36C10B19Q0073-002.pdf

SOLE SOURCE JUSTIFICATION

1. Contracting Activity: Department of Veterans Affairs (VA) Office of Procurement, Acquisition and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, New Jersey 07724

2. Description of Action: The proposed action is for the award of a firm-fixed-price contract for Getty Images Premium Access license subscriptions.

3. Description of Supplies or Services: VA, Office of Information and Technology, Information Technology Workforce Development (ITWD) has a requirement for the renewal of 18 Getty Images Premium Access (formerly Thinkstock Flex 250) license subscriptions. The required subscriptions will provide ITWD employees access to royalty-free, copy-right protected, veteran related clipart, graphic, photo, illustration, video, audio, and music files available from Getty Images to support the development of training materials, flyers, announcements, and brochures. The resultant contract will have a 12-month Base Period and four 12-month Option Periods.

4. Authority Cited: The authority permitting other than full and open competition is Federal Acquisition Regulation (FAR) Subpart 13.106-1(b) which states, for purchases not exceeding the simplified acquisition threshold, the Contracting Officer may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available.

5. Rationale Supporting Use of Authority Cited Above: The proposed source for this action is Getty Images, 605 5th Ave S Ste. 400 Seattle, Washington 98104, as they are the manufacturer and only authorized source of Getty Images Premium Access licenses. VA conducted market research, as described in section 8 of this justification, in an attempt to identify alternative products in the commercial marketplace that could meet its requirements. It was determined that Getty Images Premium Access is the only subscription license that provides the ability to download video, audio, or image files in any combination, up to the maximum number of downloads associated with their license, with no limitations on how many of each can be downloaded, via a single license agreement. Other products provide access to image, video, and audio files, but limit the amount of each that can be downloaded under the terms of their licenses, and in some cases require multiple licenses, each at an additional cost, to provide the full list of required file types. As VA rarely knows in advance which would be necessary for a to-be-developed training course, limitations on how many of any particular form of media can be utilized significantly hinders its ability to provide effective training to VA's IT workforce. Additionally, this capability is essential to avoid continuously using the same imagery within courses, and allows for the reuse of imagery, video, or audio for courses being updated without incurring an additional per use fee or the purchase of additional licenses.

ITWD course developers update and create over 200 courses annually, so the ability to provide updates without the need for