P03 JA_Innovation_Pathfinder_Discovery_Design_36C10X-22-AP-1394_V3_20220914 (ejf)(les)_Redacted.pdf

DEPARTMENT OF VETERANS AFFAIRS

Office of Procurement, Acquisition and Logistics (OPAL)

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

Frederick, MD 21703

AS3-22-206

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, and specific identification of the document as a "Justification for Other Than Full and Open Competition."

This Justification and Approval (J&A) for Other Than Full and Open Competition is executed by the Strategic Acquisition Center (SAC) in Frederick, Maryland, on behalf of the Department of Veterans Affairs (VA), Veterans Health Administration (VHA), the Office of Healthcare Innovation and Learning (OHIL).

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

This activity proposes to negotiate a firm fixed price, non-competitive sole-source award to Rios Partners, LLC - a Service-Disabled Veteran-Owned Small Business (SDVOSB).

OHIL’s mission is to innovate the path towards high-value care. The OHIL is committed to advancing healthcare delivery and service for our nation’s Veterans through the application of novel technologies and care models. OHIL is responsible for the Innovation Intake program. This procurement will provide program and project management support, intake processes and solutions design and implementation, organizational performance improvement and change management support services for the program management and development of the Innovation Intake program.

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

To effectively manage Innovation Intake, VHA Innovation Ecosystem (IE) needs expertise in innovation operating models, innovation solution design and implementation, human-centered design, design thinking/making, and change management. As such, the contractor will provide program and project management support services, intake processes and solutions design and implementation services, organizational performance improvement and change management support services for the program management and development of the Innovation Intake program.

Additionally, the contractor will be responsible for developing Innovation Intake plans and schedules, designing Innovation Intake solutions, constructing internal measurement and evaluations for program-related analyses, and sequencing and managing program activities between all involved stakeholders throughout the lifecycles of the Innovation Ecosystem (IE) Operational Model. Stakeholders for the Innovation Intake program include: Central Office, VHA, the VA, industry partners and other government agencies. The estimated value for this acquisition is for the period of performance of one 12-month base period (1 year). There are no option periods included in this effort.

(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).

(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 $4,999,964.27 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 Justification and Approval will be posted on SAM.

3. The SDVOSB concern has been determined to be a responsible source with respect to performance; Rios Partners, LLC is a registered and verified SDVOSB with recent proven capabilities to perform the required services.

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. Price analysis and determination of reasonableness shall be conducted utilizing historical pricing from Contract No. 36C10X21P0157, Independent Government Cost Estimate (IGCE), and labor category market pricing established under GSA Multiple Award Schedule (MAS) Contract No.

47QRAA18D00F8.

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 Rios Partners, LLC, is an SDVOSB which has been identified as performing a similar service for VA at a fair and reasonable price and has the necessary working knowledge of VA systems, programs, and policies to provide the needed deliverables within the stringent timeline required.

(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, 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 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 (IGCE), past proposal submissions, and other information as made available. The IGCE was prepared by Jason Rhodes, COR, and reviewed by Kristopher Teague, Program Manager, based on pricing of like kind program levels of efforts utilizing labor category market pricing established under GSA MAS Contract No.

47QRAA18D00F8.

(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.

Rios Partners, LLC 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 VetBiz.gov as a SDVOSB. Rios is registered under NAICS code 541618 which is being utilized for this requirement. As such, this procurement meets the standards outlined in Public Law 109-461, Section 502(c) allowing a sole-source procurement to a SDVOSB.

In addition, the Federal Awardee Performance, and Integrity Information System (FAPIIS) was reviewed and FAPIIS shows no reports for Rios Partners, LLC that would indicate defective pricing, instances of contractor fault or recipient not-qualified, terminations for cause, default, material failure to comply, or non-responsibility of the contractor.

(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, Rios Partners, LLC is a responsible SDVOSB for performance of the services described herein, and the proposed contract can be awarded at a fair and reasonable price.

Rios Partners, LLC has experience supporting complex project management for healthcare and technology to include operations, communications, private sector collaboration and engagement, acquisition, and customer relationship management. At the completion of this project, market research will be conducted to determine if there are other capable vendors who can provide the required services.

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

Rios Partners, LLC 1777 N Kent ST FL 4 Arlington, VA 22209

(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, if any, should be competitive.

(12) Contracting officer certification that the justification is accurate and complete to the best of the contracting officer’s knowledge and belief.

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

Signature: _________________________________ Date: ____________

Laura Scott Contracting Officer Strategic Acquisition Center

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.

Signature: _________________________________ Date: ____________ Efrain Fernandez Competition Advocate Strategic Acquisition Center Tracking Number: 22F-0226a

Laura E. Scott 1471662

Digitally signed by Laura E. Scott 1471662 Date: 2022 09.15 08:26:32 -04'00' 09/15/22

Efrain J Fernandez 103610

Digitally signed by Efrain J Fernandez 103610 Date: 2022 09.14 20:41:28 -04'00' 09/14/22