P03 - J_A - Installation of DDPO - Ann Arbor - 3-19-21 - Final.pdf

VHAPM Part 806.3 Other Than Full and Open Competition (OFOC) SOP

Attachment 2: Request for Sole Source Justification Format >SAT

OFOC SOP Revision 10

Original Date: 03/22/11

Revision 10 Date: 09/10/2020

DEPARTMENT OF VETERANS

AFFAIRS

Justification and Approval (J&A) For Other Than Full and Open Competition(>SAT)

Acquisition Plan Action ID: 36C776-21-AP-1554

1. Contracting Activity:

Department of Veterans Affairs, Program Contracting Activity Central (PCAC).

2. Nature and/or Description of the Action Being Processed:

This project is part of the VA's Electronic Health Record Modernization (EHRM) Program, which is a large-scale, commercial effort to update the infrastructure and facilities housing the health record system at the Department of Veterans Affairs (VA). The VA must ensure that the modernization efforts are supported by both proper Information Technology (IT) infrastructure and physical (i.e., facilities) infrastructure. This requires the renovation of facilities and updating of IT infrastructure throughout VHA in order to meet the modernization efforts requested by the

Office of EHRM. The work to install data drops and power outlets (DDPO) for this requirement has already been designed, and the contractor will perform such work in accordance with the statement of work (SOW), specifications and drawings to be provided as part of the solicitation.

This is a new action, and the contracting officer intends to award a firm, fixed-price contract.

3. Description of Supplies/Services Required to Meet the Agency's Needs:

The independent government cost estimate for this project is $577,000.00. The period of performance is 60 days after issuance of a notice to proceed.

Work includes but is not limited to: mobilization, installation of new power receptacles

(emergency and normal) in drywall, installation of new CAT6a data outlets in drywall, installation of new rack mounted CAT6a patch panels in telecommunications closets, testing of new power and data outlets per the specifications, all drywall patch and repair as necessary including painting. All work is to be done in accordance to the construction drawings and specifications provided.

The location of the project is at the VA Ann Arbor Healthcare System, 2215 Fuller Rd. Ann

Arbor, MI 48105.

The above paragraphs constitute a basic outline of the work to be accomplished and in no way comprises all the details for construction of this project. The Contractor shall initiate detailed inspection of the project site to determine the needs and conditions for the construction of this project. Copies of the VA Ann Arbor Healthcare System record drawings will be made available for Contractor use; the Contractor will verify the validity of the record drawings prior to the start of construction work and conduct site investigations as necessary throughout construction.

OFOC SOP Revision 10

Original Date: 03/22/11

This requirement is under an extremely tight deadline, as the DDPO work needs to be completed by the end of July 2021. There are several risks that would impact the facility's ability to go live with the new Cerner HER if the work does not get completed by this time frame. First, the facility would be unable to complete functional testing of critical path areas

(e.g. Surgery) due to lack of power outlet or physical network connectivity. Every device needs to be tested prior to "Go-Live" and without these data and power drops, testing is unable to be accomplished. Second, the facility would be unable to populate the patient record with data from the medical devices, which then increases the likelihood for patient safety errors.

4. Statutory Authority Permitting Other than Full and Open Competition:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency

Requirements per 41 USC §3304(a)(l) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR

6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4

(X) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR

6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7

5. Demonstration that the Contractor's Unique Qualifications or Nature of the Acquisition

Requires the Use of the Authority Cited Above (applicability of authority):

Veterans Affairs Acquisition Regulation (VAAR) 819.7007 provides the contracting officer with the authority to sole source an award to a verified SDVOSB concern, provided the requirements of VAAR 819 .7007(a)(l) through (a)(4) are met. For this procurement, the requirements are met as follows:

• VAAR 819.7007(a)(l): The anticipated award price will not exceed $5 million, as the

IGCE for this work is $577,000.00;

• VAAR 819 .7007(a)(2): This justification will be posted in accordance with FAR 5.301(d);

• VAAR 819 .7007(a)(3): The prospective awardee (ArmCorp Construction, Inc.) has successfully performed work at the VA Ann Arbor Healthcare System. A complete responsibility determination will be completed prior to award; and

• VAAR 819.7007(a)(4): The contracting officer believes a contract can be awarded at a fair and reasonable price that offers the best value to the government.

