OEI JA FAR Part 6 SDVOSB Sole Source.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

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 Enterprise Integration (OEI), Office of Data Governance and Analytics (DGA).

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

This activity proposes to negotiate a non-competitive award (sole-source) with Veterans EZ Info Inc. (a Service-Disabled Veteran-Owned Small Business), for the procurement of COVID-19 IPT support for the DGA office. The estimated value for this acquisition is $XXXXXXX the period of Performance is 6 months.

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

The contractor will support the establishment and execution of the COVID-19 IPT, providing subject matter expertise in requirements identification and management, data policy, data management, data analytics, program management, and technical project implementation. The contractor shall be responsible for assisting in the design, development, and deployment of a VA data environment and open source system that enables data and information sharing with a Software as a Service (SaaS) platform.

Together, the data environment and open source system will enable the department to evaluate the implications of COVID-19 on the VA’s local and national clinical and supply chain posture and Veteran outcomes; and, make comparisons of analytic capabilities and system sustainment costs. The contractor will be responsible for integrating data from multiple sources, and preparations for the extension of data analytics and business intelligence across all VA products and services, for internal VA-use.

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

Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103

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.

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 value is 0.8M 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 SDVOSB concern has been determined to be a responsible source with respect to performance; and

Veterans EZ Info Inc. is a registered and verified Service-Disabled Veteran- Owned Small Business (SDVOSB). Veterans EZ Info Inc. performed the data management support in a previous order and is familiar with the tasks for this effort. DGA requires Veterans EZ Info Inc. to expand upon prior task deliverables and work to provide a smooth transition to enable sustainability and success.

Switching to another contractor would require ramp up time and a learning curve.

Thus, the cost to procure support services from another contractor would be cost prohibitive. Failure to sole source to Veterans EZ Info Inc. will prevent DGA from having the support that is required to meet the priorities and goals of OEI and effectively respond to Veteran’s needs. Additionally, in supporting VA’s response to COVID-19, there is an unusual and compelling interest to avoid any ramp up time or learning curve and utilize a vendor already familiar with the work and capable of performing it immediately.

(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

The previous award was made under competitive that were found acceptable at time of award. The rates will be verified using the IGCE, the rates from the https://www.acquisition.gov/content/part-6-competition-requirements#i1119843 https://www.acquisition.gov/content/part-5-publicizing-contract-actions#i1120562

Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103 previous order, and technical expertise. A fair and reasonable price determination will be made prior to award.

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 § 819.7007 Sole source awards to service-disabled 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 SDVOSB concern is available to meet the requirement is not required.”

A notice will be publicized as required by Subpart 5.2.

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 Veterans EZ Info Inc. has been determined to be a responsible source with respect to performance. They are registered and certified in VetBiz.gov as a SDVOSB 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 SDVOSB. In addition, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and Veterans EZ Info Inc. represented that they are an SDVOSB.

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

Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103

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 819.7007.

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

Veterans EZ Info Inc.

1901 1st Avenue, Suite 192 San Diego, CA 92101

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. Certifications / Signatures.

Technical Representative Certification:

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

_05/11/2020

Information Removed Date Management Analyst Office of Data Governance and Analytics

Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103

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.

Information Removed Date Contracting Officer Strategic Acquisition Center- Frederick (SAC-F)