-16345.pdf

Chapter VI: Other Than Full and Open Competition (OFOC) SOP Attachment 3: Request for Sole Source Justification Format >$150K

OFOC SOP Revision 03 Page 1 of 2 Revision 03 Date: 10/27/2014

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval (J&A) For

Other Than Full and Open Competition (>$150K)

1. Contracting Activity: Department of Veterans Affairs, VISN 23, Black Hills Medical Center

2237: 618-19-3-6065-0055

2. Nature and/or Description of the Action Being Processed: The action being sought is a firm-fixed-price purchase order for the procurement of annual maintenance for VISN 23 PowerScribe hardware, software, license and upgrades in the amount of $213,702.50.

3. Description of Supplies/Services Required to Meet the Agency’s Needs: Nuance PowerScribe Speech Recognition System annual maintenance. The proposed action is to provide technical support for hardware, software, licenses, and upgrades for the Nuance PowerScribe Speech Recognition System installed in VISN 23. The estimated cost is $213,702.50 with a period of performance from 4/1/2019 through 3/31/2020.

4. Statutory Authority Permitting Other than Full and Open Competition:

(X) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4 ( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority): The PowerScribe Speech Recognition System was purchased from the manufacturer Nuance. The PowerScribe Speech Recognition system is a major VISN 23-wide solution utilized by radiologists to create reports for 450,000 annual imaging studies. The PowerScribe software is proprietary to the manufacturer Nuance, who owns the source software code.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable: The original requirement was advertised in FBO as a Combined Synopsis with intent to enter into a sole source with Nuance.

7. Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable: Any open market items prices will be compared to prices that were found fair and reasonable on previous purchases.

Chapter VI: Other Than Full and Open Competition (OFOC) SOP Attachment 3: Request for Sole Source Justification Format >$150K

OFOC SOP Revision 03 Page 2 of 2 Revision 03 Date: 10/27/2014

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted. No continued market research is conducted due to the proprietary nature of the software code keys owned by the manufacturer Nuance.

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

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

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: No competition is available until the speech recognition system is replaced, which is cost prohibitive in relation to the estimated cost of annual maintenance.

12. Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

01/23/2019

Name: Caroline Campbell Title: V23 Chief Biomedical Engineer

Date

13. Approvals in accordance with the VHAPM, Volume 6, Chapter VI: OFOC SOP. This part if filled out by Contracting Staff as part of the Justification

a. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Name Pamela Phillips Date Title Contracting Officer Facility: NCO 23 Ft. Meade

03/04/2019 http://vaww.pclo.infoshare.va.gov/PCLO/PMWeb/Vol6Chapter6.aspx