DK10--SUBMITTAL EXCHANGE SERVICE VISNWIDE

Page 1 of 6 Effective Date: 07/20/2022 Revision: 01 DEPARTMENT OF VETERANS AFFAIRS Justification and Approval For Exception to Fair Opportunity Memo Acquisition Plan Action ID: 36C252-22-AP-4753 Contracting Activity: Department of Veterans Affairs, VISN 12, All VISN 12 Facilities/Medical Centers/Hospitals Description of Action: The proposed sole source Delivery Order with Options against NASA SEWP Contract NNG15SD27B for Oracle Submittal Exchange cloud service administered through SDVOSB V3Gate to be obtained by use of Agency Catalog. Description of Supplies or Services: The proposed action is to provide web/cloud-based document sharing service to allow facilities to share construction project documents and information with A&E providers and other VISN 12 facilities. Use of one platform for sharing documents and information greatly streamlines to process and allows VISN 12 facilities to coordinate and consolidate efforts. Additionally, use of one platform allows all VISN 12 facilities keep construction projects integrally related and reporting on the VISN level for construction projects is attainable. Statutory Authority: The statutory authority permitting an exception to fair opportunity is Section 41 U.S.C. 4106(c) as implemented by the Federal Acquisition Regulation (FAR) 16.505(b)(2)(i): ( ) FAR 16.505(b)(2)(i)(A): The agency need for the supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays. ( ) FAR 16.505(b)(2)(i)(B): Only one awardee is capable of providing the supplies or services required at the level of quality required because the supplies or services ordered are unique or highly specialized. ( ) FAR 16.505(b)(2)(i)(C): 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. ( ) FAR 16.505(b)(2)(i)(D): It is necessary to place an order to satisfy a minimum guarantee. (X) FAR 16.505(b)(2)(i)(E): For orders exceeding the simplified acquisition threshold, a statute expressly authorizes or requires that the purchase be made from a specified source . The statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB) or a Veteran-Owned Small Business (VOSB). Rationale Supporting Use of Authority Cited Above: The original Delivery Order with Options was solicited on NASA SEWP as a SDVOSB set-aside; one quote was received. The continued use of the Oracle Submittal Exchange platform for sharing information is desirable as it eliminates the need to transfer all current projects to a new platform. Additionally, the statutory authority permitting an exception to fair opportunity for this action is 38 U.S.C. 8127(c), known as the Veterans First Contracting Program which provides the authority to directly contract with a Service-Disabled Veteran-Owned Small Business (SDVOSB). V3Gate has administered the Oracle Submittal Exchange platform for VISN 12 for the past five years without security incident and has worked closely with VISN facilities to train VA staff on use of the platform. If another vendor is selected, additional risk would be incurred as the new contractor s staff may not fully understand the intent and context of the platform and the VA s use of it. Oracle authorizes V3Gate to administer its Submittal Exchange platform. V3Gate currently administers the Submittal Exchange platform for approximately 50 VA facilities. 6. Efforts to Obtain Competition: Market research was conducted, details of which are in the market research section of this document. This effort did not yield any additional VIP/NASA SEWP sources that can meet the Government s requirements. There is no competition anticipated for this acquisition at this time. In accordance with FAR 5.301 and 16.505(b)(2), this action will be synopsized at award on the Federal Business Opportunities Page (FBO) and the justification will be made publicly available. 7. Actions to Increase Competition: The Government will continue to conduct market research to ascertain if there are changes in the marketplace that would enable future actions to be competed. 8. Market Research: The Government s technical experts conducted market research by reviewing similar software. This market research is an ongoing process starting in 2018 and continuously being conducted, as recently as November 2022. The similar software platforms reviewed do not meet the current needs and do not allow a seamless transfer of current projects on the platform. Additionally, V3Gate currently administers the Submittal Exchange platform for approximately 50 VA facilities. VA networking Subject Matter Experts regularly review industry trade publications and conduct internet research to ascertain if any other brand name software is available. Based on these market research efforts, the Government s technical experts have determined that only Oracle Submittal Exchange software can meet all of VA s needs. 9. Other Facts: A search of FPDS reveals V3Gate currently administers the Submittal Exchange platform for approximately 50 VA facilities. 10. 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. _____________________________ ________________________ Name: David Korman Date Title: VISN 12 Healthcare Engineer Facility: VISN 12 11. Determination that Anticipated Cost is Fair and Reasonable: A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable: (insert the methods that will be used to determine a fair and reasonable price). 12. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief. _____________________________ ________________________ Name; Susan Pasholk Date Title: Contracting Officer Facility: GLAC 13. Approvals in accordance with VHAPG Part 816.505 Indefinite Delivery Contracts: Ordering. 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. _____________________________ ________________________ Name: Matthew Zawada Date NCO12 Services Team 2 Branch Chief