In accordance with VAAR 819.7007(b), the determination to use the above authority is a business decision wholly within the discretion of the contracting officer; provided doing so is in the best interest of the government. No determination that only one SDVOSB can perform the work is required, in accordance with VAAR 819 .7007(c).

OFOC SOP Revision 10

Original Date: 03/22/11

In this case, the contracting officer has determined that utilizing the authority to sole source to an

SDVOSB concern is in the best interest of the government due to the time frame and deadlines associated with this project and the effect on the facilities ability to go live with the new Cerner

EHR. This requirement is under an extremely tight deadline, as the DDPO work needs to be completed by the end of July 2021. There are several risks that would impact the facility's ability to go live with the new Cerner EHR if the work does not get completed by this time frame. First, the facility would be unable to complete functional testing of critical path areas (e.g. Surgery) due to lack of power outlet or physical network connectivity. Every device needs to be tested prior to "Go-Live" and without these data and power drops, testing is unable to be accomplished.

Second, the facility would be unable to populate the patient record with data from the medical devices, which then increases the likelihood for patient safety errors.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Per the Department of Veteran Affairs Acquisition Regulation (VAAR) 810.002 and Veterans First Contracting Program (VFCP 2016) deviation, the VIP was queried March 10, 2021 to identify verified SDVOSB and VOSB concerns utilizing NAICS Code 238210. The search resulted in a list 1,118 SDVOSB and VOSB concerns under NAICS 238210. (See P02 - Attachment 1 - VIP Search).

VIP verification of ArmCorp, Inc. was also confirmed (see P02 - Attachment 2 – VIP Verification). The COR independently confirmed ArmCorp, Inc. is interested in and capable of performing this work.

No additional efforts were made to ensure inclusion of as many potential sources as possible, as this is not required when using the authority of VAAR 819 .7007.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

The Contracting Officer anticipates receiving fair and reasonable pricing based on the facility's prior experience with projects completed by ArmCorp. Additionally, the contracting officer will have the opportunity to enter into discussions if the initial price proposal cannot be considered fair and reasonable. It is anticipated that price analysis, in particular comparison to the IGCE, will be sufficient in order to determine the price fair and reasonable in accordance with FAR 15.404-l(b)(2)(v). Certified cost or pricing data will not be necessary.

8. Description of the Market Research Conducted and the Results, or a Statement of the

Reasons Market Research Was Not Conducted:

Because the contracting officer intends to use the authority provided under VAAR 819.7007, sole source award to a verified SDVOSB, the market research resulted in confirmation that

ArmCorp Construction, Inc. is a verified SDVOSB capable of performing the work.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

None.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition:

OFOC SOP Revision 10

Original Date: 03/22/11

ArmCorp Construction, Inc.

11. A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any

Barriers to Competition before Making subsequent acquisitions for the supplies or services required:

VISN 10 was moved up in the EHRM overall program schedule, and as a result, some of the timelines that must be met are very aggressive. It is anticipated that for most other VISNs, the timelines will not be as aggressive in order to meet the "Go-Live" dates and program goals.

12. Requirements Certification: I certify that the requirement outlined in this justification is a

Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Rod Ipakchian Date

Chief, Engineering Service

VA Ann Arbor Healthcare System

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

Andrea Fink Date

Contracting Officer

Program Contracting Activity Central (PCAC)

b. One Level Above the Contracting Officer (Required over SAT but not exceeding

$700K): I certify the justification meets requirements for other than full and open competition.

John Yallech Date

Supervisory Contracting Officer

PCAC