2021-08-12T09 37 44 36C259-21-AP-3272 Endosoft FAR13.5_JA_OVER_SAT Intent to Sole Source 8-30-21.pdf

VHAPM Part 813.5 Simplified Acquisition Procedures for Certain Commercial Items Attachment 1: Request for Sole Source Justification Template >SAT-$7.5M under FAR13.5

PM Part 813.5 SAP for Certain Commercial Items Page 1 of 3 Original Date: 08/30/17 Revision 03 Date: 02/11/2021

DEPARTMENT OF VETERANS AFFAIRS

SOLE SOURCE JUSTIFICATION UNDER SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL

ITEMS IN ACCORDANCE WITH FAR 13.5

Acquisition Plan Action ID: 36C259-21-AP-3272 Tracking#: 2021-08-12T09:37:44

1. Contracting Activity: Organizational Activity:

Department of Veterans Affairs Department of Veterans Affairs Network Contracting Office 19 (NCO 19) Rocky Mountain VA Regional Medical Center 6162 South Willow Drive, Suite 300 1700 Wheeling St.

Greenwood Village, CO 80111 Aurora, CO 80045

2237: 554-21-4-450-0206

2. Nature and/or Description of the Action Being Processed: This procurement is for a sole source, firm-fixed-price, base plus four (4) option years, contract for the annual maintenance and license support services for the EndoSoft’s EndoVault® system in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Items and specifically FAR 13.501 Special Documentation Requirements, where acquisitions conducted under Simplified Acquisition Procedures are exempt from the requirements of FAR Part 6, but still require a justification using the format of FAR 6.303-2.

3. Description of Supplies/Services Required to Meet the Agency’s Needs:

The procurement is for the annual maintenance and license support services for the EndoSoft’s EndoVault® system , a Picture Archiving and Communication System (PACS) and Administrative Reporting System, which is used to capture, store, and access patient data for reports related to GI and pulmonary procedures. The EndoVault® software is installed on computers in procedure rooms and it’s installed on VA OIT computers in physicians’ offices so the physicians can report remotely.

The estimated period of performance and values are as follows:

Base Year: 9/1/21 to 8/31/22 – EndoSoft Support ESUP Option Year 1: 9/1/22 to 8/31/23 – EndoSoft Support ESUP Option Year 2: 9/1/23 to 8/31/24 – EndoSoft Support ESUP Option Year 3: 9/1/24 to 8/31/25 – EndoSoft Support ESUP Option Year 4: 9/1/25 to 8/31/26 – EndoSoft Support ESUP

4. Statutory Authority Permitting Restricted Competition:

FAR 13.5 Simplified Procedures for Certain Commercial Items. The statutory authority for applying the Simplified Procedures for Commercial Items of FAR 13.5 is 41 U.S.C. § 1901 and is implemented by FAR 13.106-1(b)(2) for restricting competition on this procurement. Competition is restricted on this procurement for the reason below:

PM Part 813.5 SAP for Certain Commercial Items Page 2 of 3

Revision 03 Date: 02/11/2021

(X) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements

( ) Unusual and Compelling Urgency ( ) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert

Services ( ) International Agreement ( ) Authorized or Required by Statute ( ) National Security ( ) Public Interest

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

A copy of the manufacturer’s sole source letter, dated July 7, 2020, is included in the eCMS briefcase, which states that UTECH Products, Inc., dba EndoSoft, LLC, is the sole source provider of the support and maintenance for the EndoVault software products, which are currently installed at the Rocky Mountain VA Regional Medical Center. No other company can support or maintain EndoSoft’s proprietary software. EndoSoft offers full coverage technical support for existing EndoSoft software and licenses. The software is proprietary to UTECH Products, Inc., manufacturer of the EndoSoft system. It can only be updated/interfaced by EndoSoft certified technical staff with access to EndoSoft software servers, updates, and upgrades. EndoSoft is one of the most mission critical systems in the ENDO department. EndoVault® is software, which automates and streamlines a clinician’s daily workflow by giving them the ability to capture, store, and access patient data across multiple care sites.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

An Intent to Sole Source Notice will be posted on Contracts Opportunities, BETA.SAM.gov, including this Sole Source Justification, which does allow companies to submit responses. However, there are not any authorized distributors for this requirement.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

The anticipated cost can be determined fair and reasonable based on comparison of the proposed prices with prices found reasonable on previous purchases and based on current price lists.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted:

A search on VIP did not find any SDVOSBs/VOSBs. The letter, dated July 7, 2020, confirmed that there are no distributors. A search of GSA eLibrary did not find the product. A search of dsbs.sba.gov did not find the product. Searching www.FPDS.gov found VA contracts issued to EndoSoft for the required product. The requirement will be purchased directly from EndoSoft, A division of Utech Products Inc., a small business.

http://www.fpds.gov/

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Revision 03 Date: 02/11/2021

9. Any Other Facts Supporting the Use of Other than Full and Open Competition: There are no other facts.

10. Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: EndoSoft, A division of Utech Products Inc., at 135 Broadway, Schenectady, NY 12305.

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:

The Government will continue to conduct market research to ascertain if there are changes related to the availability of other products to meet the VA’s requirement.

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.

13. Approvals in accordance with the VHAPM Part 806.3 OFOC SOP:

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

b. 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.

https://dvagov.sharepoint.com/sites/VHAProcurement/VHAPM/VHAPM_Part_806.3.aspx