax Station, VA 22039

(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. Toward the expiration of this contract, consideration will be given as to whether the future acquisition should be competitive.

(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.

_________________________________ Date: ____________ Maria Murphy Sr. 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.

_________________________________ Date: ____________ Wanda Y. Edwards Contracting Officer 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.

_________________________________ Date: ____________ Mr. Efrain J. Fernandez Director/Competition Advocate Strategic Acquisition Center – Frederick (SAC-F) Tracking Number: 23F-0045b