Tech Strategies BRIDGE - JA FAR Part 6 mkm- WE (CA Signed)(ejf).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

(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 Health Informatics (OHI).

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

This activity proposes to negotiate a non-competitive (sole source) Firm Fixed Price (FFP) bridge award for contract 36C10X21C0056 to IT Concepts, INC (ITC), a Service- Disabled Veteran Owned Small Business (SDVOSB), UEID: GJ5YALPQMCH1 for Veterans Health Information Exchange (VHIE) Professional and Technical Support.

This award is necessary to transition to a new contract being competitively procured by the SAC.

Impact Statement:

This requirement provides professional and technical management services for the Veterans Health Administration (VHA) Office of Health Informatics (OHI) Clinical Informatics and Data Management Office (CIDMO) and their VHIE Portfolio of Programs. Loss of this contract would critically affect professional services and the ability to onboard new Health Information Exchange (HIE) partners, with Cerner (EHR) products for Exchange Direct and Registries platforms.

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

The required tasks involve providing the expertise necessary to enable the VHIE program to improve upon and expand VA’s ability to securely share computable electronic health information with other healthcare providers involved in the provision of care to the Veteran. This involves the application of program and project management services, clinical and health informatics expertise, performance management services, and community outreach in support of all work areas within VHIE.

The total estimated value of the proposed action is $1,743,915.00.

The anticipated period of performance for the awarded contract is:

Base Period: March 29, 2023, through May 28, 2023 Option Period 1: May 29, 2023 – June 28, 2023 Option Period 2: June 29, 2023 – July 28, 2023

(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.§ 253(c)(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.

The proposed source for this acquisition is a certified SDVOSB, is technically qualified to meet all requirements, and has performed successfully over the past 3 years as the incumbent.

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 total contract value is $1,743,915.00.

(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 SAM.gov

(3) The SDVOSB concern has been determined to be a responsible source with respect to performance.

ITC is a registered and verified SDVOSB. The proposed action meets all three requirements of 38 U.S.C. 8127(c). ITC is verified by VetCert as owned and controlled by a Veteran. ITC possesses the capability to provide the required services and has successfully provided services to VA that are the same as the required services, and are familiar with current policies, processes, and procedures. ITC is determined to be a responsible source with the required knowledge, capabilities, and expertise.

(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. Historical prices along with market research for similar services will assist with making a fair and reasonable price determination prior to award.

(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 ITC is a SDVOSB team that possesses experience working as the successful incumbent. This experience and expertise are required to ensure successful continued performance under this contract.

(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 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, past proposal submissions (if available), and other information as made available.

(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 ITC 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 VetCert as a SDVOSB with the NAICS 541519 - Other Computer Related Services, which is the NAICS for this requirement and in accordance with Public Law 109-461, Section 502(c) meets the requirements of this statute to allow a sole source to a SDVOSB.

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

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

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

IT Concepts, INC.

1604 Spring Hill Rd Ste 160 Vienna, VA 22182

(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) Technical and Requirements Certification:

I certify that the supporting data under my cognizance, which are included in this justification, are accurate and complete to the best of my knowledge and belief.

Signature: _________________________________ Date: ____________ Maria Murphy Sr. Management Analyst / Contracting Officer Representative (COR) Office of Health Informatics (OHI)

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 Contracting Officer Strategic Acquisition Center – Frederick (SAC-F)

Competition Advocate 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.

Mr. Efrain J. Fernandez Director/Competition Advocate Strategic Acquisition Center – Frederick (SAC-F)Tracking Number:

Digitally signed by Maria K. Murphy 1382943 Date: 2023.03.21 12:13:36 -04'00'