VA119A-15-D-0005-006.pdf

Justification for an Exception to Fair Opportunity [Prepared in accordance with FAR 16.505(b)(2)(ii)(B)]

1. Contracting Activity: Department of Veterans Affairs

Office of Acquisition Operations Strategic Acquisition Center- Frederick 321 Ballenger Center Drive, Suite 125 Frederick, MD 21703

2. Action Being Approved: This justification is for a 12-month, sole source, firm fixed price task order with one 12-month option period against the Agile Delivery of VA imminent Strategic and Operational Requirements (ADVISOR) contract VA119A-15-D-0005 with Enterprise Resource Performance, Inc. (ERPi) for program assessment, development, evaluation and reporting for the Office of Veterans Access to Care (OVAC).

3. Description of the Supplies or Services: The proposed action is to provide professional services to further support Access Priorities in the OVAC in VHA Central Office. Access is one of the highest priorities for the enterprise. Continued Program Support to OVAC will include optimizing clinic operations, missed opportunities and no-show campaign, field support for medical centers not meeting access standards, access guidebook development and dissemination and seamless care efforts. Continuation of efforts under ADVISOR TOPR 0069 will also include project plans developed for Specialty Care Access improvement initiatives, support for Patient Self-referral Direct Scheduling efforts, Access measurements, and project management support to new/emerging efforts within OVAC.

All work falls within the ADVISOR task areas of program/project management support, performance measurement, and studies and analyses (Service groups 1, 2 and 3).

The estimated value of the acquisition, based on historical data from the previous task order, is $1,698,584.00 for 12-month base period of performance with costs for the option estimated at $1,697,912.00. Current support for this Program is provided under ADVISOR TOPR 0069 (VA119A-15-D-0005 VA119A-17-J-0238) through September 18, 2018. This logical follow-on task order will have a base period of performance of September 19, 2018 through September 18, 2019.

4. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. § 4106(c)(3), as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i)(C), titled “The order must be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to an order already issued under the contract, provided that all awardees were given a fair opportunity to be considered for the original order.”

5. Rationale Supporting Use of Authority Cited Above: The work required under the proposed task order is a continuation of activities currently performed under the existing (previously competed) task order, ADVISOR 0069 (VA119A-15-D-0005/VA119A-17-J-0238). Issuing a logical follow-on order to the previously competed order will avoid disruption of service and severe duplication of cost to the Government that is not expected to be recovered through competition. Avoiding these transition delays, rework and associated increased costs is in the

OVAC JEFO for LFO on ADVISOR interest of economy and efficiency. Using a logical follow-on to continue the program evaluation and reporting results in the highest likelihood of success and lowest program risk.

The Contractor is currently providing support the Government for several high priority initiatives for the Assistant Deputy Undersecretary for Health for Access. Through dedicated resources supporting the Office of Veterans Access to Care, the contractor has developed a detailed understanding of the programs, policies, processes and the identification and availability of data as they relate to access to care across the VHA. The Contractor has provided strategic analysis, evaluation and guidance for national access standards and the implementation of critical initiatives for OVAC. The contractor’s direct role in the VHA-wide implementation of access priorities and its knowledge of the structure of key Access stakeholders at all levels of the organization and appropriate communications processes would take extensive time to recreate.

This foundation, gained over more than two years of close collaboration between the Contractor and OVAC under ADVIOSOR 0069 is necessary to best support VHA and OVAC Access priorities.

In summary, utilization of an alternative contractor unfamiliar with the priorities, data, and work requirements within the Office of Veterans Access to Care would result in delays, re-work and re-training of the Contractor and avoidable transition issues, productivity losses and an increased risk of discontinuity in reporting, all at an increased cost to the Government. It is therefore in the best interest of the Government to leverage this statutory authority.

6. Fair and Reasonable Cost: All pricing (labor rates) are established as fair and reasonable under ADVISOR. See the “Justification Signatures” section of this document for the Contracting Officer’s determination that the anticipated cost to the Government will be fair and reasonable.

7. Other Facts Supporting the Justification: The previous task order for these services was competed among all eligible ADVISOR IDIQ contract holders by issuing the TOPR and providing fair opportunity to all eligible ADVISOR contractors. ERPi provided the best value quotation. The Government anticipates that a competition for the same services on ADVISOR would: 1) be disruptive to those projects in progress, and 2) yield the same competitive outcome given ERPi’s enhanced experience with, and knowledge of the program.

Past Performance: ERPi has provided support in a greater than acceptable fashion throughout the previous task order Period of Performance.

The logical follow on order value, at $1.7 M ($3.4 M with all options), is within the remaining ADVISOR ceiling.

8. Actions to Remove Barriers to Competition: The Government does not anticipate a follow-on competition for these same services following completion of this (12 month - with one option period) logical follow-on task order. New requirements that arise regarding Access priorities will be handled on a case by case basis, and will include strategies supported by associated market research.

In accordance with FAR 5.301 and 16.505(b)(2)(ii)(D)(1), the Government will publish a notice within 14 days of award on Federal Business Opportunities (FBO) and the justification will be posted and made publicly available for a minimum of 30 days.

OVAC JEFO for LFO on ADVISOR

Justification Signatures

9. Technical and Requirements Certification: I certify that the supporting data under my cognizance, which are included and form a basis for this justification, are accurate and complete to the best of my knowledge and belief.

William Mansfield Date Contracting Officer’s Representative

10. Certification of Accuracy and Completeness/ Cost Determination/ Approval

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

b. I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on established ADVISOR rates and a comparison to recent historical pricing data.

c. Based on the foregoing justification, I hereby recommend approval of this acquisition of follow-on support to the current ADVISOR 69 Task Order on an other than fair opportunity basis pursuant to the authority cited in paragraph 4 above, subject to availability of funds.

Allen L. Smith Date Procuring Contracting Officer

Justification Approval ($700K to $13.5M): As Competition Advocate for the contracting activity, I have reviewed the foregoing justification and approve the justification for other than full and open competition pursuant to the authority cited in paragraph 4 above, subject to the availability of funds, and provided that the services herein described have otherwise been authorized for acquisition.

Clint Druk Date Deputy Director, Competition Advocate Strategic Acquisition Center - Frederick vacosmithall Typewritten Text 8/7/18