Inactive

DEPARTMENT OF VETERANS AFFAIRS Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103 Frederick, MD 21703 Page 1 of 5 Justification an... DEPARTMENT OF VETERANS AFFAIRS Office of Procurement, Acquisition and Logistics (OPAL) Strategic Acquisition Center (SAC) 5202 Presidents Ct, Suite 103 Frederick, MD 21703 Page 1 of 5 Justification and Approval for Other than Full and Open Competition 6.302-5 -- Authorized or required by statute 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) in Frederick, Maryland, on behalf of the Department of Veterans Affairs (VA), Veterans Health Administration (VHA), Office of Research and Development (OR&D). Nature and/or description of the action being approved. This activity proposes to negotiate a labor hour, non-competitive sole-source award with Rios Partners, LLC, a Service-Disabled Veteran-Owned Small Business (SDVOSB). VHA ranks as one of the nation's leaders in health research and thousands of studies are conducted at VA medical centers, outpatient clinics, and nursing homes each year. OR&D is responsible for advancing VA s research mission. This research has significantly contributed to advancements in health care for Veterans and other Americans. Specific work under this contract will focus on the clinical trial development, biostatistical support and other innovative efforts to advance VA research. A description of the supplies or services required to meet the agency s needs (including the estimated value). To support this important mission, the contractor shall provide comprehensive support to the OR&D for Clinical Trial Development to include strategy recommendations to optimize protocol design, clinical trial budget analysis and timeline development, protocol review, support with clinical trial monitoring (where appropriate and applicable), support with Institutional Review Board (IRB) or regulatory submission, and data and analytics support. The required work does not include the recruitment and enrollment of subjects into clinical trials nor conducting the trial. Deliverables shall take the form of monthly reports to include a summary of work performed and any work products produced in support of work efforts related to each task. The total value of this contract is $4,963,800.00 for the period of performance of 12-months. 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). 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: The anticipated award price of the contract (including options) will not exceed $5 million: The estimated value is $4,963,800.00 and does not exceed $5M. 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.gov. The SDVOSB concern has been determined to be a responsible source with respect to performance; and Rios Partners, LLC, is a registered and verified SDVOSB with recent proven capabilities to perform the required services. 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. 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 for 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. 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. IAW VAAR § 819.7007 Sole source awards to service-disabled veteran-owned small business concerns (b), The contracting officer s determination whether to make a sole source award is a business decision wholly within the discretion of the contracting officer. A determination that only one SDVOSB concern is available to meet the requirement is not required. A notice will be publicized as required by Subpart 5.2. 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 (CO) determines the cost to the Government to be fair and reasonable. This determination will be based on a comparison of current contract pricing, past proposal submissions (if available), other information made available, and an Independent Government Cost Estimate (IGCE). The rates will be verified using the IGCE, the rates from similar companies, and the vendor s technical expertise. 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 Rios Partners, LLC, has been determined to be a responsible source with respect to performance. They are registered and certified in VetBiz.gov as a SDVOSB with the NAICS code for this requirement which 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, a review of their Representations and Certifications was conducted in the System for Award Management (SAM) and Rios Partners, LLC, represented that they are an 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. Any other facts supporting the use of other than full and open competition. In accordance with Public Law 109-461, codified at 38 USC § 8127, in order to increase contracting opportunities for small business concerns owned and controlled by veterans and small business concerns owned and controlled by veterans with service-connected disabilities, COs within VA are given specific statutory authority to award a contract to a small business concern owned and controlled by Veterans using procedures other than competitive procedures (i.e. a sole source contract). The CO may do so in accordance with VAAR 819.7007. 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, should this concept solution be proven effective, market research will be conducted to determine if there are other capable vendors who can provide the required services. A listing of the sources, if any, that expressed, in writing, an interest in the acquisition. Rios Partners, LLC 2011 Crystal Drive Suite, 400 McLean, Virginia 22101-2413 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. Certifications / Signatures. Technical Representative Certification: I certify that the foregoing justification is complete and accurate to the best of my knowledge and belief. ________________________________ Jason Rhodes Date Innovation Coordinator Office of Healthcare Innovation and Learning (OHIL). 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. _______________________________ ______________ David Rupert Date Contracting Officer Strategic Acquisition Center- Frederick (SAC-F) Approval Upon the basis of the above justification, I hereby approve, as advocate for competition for the procuring activity, the solicitation of the proposed procurement described herein using other than full and open competition, pursuant to the authority of FAR 6.302-5, Authorized or required by statute: 38 US Code 8127(c) _ Efrain J. Fernandez Date Competition Advocate Strategic Acquisition Center (SAC)