P03 - SSJ for Over SAT - 36C261-23-AP-3701_Redacted.pdf

VHAPG Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

Effective Date: 02/01/2022 Page 1 of 4

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID:__________ 36C261-23-AP-3701_____________________

1. Contracting Activity: Department of Veterans Affairs, Veterans Health Administration, Regional

Office West, Network Contracting Office 21 on behalf of Palo Alto VA Health Care System VISN 21.

PR # 640-23-3-334-0173

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

This procurement is a New Contract and is Firm-Fixed-Price.

SDH Veteran’s Survey

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

The requirement is services for a virtual survey (to be completed remotely). The vendor must be able to perform survey distribution to 14,000 Veterans including methods such as: mailing information, engaging in follow-up information distribution and performing phone calls. The vendor will provide $2 upon initial engagement to encourage survey completion followed by a $10 payment for Veterans who complete the survey, until a response of 4,500 participants is reached. The vendor must have a current ATO to utilize the CATI program, additionally, the vendor is responsible for thoroughly testing all programming, and making any revisions requested by the VA in a timely manner. Vendor must compile all information gathered into SAS or Excel dataset and provide to VA POC through a secure file protocol transfer (SFTP). At the end of the project the vendor will be required to submit a disposition file with final dispositions for every sampled number, a report of AAPOR response and refusal rates and a cleaned weighted data response.

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

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

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Effective Date: 02/01/2022 Page 2 of 4

According to VA Directive 6500.3, which states: “information systems used or operated by, or on behalf of VA must be authorized to operate”. An Authority to Operate or ATO consists of a comprehensive review, documentation, and approval which is governed by NIST (National Institute of Standards and Technology). A complete ATO review evaluates over 1000 security aspects of a system to ensure proper protections are maintained. The first vendor selected by the customer was chosen due to the likelihood of receiving an ATO, however upon inspection the vendor (Davis Research) was unable to receive an ATO. The customer provided a second vendor (Westat, Inc) who has already been through the ATO process and was granted an ATO to operate for the VA for this specific purpose. In addition to a current ATO with the VA, Westat, has a proven track record of maintaining security and confidentiality of files and sensitive VA data. Working with a new company without sufficient expertise in the VA realm would lead to unacceptable delay and additional expenses.

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

A VIP search of NAICS: 541910 resulted in 180 verified SDVOSBs and verified VOSB. Further review of each company’s capabilities statements and company websites revealed that 0 of these companies can provide the requested service. Because no two or more VIP-verified SDVOSB or VOSB firms could be located that could perform the required services and be expected to provide a quote for the services, the contract specialist has determined that the VA’s Rule of Two cannot be met for this procurement.

A Sources Sought was published on SAM (ID: 36C261-23-AP-3701), where three vendors submitted a interest in the requirement. However, due to the VA’s strict ATO policy regarding research and Veteran Affairs owned information, it was determined none of these vendors would not be capable of meeting the requirement. According to VA Directive 6500.3, which states:

“information systems used or operated by, or on behalf of VA must be authorized to operate”. An Authority to Operate or ATO consists of a comprehensive review, documentation, and approval which is governed by NIST (National Institute of Standards and Technology). A complete ATO review evaluates over 1000 security aspects of a system to ensure proper protections are maintained.

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

Reasonable: The expected cost of is considered fair and reasonable for the work detailed in the Statement of Work based on the Independent Government Cost Estimate submitted by the customer as well as by market research for similar work on FPDS under the same NAICS code.

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

Market Research Was Not Conducted:

The customer conducted market research and contacted potential vendors in Fall 2022, the vendors estimated higher costs to the project that would cause significant delays to the survey launch and none of these vendors possessed an ATO, therefore resulting in delays in survey start. A VIP search of NAICS: 541910 resulted in 180 verified SDVOSBs and verified VOSB. Further review of each company’s capabilities statements and company websites revealed that 0 of these companies can provide the requested service. Because no two or more VIP-verified SDVOSB or VOSB firms could be located that could perform the required services and be expected to provide a quote for the services, the contract specialist has determined that the VA’s Rule of Two cannot be met for this procurement. A Sources Sought was published on SAM, where three vendors submitted a interest in the requirement. However, due to the VA’s strict ATO policy regarding research and Veteran Affairs owned information, it was determined none of these vendors would not be capable of meeting the requirement. According to VA Directive 6500.3, which states: “information systems used or operated by, or on behalf of VA must be authorized to operate”. An Authority to Operate or ATO

Effective Date: 02/01/2022 Page 3 of 4 consists of a comprehensive review, documentation, and approval which is governed by NIST (National Institute of Standards and Technology). A complete ATO review evaluates over 1000 security aspects of a system to ensure proper protections are maintained.

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

According to VA Directive 6500.3, which states: “information systems used or operated by, or on behalf of VA must be authorized to operate”. An Authority to Operate or ATO consists of a comprehensive review, documentation, and approval which is governed by NIST (National Institute of Standards and Technology). A complete ATO review evaluates over 1000 security aspects of a system to ensure proper protections are maintained. The first vendor selected by the customer was chosen due to the likelihood of receiving an ATO, however upon inspection the vendor (Davis Research) was unable to receive an ATO.

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

Westat Inc.

1600 Research Blvd Rockville, MD 20850

SAM UEI: NVUWAFWQ57S5

Savory McClendon, LLC 8801 East 63rd Street, Suite 208 Raytown, Missouri 64133

SAM UEI: JVQZQEJQEHN1

Red Duke Strategies LLC 1313 Merchant Ln Mc Lean, VA 22101

SAM UEI: FAXCFVRLN839

Adigeni LLC 21 N Broad ST STE H Luray, Virginia 22835

SAM UEI: E281EJNKR241

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:

Encourage vendors to maintain ATO with VA, educate customers with research based requirements to make known specific ATO guidelines in SOW.

12. 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.

Effective Date: 02/01/2022 Page 4 of 4

Rico Johnson Date Contracting Officer VISN 21, NCO 21 Services Team 1

b. One Level Above the Contracting Officer (Required over SAT but not exceeding $750K): I certify the justification meets requirements for other than full and open competition.

Mark Mikus Date Branch Chief VISN 21, NCO 21 Services Team 1