36C10B20Q0522_JA revised_approved.pdf

Control Number 36C10B-20-AP-1787

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity: Department of Veterans Affairs (VA)

Office of Procurement, Acquisition, and Logistics Technology Acquisition Center 23 Christopher Way Eatontown, NJ 07724

2. Description of Action:

The proposed action is to issue a sole-source Firm Fixed Price (FFP) contract with Mumps AudioFAX, doing business as AudioCARE Systems (hereinafter referred to as Audio CARE), 744 W. Lancaster Avenue, Suite 250, Wayne, PA., 19087.

3. Description of the Supplies or Services:

The proposed action is to enable VA to support COVID-19 social distancing requirements and decompress the pharmacy waiting rooms through automated telephone and text messaging functionality. The application will allow VA to send notifications to Veterans regarding the readiness of prescriptions to be picked up and reminder notices regarding patient’s prescriptions that need to be refilled or renewed.

The text notification function will allow Veterans to remotely wait for their prescriptions and then show up only when they are ready. All VISN 8 Medical Centers currently have integrated AudioCARE System applications. This will be a new licensed application to enhance the current system. The required software applications include the following AudioCARE products: RxREADY, Audio PREFILL, TM-PREFILL and Audio Renewal.

Text messaging applications will also require the ACS-TM-BASE license to transmit text messaging. The period of performance is 12 months with four one-year options. The total estimated value of the proposed action is $569,044.00 (inclusive of options).

4. Statutory Authority:

The statutory authority permitting other than full and open competition is 41 U.S.C.

3304(a)(1) as implemented by the Federal Acquisition Regulation (FAR) Subpart 6.302- 1 entitled, “Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements.

5. Rationale Supporting Use of Authority Cited Above:

Based on extensive market research as detailed in paragraph 8, AudioCARE Systems is the sole manufacturer and distributor of its products and services. All AudioCARE Systems and applications are proprietary, and several have been issued patents.

Therefore, no other company can provide these products or support for these products.

Furthermore, AudioCARE Systems retains ownership of each system and software license, AudioCARE Systems is responsible for licensing and supporting this equipment. No other party can provide license renewal or maintenance services on all

AudioCARE Control Number 36C10B-20-AP-1787

AudioCARE equipment. Based on the proprietary nature of these products, only AudioCARE Systems can provide the annual License Renewal and Maintenance.

Additionally, as previously stated, all VISN 8 Medical Centers currently have integrated AudioCARE System applications and this acquisition will be a new licensed application to enhance the current system. Therefore, the software acquired under this effort needs to interoperate with VA’s currently fielded AudioCARE software. Therefore, only AudioCARE is capable of meeting VA’s technical requirement.

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 sources that can meet the Government’s requirements. There is no competition anticipated for this acquisition.

Additionally, the proposed action will be synopsized on the Contract Opportunities Page in accordance with FAR 5.201. Any proposals that are received shall be evaluated. In accordance with FAR 5.301 and FAR 6.302-1, the award notice for this action will be synopsized on the contract opportunity website beta.sam.gov and the justification will be made publicly available within 14 days of award.

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:

Market research was conducted from June 2020 to August 2020. The Government’s technical experts conducted market research by contacting AudioCARE Systems to determine if they still provide the required product. Additionally, the contract specialist posted a Request For Information (RFI) to Contract Opportunities under beta.sam.gov on August 06, 2020 using North American Industry Classification System (NAICS) code 541519, Other Computer Related Services. One (1) response was received from Mump AudioFAX Inc. doing business as AudioCARE Systems. VA technical experts reviewed the response and determined that Mump AudioFAX Inc. meets the requirement. Mump AudioFAX Inc. advised in their response that they are a Woman Owned Small Business (WOSB). Therefore, the RFI was amended on August 20, 2020 and closed on August 24, 2020 to allow additional offers under the updated NAICS code 511210 ample opportunity to respond to the RFI. No additional responses were received. Further market research was conducted utilizing the National Aeronautics and Space Administration (NASA) Solutions for Enterprise-Wide Procurement (SEWP) V Governmentwide Acquisition Contract (GWAC) portal Provider Lookup Tool and the VA Vendor Information Pages (VIP) tool to determine if there are any additional companies that are capable of providing this requirement. The searches on both tools were conducted using keyword AudioCARE. Both tools yielded no results. The VIP database search was conducted using NAICS code 511210 and keyword AudioCare which resulted in zero matches. Additionally, VA networking Subject Matter Experts regularly review industry trade publications and conduct internet researches to ascertain if any other solutions are available to meet this requirement. Based on all of these market research efforts, the Government’s technical experts have determined that only Mump AudioFAX Inc. can meet VA’s technical requirement.

9. Other Facts:

N/A

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 Ivan S. Itebejac Date:

Title VISN Pharmacist Executive Signature:

11. Fair and Reasonable Cost Determination: I hereby determine that the anticipated price to the Government for this contract action will be fair and reasonable based on price analysis of the quote against the Independent Government Cost Estimate and additional price analysis in accordance with FAR 15.404-1(b), including comparison of the proposed pricing to published commercial catalog pricing.

Name: Debra G. Clayton Date:

Procuring Contracting Officer Signature:

12. Procuring Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Name: Debra G. Clayton

Date:

Procuring Contracting Officer Signature:

Approval

In my role as Procurement Service Director, One Level Above the Contracting Officer, based on the foregoing justification, I hereby approve the acquisition of AudioCARE brand name products: RxREADY, Audio PREFILL, TM-PREFILL and Audio Renewal and Text messaging applications will also require the ACS-TM-BASE license to transmit text messaging, in accordance with VAAM M816.505(b)(2)(ii)(C)(1), on an other than full and open competition basis pursuant to the authority cited in Section 4 above, subject to availability of funds, and provided that the property and services herein described have otherwise been authorized for acquisition.

Date: ____________ Signature: _________________________________ Charles W. Ross Procurement Service Director Technology Acquisition Center

Office of Procurement, Acquisition, and Logistics