JA (VOSB Sole Source) - HEALTHCARE TECHNOLOGY MANAGEMENT - Fully Executed.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC) 5202 Presidents Court, Suite 103

Frederick, MD 21703

Justification and Approval for Other than Full and Open Competition

6.302-5 -- Authorized or required by statute

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), Office of Healthcare Technology Management (HTM).

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

This activity proposes to negotiate a non-competitive award (sole-source) with Sigma Health Consulting, LLC, a Veteran-Owned Small Business (VOSB) for the procurement of healthcare technology management services. This will be a firm fixed price contract.

The Period of Performance is one 12-month base, plus two 12-month option periods, September 23, 2020 through September 22, 2023.

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

The Government needs contractor support to provide strategic Biomedical Engineering professional and technical services for HTM. The scope of work and work products are inclusive of support for VHA’s Repairable Medical Device (RMD) Safety and Medical Device Security programs. The contractor shall perform emergency response and risk mitigation for medical device cybersecurity threats; perform medical device recall management in compliance with VHA's RMD safety program; and design Biomedical Engineering policies and medical device/system guidance that directly impacts clinical operations, medical device/system availability, and the delivery of medical services within VA medical centers as outlined in the Statement of Work. These tasks align to the Under Secretary for Health's priorities of Veteran access and patient safety. The estimated value for this acquisition is $4,170,676.51.

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.

§ 3304(a)(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).

Strategic Acquisition Center (SAC)

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

VAAR 819.7008 states explicitly, “A determination that only one VOSB 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 total estimated value is $$4,170,676.51 and does not exceed $5M.

(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 FBO.

(3) The VOSB concern has been determined to be a responsible source with respect to performance; and, Sigma Health Consulting, LLC (Sigma) is a woman owned, verified VOSB.

Sigma provides private sector and government healthcare clients with strategy, management, and science and technology consulting expertise. Sigma has supported federal and private sector clients for projects involving strategic planning, healthcare management; organizational transformation; evidence-based medicine, quality and safety; performance measurement; program evaluation; mental health; pain management; TBI and neuroscience and health information technology. Sigma has a deep and broad understanding of HHS, DoD and VA policy and programs, healthcare providers’ challenges, healthcare delivery systems and operations.

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 Sole Source awards to veteran-owned small business concerns (b), “The contracting officer’s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. A determination that only one VOSB concern is available to meet the requirement is not required.”

A notice will be publicized as required by Subpart 5.2.

Strategic Acquisition Center (SAC)

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, past proposal submissions (if available), other information made available, and an Independent Government Cost Estimate.

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 Sigma Health Consulting, LLC, has been determined to be a responsible source with respect to performance. They are registered and certified in VetBiz.gov as a VOSB with the NAICS code for this requirement which in accordance with Public Law 109-461 Section 502(c) meets the requirements of this statute to sole source to a VOSB. A review of their Representations and Certifications was conducted in the System for Award Management (SAM) and Sigma Health Consulting, LLC, represented that they are a VOSB.

In addition, the Federal Awardee Performance and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for Sigma Health Consulting, LLC, 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 the contractor.

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

In accordance with Public Law 109-461, codified at 38 USC § 8127, in order to increase contracting opportunities for small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities, contracting officers of the VA are given specific statutory authority to award a contract to a small business concern owned and controlled by veterans using procedures other than competitive procedures (i.e. a “sole source” contract). The contracting officer may do so in accordance with VAAR 819.7008.

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

Sigma Health Consulting, LLC 7901 Jones Branch Drive, Suite 880 McLean, Virginia 22102

Strategic Acquisition Center (SAC)

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.

Strategic Acquisition Center (SAC)

12. Certifications / Signatures.

(1) Technical Representative Certification:

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

Megan Friel Date Program Manager Office of Healthcare Technology Management

(2) 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.

Wanda Y. Edwards Date Contracting Officer Strategic Acquisition Center –Frederick (SAC-F)

(3) Competition Advocate Approval:

Upon the basis of the above justification, I hereby approve, as advocate for competition for the procuring activity, the solicitation of the proposed procurements described herein using other than full and open competition, pursuant to the authority of 38 U.S. Code § 8127(c).

Donald Jones Date Competition Advocate Competition Advocate Strategic Acquisition Center Tracking number:

June 30, 2020

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